Zarghami v. Blinken
Civil Action No. 2024-0172
D.D.C.Mar 21, 2025Background
- Parastue Zarghami, a U.S. citizen, filed an I-130 petition for her brother, Arman Zarghami Khanesar, an Iranian national, to immigrate to the U.S.
- The I-130 petition was approved in 2007 and forwarded for consular processing; Arman later completed his visa application, which became 'documentarily qualified' in May 2021.
- Arman waited thirty-two months for an interview, eventually obtaining one in October 2024, after which his application was refused and placed in 'administrative processing.'
- Plaintiffs allege the delay caused them emotional distress and financial harm due to prolonged family separation.
- They sued the Secretary of State claiming unreasonable delay under the APA and Mandamus Act, seeking an order for quicker adjudication.
- Defendant moved to dismiss for lack of subject matter jurisdiction and failure to state a claim; the court granted the motion and dismissed the case without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue Secretary of State | Secretary can direct officers to act reasonably | Only consular officers, not Secretary, can decide visa | Plaintiffs have standing to sue Secretary |
| Rule of reason for agency delays | Congress set a suggested 180-day timeliness standard | No binding deadline; processing is FIFO | No binding deadline, FIFO is reasonable |
| Unreasonable delay under TRAC factors | Delay in visa processing is egregious, warrants relief | Delay reasonable; no evidence of agency impropriety | Delay not egregious; TRAC factors favor gov’t |
| Mandamus relief entitlement | Delay violates duty to adjudicate in reasonable time | No clear, nondiscretionary duty; mandamus improper | Mandamus not warranted based on these facts |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (standing requirements)
- Ashcroft v. Iqbal, 556 U.S. 662 (plausibility standard for 12(b)(6) motions)
- Telecommunications Research & Action Center (TRAC) v. FCC, 750 F.2d 70 (six-factor test for unreasonable agency delay)
- Mashpee Wampanoag Tribal Council, Inc. v. Norton, 336 F.3d 1094 (queue-jumping and relief in administrative delay cases)