Unreported / Non-Citable
Background
Jawad Albu Amer sued State Department officials over delays in adjudicating visa applications for his adult sons. He sought relief under the Administrative Procedure Act and mandamus statute and also alleged that the delays violated his constitutional right to family unity.
The government moved to dismiss for lack of jurisdiction and failure to state a claim.
The Court’s Holding
The court retained subject-matter jurisdiction but held that the pleaded delay was not unreasonable under the governing agency-delay factors. It dismissed the APA and mandamus theories without prejudice, allowing the possibility of a later challenge if continued delay changes the balance.
The court dismissed the due-process claim with prejudice. Supreme Court and Ninth Circuit authority do not recognize a constitutionally protected interest in a citizen parent obtaining visas for adult noncitizen children.
Key Takeaways
- Federal courts may have jurisdiction to review visa delay claims even when the pleaded delay does not yet justify relief.
- An APA or mandamus delay claim turns on the length, context, and consequences of agency inaction.
- A U.S. citizen has no recognized substantive due-process right to secure admission of an adult noncitizen child.
- The delay claims may be renewed if future circumstances make the wait unreasonable.
Why It Matters
Immigration practitioners should distinguish between jurisdiction and the merits of an unreasonable-delay claim. The decision also underscores the sharp constitutional limits on family-unity arguments involving adult children.