Maryam Hadiekhan v. Rena Bitter
Opinion
trial_court Opinion
CIVIL MINUTES – GENERAL ‘O’ JS-6
Case No. 2:23cv06841-DDP (MARx) Date: January 18, 2024 Title MAR;YAM HADIEKHAN v. RENA BITTER; ET AL.
Present: The Honorable: DEAN D. PREGERSON, U.S. DISTRICT JUDGE
Catherine Jeang Not Present Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present
Proceedings: (IN CHAMBERS) – MOTION TO DISMISS [10] (Filed November 6, 2023)
Defendants' Motion to Dismiss (Dkt. 10) is GRANTED. As an initial matter, “[a]lthough the INA does not set a deadline for consular officers to review and adjudicate visa applications, defendants have a duty to act within a reasonable time.” Iqbal v. Blinken, No. 223CV01299KJMKJN, 2023 WL 7418353, at *6 (E.D. Cal. Nov. 9, 2023) (citing 5 U.S.C. § 555). Indeed, “courts routinely assess the reasonableness of the pace of agency action under the APA.” Chen v. Heinauer, No. C07-103RSL, 2007 WL 1468789, at *5 (W.D. Wash. May 18, 2007) (internal quotation marks omitted); see also Khan v. Johnson, 65 F. Supp. 3d 918, 926 (C.D. Cal. 2014) As…