Nusrat v. Blinken

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ZAKIA NUSRAT, Plaintiff, v. Civil Action No. 21-2801 (TJK) ANTONY J. BLINKEN et al., Defendants. MEMORANDUM OPINION Zakia Nusrat is an American citizen who submitted visa petitions on behalf of her noncit- izen parents. She sued the Secretary of State and other government officials alleging that they have unreasonably delayed adjudicating her parents’ follow-on visa applications. She seeks a court order compelling adjudication of the applications, as well as declaratory and injunctive relief from a policy allegedly causing the delay. Defendants moved to dismiss for lack of subject matter jurisdiction and failure to state a claim. For the reasons below, the Court will grant Defendants’ motion and dismiss the case. I. Background A. The I-130 Petition for Alien Relative The Immigration and Nationality Act (“INA”) authorizes the issuance of immigrant visas to certain relatives of U.S. Citizens. 8 U.S.C. § 1101 et seq.; Arab v. Blinken, No. 21-cv-1852 (BAH), 2022 WL 1184551, at *1 (D.D.C. Apr. 21, 2022). To obtain permanent resident status for qualifying foreign relatives under the INA, a U.S. citizen must submit Form I-130 (“Petition for Alien Relative”) to U.S. Customs and Immigration Services (“USCIS”). See 8 U.S.C. § 1154; 8 C.F.R. § 204.1(a)(1); see also Petition for Alien Relative, U.S. Citizenship & Immigr. Servs., 1 available at If USCIS approves the petition, it is forwarded to the State Department’s National Visa Center, and the “foreign national is notified to go to the local U.S. consulate in [her] country to complete visa processing, which includes submitting [a Form DS-260 visa application] and appearing for an interview with a consular officer.” Ghadami v. United States Dep't of Homeland Sec., No. 19-cv-397 (ABJ), 2020 WL 1308376, at *1 (D.D.C. Mar. 19, 2020); see 22 C.F.R. §§ 204.2(a)(3), 42.67(a)(3). The consular officer must then either issue or refuse the visa. See Ghadami, 2020 WL 1308376, at *1. B. This Suit Nusrat alleges that in February 2018 she submitted I-130 petitions on behalf of her noncit- izen parents. ECF No. 1 ¶ ¶ 13–15. USCIS allegedly approved the petitions in October 2018 and forwarded them to the U.S. Embassy in Dhaka, Bangladesh, for further review. Id. ¶ 13. After her parents submitted visa applications, Embassy officials interviewed her mother and father in December 2019 and January 2020, respectively. Id. ¶ 15. Nusrat alleges that Embassy officials then placed the applications in “administrative processing” and have made no final decisions. Id. ¶ 16. Nusrat further alleges that Defendants are “intentionally delaying” the adjudication of her parents’ applications because of the Controlled Application Review and Resolution Program (“CARRP”), a Department of Homeland Security (“DHS”) policy addressing “applications deemed to present potential ‘national security concerns.’” ECF No. 1 ¶ 37–41. The policy pur- portedly directs USCIS officials “to deny the application or delay adjudication” of applications that involve potential “national security concerns.” Id. ¶ 39. Nusrat alleges that CARRP affects applicants from mainly Muslim countries, such as her parents. Id. ¶ 41. 2 Nusrat …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals