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Case Name Doe v. U.S. Department of State IM-DC-0076
Docket / Court 1:15-cv-01971 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Case Summary
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, ... read more >
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.

Aaron Gurley - 05/27/2020


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Issues and Causes of Action
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Issues
Immigration/Border
Visas - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. ยงยง 551 et seq.
Mandamus, 28 U.S.C. § 1361
Defendant(s) U.S. Department of Homeland Security
U.S. Department of State
Plaintiff Description An Iraqi citizen seeking a Special Immigrant Visa after supporting U.S. operations in Iraq
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Filed 11/06/2015
Case Closing Year 2016
Case Ongoing No
Additional Resources
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Docket(s)
1:15-cv-01971 (D.D.C.)
IM-DC-0076-9000.pdf | Detail
Date: 02/03/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Writ of Mandamus and For Order Compelling Agency Action Unreasonably Delayed [ECF# 1]
IM-DC-0076-0001.pdf | Detail
Date: 11/06/2015
Source: PACER [Public Access to Court Electronic Records]
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Judges Walton, Reggie B. (FISC, D.D.C.) show/hide docs
IM-DC-0076-9000
Plaintiff's Lawyers Double, Robert C (California) show/hide docs
IM-DC-0076-0001
Maack, Marcia Tavares (District of Columbia) show/hide docs
IM-DC-0076-0001 | IM-DC-0076-9000
Nemetz, Miriam R. (District of Columbia) show/hide docs
IM-DC-0076-0001
Word, Michael J (Illinois) show/hide docs
IM-DC-0076-0001
Defendant's Lawyers Fishman, Dillon (District of Columbia) show/hide docs
IM-DC-0076-9000

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