Court dismisses visa delay lawsuit

Plaintiffs Adnan Abdulkadir Abdulla and Abdullah Abdulqader Abdullah sued Steven H. Fagin, in his official capacity as Chargé d’Affaires of the U.S. Embassy in Iraq, and Marco Rubio, in his official capacity as U.S. Secretary of State.

The plaintiffs contended their visa applications had been unreasonably delayed in violation of the Administrative Procedure Act.

The plaintiffs also alleged a violation of the Mandamus Act.

While the motion to dismiss was pending, all plaintiffs and their eligible derivative beneficiaries except for Abdulbasit, Adnan’s son, were granted visas.

Only Abdulbasit’s visa application remained outstanding at the time of the decision.

The court granted the defendants’ motion to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).

The plaintiffs had filed their complaint in September 2025 after their applications were temporarily refused under Section 221(g) of the Immigration and Nationality Act following consular interviews in July 2024.