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Case: Doe v. U.S. Department of State

1:15-cv-01971 | U.S. District Court for the District of Columbia

Filed Date: Nov. 6, 2015

Closed Date: Jan. 11, 2016

Clearinghouse coding complete

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, 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 Cris…

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)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4214230/parties/doe-v-united-states-department-of-state/


Judge(s)

Walton, Reggie B. (District of Columbia)

Attorneys(s) for Plaintiff

Double, Robert C (California)

Maack, Marcia Tavares (District of Columbia)

Nemetz, Miriam R. (District of Columbia)

Word, Michael J (Illinois)

Attorneys(s) for Defendant

Fishman, Dillon (District of Columbia)

Judge(s)

Walton, Reggie B. (District of Columbia)

Attorneys(s) for Plaintiff

Double, Robert C (California)

Maack, Marcia Tavares (District of Columbia)

Nemetz, Miriam R. (District of Columbia)

Word, Michael J (Illinois)

Attorneys(s) for Defendant

Fishman, Dillon (District of Columbia)

Documents in the Clearinghouse

Document

1:15-cv-01971

Docket [PACER]

Doe v. United States Department of State

Feb. 3, 2016

Feb. 3, 2016

Docket
1

1:15-cv-01971

Complaint for Writ of Mandamus and For Order Compelling Agency Action Unreasonably Delayed

Doe v. United States Department of State

Nov. 6, 2015

Nov. 6, 2015

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4214230/doe-v-united-states-department-of-state/

Last updated Nov. 21, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Mandamus ( Filing fee $ 400 receipt number 4616074478.) filed by JOHN DOE. (Attachments: # 1 Civil Cover Sheet)(td) . (Entered: 11/09/2015)

1 Civil Cover Sheet

View on PACER

Nov. 6, 2015

Nov. 6, 2015

RECAP
2

MOTION for Leave to Proceed in Pseudonym by JOHN DOE (Attachments: # 1 Memorandum in Support)(td) (Entered: 11/09/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
3

ORDER granting 2 Plaintiff's Motion for Leave to Proceed in Pseudonym. Signed by Chief Judge Richard W. Roberts on 11/3/15. (td) . (Entered: 11/09/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
4

SEALED DOCUMENT filed by JOHN DOE. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 11/09/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/10/2015. Answer due for ALL FEDERAL DEFENDANTS by 1/9/2016. (Maack, Marcia) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/10/2015. (Maack, Marcia) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JEH JOHNSON served on 11/12/2015; JOHN F. KERRY served on 11/10/2015; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 11/12/2015; UNITED STATES DEPARTMENT OF STATE served on 11/10/2015 (Maack, Marcia) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

8

Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by JEH JOHNSON, JOHN F. KERRY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Fishman, Dillon) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

9

NOTICE of Voluntary Dismissal by JOHN DOE (Maack, Marcia) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

MINUTE ORDER finding as moot 8 Motion for Extension of Time to Answer. Upon consideration of the Notice of Dismissal Pursuant to Rule 41(a)(1)(A)(i), it is hereby ORDERED that the Defendants' Consent Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint is DENIED AS MOOT. It is further ORDERED that this case is DISMISSED. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on February 3, 2016. (lcrbw2) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

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):

Private Plaintiff

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.

Mandamus, 28 U.S.C. § 1361

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Visas - procedures