Filed Date: Nov. 6, 2015
Closed Date: Jan. 11, 2016
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After a long delay in the processing of his Special Immigrant Visa (SIV) application to the U.S., on Nov. 6, 2015, an Iraqi citizen who supported U.S. reconstruction efforts in his home country filed this lawsuit in the United States District Court for the District of Columbia. Plaintiff, represented by the private law firm Mayer Brown LLP, sued the U.S. Department of State, the U.S. Department of Homeland Security, and the directors of those agencies. In 2008, Congress enacted the Refugee Crisis in Iraq Act (RCIA), making Iraqi nationals under threat because of their support of U.S. operations in Iraq eligible for SIVs. In 2013, Congress amended the RCIA and directed that the processing of each SIV application should be completed within 9 months. Plaintiff alleged that defendants failed to make a determination on his SIV application within nine months, in violation of the RCIA and the Administrative Procedure Act. Plaintiff sought injunctive and mandamus relief to compel defendants to adjudicate his SIV application without any further delay.
Plaintiff, who was granted leave to proceed by pseudonym because of the risk of reprisal he faced in Iraq, asserted that, at the time the complaint was filed, it had been over five years since he began the SIV application process. Plaintiff further contended that in the time that his application was in delayed processing, "terrorist groups and militias . . . hostile to U.S. forces and the Iraqi government . . . resumed their threats against individuals who have assisted the U.S. Government." Plaintiff asserted that he and his family received threats and acts of violence because of his affiliation with the U.S. government. Moreover, plaintiff stated that his wife and daughter had received SIVs and were planning to move to the U.S. without him, "creat[ing] and additional hardship as his wife and child will be forced to start a new life in a strange country without him." 2015 WL 9647660.
According to the complaint filed in Afghan and Iraqi Allies v. Pompeo, at some point in January of 2016, defendants provided the requested relief and adjudicated plaintiff's SIV application without seeking a dismissal.
Following defendants' adjudication of plaintiff's SIV application, plaintiff voluntarily dismissed the case.
The case is now closed.
Summary Authors
Aaron Gurley (5/27/2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4214230/parties/doe-v-united-states-department-of-state/
Walton, Reggie B. (District of Columbia)
Double, Robert C (California)
Maack, Marcia Tavares (District of Columbia)
Nemetz, Miriam R. (District of Columbia)
Fishman, Dillon (District of Columbia)
Walton, Reggie B. (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/4214230/doe-v-united-states-department-of-state/
Last updated Jan. 28, 2024, 3:01 a.m.
State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Nov. 6, 2015
Closing Date: Jan. 11, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
An Iraqi citizen seeking a Special Immigrant Visa after supporting U.S. operations in Iraq
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Department of State, Federal
U.S. Department of Homeland Security, Federal
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: