Raduga USA Corp. v. United States Department of State

ORDER GRANTING IN PART AND DENYING IN PART PARTIES’ CROSS MOTIONS FOR SUMMARY JUDGMENT; ISSUING WRIT OF MANDAMUS AGAINST THE UNITED STATES CONSULATE

On May 14, 2004, Plaintiffs filed a complaint for declaratory and injunctive relief and a writ in the nature of mandamus. Plaintiffs allege that Defendants have unlawfully withheld and unreasonably delayed Plaintiffs Romanavskiy and Yakove-leva’s visa applications. Pursuant to the Court’s scheduling order, the parties filed cross motions for summary judgment. In its moving papers, the government claimed that the United States consul was imminently processing Plaintiffs’ visa applications. At oral argument, the government confirmed that the United States consul would soon render a decision on Plaintiffs’ pending visa applications. In response, the Court set the matter for status hearing on February 25, 2005. At the hearing, the government informed the Court that the consul had not yet made any decision granting or denying Plaintiffs’ visa applications. The case was then submitted. To date, no consular official has not rendered a decision on Plaintiffs’ visa applications which have been pending now for over four years.

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