Shayesteh Soroush v. Antony J. Blinken

I. INTRODUCTION

On August 1, 2024, plaintiffs Shayesteh Soroush (“Soroush”) and Mohammad Akhavan Tabakh (“Tabakh”) filed this action against defendants Antony J. Blinken, in his official capacity as United States Secretary of State, and Robert Jachim, in his official capacity as Acting Director of the Office of Screening, Analysis, and Coordination (“defendants”). Dkt. 1 (“Compl.”). Soroush and Tabakh assert four claims for relief, all arising out of an allegedly unreasonable delay in processing Tabakh’s visa application: (1) mandamus to compel agency action, pursuant to 28 U.S.C. § 1361; (2) violation of the Administrative Procedure Act (“APA”), 5 U.S.C. § 706(2), for unlawful withholding of agency action; (3) violation of the APA, 5 U.S.C. § 706(1), for withholding of a mandatory entitlement: and (4) violation of the APA, 5 U.S.C. § 555(b), for unreasonably delayed adjudication. Id. 9] 106-174. On November 4, 2024, defendants filed the instant motion to dismiss. Dkt. 12 (“Mot.”). On January 5, 2025, Soroush and Tabakh (“plaintiffs”) filed their opposition. Dkt. 13 (“Opp.”). On January 13, 2024, defendants filed their reply. Dkt. 14…