Al Ibrahim v. Rubio
CourtDistrict Court, District of Columbia
Date FiledNovember 12, 2026
DocketCivil Action No. 2025-3908
JudgeJudge Sparkle L. Sooknanan
StatusPublished
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Full Opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RANA JAAFAR AL IBRAHIM, et al.,
Plaintiffs,
Civil Action No. 25 - 3908 (SLS)
v. Judge Sparkle L. Sooknanan
MARCO RUBIO, et al.,
Defendants.
MEMORANDUM OPINION
In 2018, Rana Jaafar Al Ibrahim filed an I-130 petition on behalf of her husband, Ali
Hassan A. Al Faraj, and their children, T.A. and Z.A, all Saudi nationals. Eight years later, they
are still awaiting a final decision. The Plaintiffs sued the Secretary of State and the U.S. Embassy
in Riyadh to compel the processing of their applications. The Defendants have moved to dismiss
under Federal Rule of Civil Procedure 12(b)(6). Although the Court recognizes the hardship that
the Plaintiffs have faced because of the extended delay, it must grant the Defendants’ motion and
dismiss the case.
BACKGROUND
A. Statutory Background
“An American citizen seeking a visa for [her] immediate relative must file an I-130 Petition
with [U.S. Citizenship and Immigration Services (USCIS)].” Motevali v. Rubio, No. 24-cv-1029,
2025 WL 885116, at *1. (D.D.C. Mar. 21, 2025) (citation omitted). Next, USCIS “transfers the
Petition to the [Department of State’s] National Visa Center (NVC)[.]” Id. (citing 8 C.F.R.
§ 204.2(a)(3)). “The applicant must then pay a fee and complete additional paperwork, including
Form DS-260 (the Electronic Application for Immigrant Visa and Alien Registration).” Id. (citing
22 C.F.R. § 42.63). “Once the NVC determines that it has the required paperwork, it marks the
case ‘documentarily complete,’ and schedules an interview for the applicant.” Id. (citing 9 Foreign
Affs. Manual (FAM) § 504.1-2(b)–(d); 22 C.F.R. § 42.62; 9 FAM §§ 504.1-2(d)(1), 504.4-6).
“After the interview, the consular officer ‘must’ either ‘issue the visa’ or ‘refuse the visa[.]’” Id.
(quoting 22 C.F.R. § 42.81(a)). “[U]nder Section 221(g) of the Immigration and Nationality Act
(INA), an officer can temporarily refuse to issue a visa in order to allow for further administrative
processing of an applicant’s case if the officer needs more information or time to determine
eligibility.” Sawahreh v. U.S. Dep’t of State, 630 F. Supp. 3d 155, 157 (D.D.C. 2022).
B. Factual Background
The Court draws the facts, accepted as true, from the Plaintiffs’ Amended Complaint and
attachments. Wright v. Eugene & Agnes E. Meyer Found., 68 F.4th 612, 619 (D.C. Cir. 2023).
Rana Jaafar Al Ibrahim is a United States citizen who resides in Saudi Arabia with her
family. Am. Compl. ¶ 7, ECF No. 8. In November 2018, Ms. Al Ibrahim submitted I-130 petitions
to USCIS on behalf of her husband, Ali Hassan A. Al Faraj, and their two minor children, T.A.
and Z.A., all Saudi nationals. Id. ¶ 31. The U.S. Embassy in Riyadh interviewed the family on
October 5, 2022. Id. ¶ 36. The family then submitted additional documentation at the Embassy’s
request. Id.
In November 2022, and again in December 2022, the Embassy notified Ms. Al Ibrahim
that T.A.’s and Z.A.’s applications had been approved. Id. ¶¶ 37–38. The Embassy also requested,
and Ms. Al Ibrahim submitted, the children’s passports. Id. ¶ 37. The Embassy later returned the
passports but did not issue the visas. Id. ¶ 39. The Plaintiffs did not hear from the Embassy again
until June 2024, when it “erroneously notified Ms. Al Ibrahim that it had terminated T.A.’s
application” because he had “abandoned” pursuit of the visa. Id. ¶ 40. The Embassy later corrected
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this error. Id. Upon request, in October 2025, Ms. Al Ibrahim submitted additional information for
T.A. and Z.A., “most of which had already been . . . provided” at the October 2022 interview. Id.
¶ 41.
In January 2026, the Immigrant Visa Unit at the Embassy asked Ms. Al Ibrahim to submit
additional documentation “[i]n order to proceed with processing,” after which it would schedule
“an in-person re-oath appointment[.]” 1 Id. ¶ 42 (alteration in original). Ms. Al Ibrahim complied
and the Embassy confirmed receipt of the documents. Id. ¶¶ 43–44. In February 2026, the Embassy
relayed that “administrative processing on [the] cases ha[d] been complete[d]” and requested that
the family provide medical examinations and police clearance reports and email “to schedule
[their] re-oath appointment.” Id. ¶ 45. Ms. Al Ibrahim again complied, sending copies of the police
clearance reports and reporting that the medical examinations had taken place. Id. ¶ 46. The
Embassy confirmed receipt, and instructed Ms. Al Ibrahim to “send [] a follow up email once the
medical exams [were] electronically uploaded so [it could] schedule [the] re-oath appointments.”
Id. ¶ 47. The examining physician uploaded the examinations to the Plaintiffs’ case records on
April 1, 2026, and Ms. Al Ibrahim notified the Embassy on May 13, 2026. Id. ¶¶ 48–49. On May
21, 2026, the Embassy advised Ms. Al Ibrahim that “[d]ue to the war in the region, the U.S.
Embassy and Consulates in Saudi Arabia are closed until further notice. All visa processing is
currently suspended.” Id. ¶ 52. To date, the Plaintiffs have heard nothing further from the Embassy.
Id. ¶ 58.
1
The term “re-oath appointment” used by the Embassy and throughout the filings appears to refer
to a second interview, as described in Section 222(h) of the INA.
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C. Procedural Background
In November 2025, the Plaintiffs sued the Secretary of State to compel the processing of
their visa applications. See Compl., ECF No. 1. In July 2026, the Plaintiffs filed an Amended
Complaint, adding the Embassy as a Defendant and setting forth additional facts that took place
between November 2025 and June 2026. 2 See Am. Compl. The Defendants have moved to dismiss
under Rule 12(b)(6). See Mot. to Dismiss (Mot.), ECF No. 12. That motion is fully briefed and
ripe for review. See Pls.’ Opp’n to Mot. Dismiss (Opp’n), ECF No. 13; Defs.’ Reply Supp. Mot.
Dismiss (Reply), ECF No. 14.
LEGAL STANDARD
Under Rule 12(b)(6), a court will dismiss a complaint that does not “contain sufficient
factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)).
When reviewing a motion to dismiss under Rule 12(b)(6), courts “must construe the complaint ‘in
favor of the plaintiff, who must be granted the benefit of all inferences that can be derived from
the facts alleged.’” Hettinga v. United States, 677 F.3d 471, 476 (D.C. Cir. 2012) (quoting Schuler
v. United States, 617 F.2d 605, 608 (D.C. Cir. 1979)). But courts need not accept as true “a legal
conclusion couched as a factual allegation,” nor an inference unsupported by the facts set forth in
the complaint. See Trudeau v. FTC, 456 F.3d 178, 193 (D.C. Cir. 2006) (quoting Papasan v. Allain,
478 U.S. 265, 286 (1986)).
2
The Defendants claim that the Amended Complaint is a supplemental pleading erroneously filed
“as a matter of course” under Rule 15(a)(1). Mot. at 3 n.1. Even if true, leave to supplement should
be “freely given[.]”Foman v. Davis, 371 U.S. 178, 182 (1962). And here, where the instant motion
is fully briefed and neither Party would be prejudiced by supplementation, the Court treats the
Amended Complaint as the operative pleading. See Brown v. USCIS, No. 23-cv-3669, 2024 WL
4253121 at *4 (D.D.C. Sep. 20, 2024) (same approach).
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DISCUSSION
Invoking the Administrative Procedure Act (APA), the Plaintiffs ask this Court to compel
the Defendants to adjudicate their visa applications. The Defendants raise several arguments in
support of dismissal, including that they have no duty to act and that the Plaintiffs’ claims are
barred by the doctrine of consular non-reviewability. The Court has previously addressed and
rejected identical arguments in similar cases. See, e.g., Thein v. Trump, No. 25-cv-2369, 2025 WL
2418402, at *7–11, (D.D.C. Aug. 21, 2025); Motevali, 2025 WL 885116, at *5. Here, however,
the Court need not address these arguments because, even if the Plaintiffs prevail on those issues,
their unreasonable delay claims ultimately fail.
Unreasonable delay is measured by six factors announced in Telecommunications
Research and Action Center v. FCC. (TRAC), 750 F.2d 70 (D.C. Cir. 1984):
(1) The time agencies take to make decisions must be governed by a rule of reason;
(2) where Congress has provided a timetable or other indication of the speed with
which it expects the agency to proceed in the enabling statute, that statutory scheme
may supply content for this rule of reason; (3) delays that might be reasonable in
the sphere of economic regulation are less tolerable when human health and welfare
are at stake; (4) the court should consider the effect of expediting delayed action on
agency activities or a higher or competing priority; (5) the court should also take
into account the nature and extent of the interests prejudiced by delay; and (6) the
court need not find any impropriety lurking behind agency lassitude in order to hold
that agency action is “unreasonably delayed.”
In re People’s Mojahedin Org. of Iran, 680 F.3d 832, 836–37 (D.C. Cir. 2012) (per curiam)
(cleaned up). 3 Considering these factors, the Plaintiffs fall short on their claims.
Factors one and two: “The first two TRAC factors focus on the extent of and reasons for
the agency delay.” Afghan & Iraqi Allies v. Blinken, 103 F.4th 807, 816 (D.C. Cir. 2024). The first
3
Although “TRAC set forth this framework to assess whether agency delays are ‘so egregious as
to warrant mandamus’ under the All Writs Act,” the D.C. Circuit has “routinely applied the same
framework to assess claims that agency action has been ‘unreasonably delayed’ for purposes of
the [APA].” Afghan & Iraqi Allies v. Blinken, 103 F.4th 807, 815 (D.C. Cir. 2024) (first quoting
TRAC, 750 F.2d at 75, 79–80; and then quoting 5 U.S.C. § 706(1)).
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factor, which is “the most important consideration under TRAC,” is that “the time agencies take to
make decisions must be governed by a rule of reason.” Id. (quotation marks omitted) (first quoting
In re Core Commc’ns, Inc., 531 F.3d 849, 855 (D.C. Cir. 2008); and then quoting TRAC, 750 F.2d
at 80). The second factor informs the first: “[W]here Congress has provided a timetable or other
indication of the speed with which it expects the agency to proceed in the enabling statute, that
statutory scheme may supply content for this rule of reason.” TRAC, 750 F.2d at 80.
To supply a congressional timetable, the Plaintiffs point to Section 233 of the Foreign
Relations Authorization Act, which provides that “[i]t shall be the policy of the Department of
State to process immigrant visa applications of immediate relatives of United States citizens . . .
within 30 days of the receipt of all necessary documents from the applicant and the Immigration
and Naturalization Service.” Pub. L. No. 107-228, § 233, 116 Stat. 1350, 1373 (2002) (codified
at 8 U.S.C. § 1201 note). But courts in this District have uniformly held that “the 30-day policy is
just that—an internal State Department policy. It is not a statutory deadline.” Ordian v. Blinken,
No. 23-cv-2993, 2024 WL 3251226, at *5 (D.D.C. July 1, 2024); accord Janay v. Blinken, 743
F. Supp. 3d 96, 116 (D.D.C. 2024); Milligan v. Pompeo, 502 F. Supp. 3d 302, 318 (D.D.C. 2020).
As the D.C. Circuit has explained in the context of a different statute, such “aspirational” language
from Congress is “insufficient to set a deadline” for purposes of TRAC factors one and two. See
Da Costa v. Immigr. Inv. Program Off., 80 F.4th 333, 344 (D.C. Cir. 2023) (discussing 8 U.S.C.
§ 1571(b)). And without a mandatory deadline, “[c]ourts in this District label delays between three
to five years as reasonable and generally extend the ‘unreasonable’ label to delays more than five
years.” Motevali, 2025 WL 885116, at *7 (cleaned up). “[T]he proper method for calculating delay
. . . is the length of time between the last action the government took on a visa application and the
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filing of plaintiff's complaint.” Sadiq v. Rubio, No. 25-cv-2448, 2026 WL 913084, at *3 (D.D.C.
Apr. 3, 2026) (cleaned up).
Here, the last government action was the Embassy’s February 19, 2026, email, which
instructed the Plaintiffs to follow up to schedule their interviews once their medical examinations
were uploaded. 4 Am. Compl. ¶ 47. The Plaintiffs filed their Amended Complaint on July 27, 2026,
so the relevant delay is just over five months. And unfortunately for the Plaintiffs, this is simply
not long enough. See Sadiq, 2026 WL 913084, at *3 (nine months is not long enough); Motevali,
2025 WL 885116, at *7 (seventeen months is not long enough).
The Defendants also invoke a second rule of reason that further undermines the Plaintiffs’
showing on these TRAC factors: the United States’ ongoing conflict with Iran. The Defendants
assert that “[t]he Riyadh embassy has suspended routine consular services since April 7, 2026, due
to the current conflict with Iran.” Mot. at 19 (citing U.S. Visa Services, U.S. Embassy & Consulates
in Saudi Arabia, https://perma.cc/AJX7-HCDN (last visited Nov. 4, 2026)). 5 The Plaintiffs
acknowledge as much, Am. Compl. ¶ 52, but contend that the “impossib[ility]” of scheduling
interviews is a factual question inappropriate for resolution on a motion to dismiss. Opp’n at 13.
But the Court need not resolve this factual question. It is enough that the Plaintiffs recognize that
services are indeed suspended, which favors the Defendants. See Arab v. Blinken, 600 F. Supp. 3d
59, 70 (D.D.C. 2022) (recognizing in the context of the COVID-19 pandemic that embassy
4
The email from the Embassy on May 21, 2026, alerting the Plaintiffs that it was closed due to
“the war in the region,” Am. Compl. ¶ 52, is not an “action” taken on the Plaintiffs’ applications.
And the communication regarding the erroneous cancellation of Z.A.’s application on June 21,
2026, Am, Compl. ¶ 4, was in error, so it cannot fairly be considered.
5
“The Court takes judicial notice of information posted on official government websites without
transforming the Government’s motion into one for summary judgment.” Dastagir v. Blinken, 557
F. Supp. 3d 160, 163 n.3 (D.D.C. 2021); see also Cannon v. District of Columbia, 717 F.3d 200,
205 n.2 (D.C. Cir. 2013) (taking judicial notice of an official government website).
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shutdowns and the resulting application backlogs can tilt the first two TRAC factors “decisively in
defendants’ favor”); see also Tate v. Pompeo, 513 F. Supp. 3d 132, 150–51 (D.D.C. 2021) (“[T]he
government’s interests in balancing its own priorities and determining how to allocate scarce
resources in a global pandemic outweigh plaintiffs’ interests in immediate adjudication of their
visas.” (cleaned up)). Thus, the first and second TRAC factors favor the Defendants.
Factors three and five: The third and fifth TRAC factors “focus on the interests affected by
agency delay.” Afghan & Iraqi Allies, 103 F.4th at 817. The third factor observes that “delays that
might be reasonable in the sphere of economic regulation are less tolerable when human health
and welfare are at stake.” TRAC, 750 F.2d at 80. And the fifth factor addresses “the nature and
extent of the interests prejudiced by the delay.” Id. The Plaintiffs claim that Ms. Al Ibrahim has
been “separated from her husband and two minor children for years[.]” Opp’n at 13. The Amended
Complaint is not clear on that point. It states that Ms. Al Ibrahim has “waited nearly eight years to
reunite with and relocate her family to the United States.” Am. Compl. ¶ 59. But it elsewhere states
that “Ms. Al Ibrahim and her family currently reside in Dhahran, Saudi Arabia.” Id. ¶ 7. At this
stage, the Court must construe the facts in the light most favorable to the Plaintiffs, and thus accepts
the allegation that Ms. Al Ibrahim is actually separated from her family. And considering that the
INA seeks to further family reunification, factors three and five favor the Plaintiffs. See Janay,
743 F. Supp. 3d at 117 (noting that “the interest in re-uniting families weighs in favor of avoiding
undue delay”).
Factor four: “The fourth TRAC factor addresses whether expediting a visa application
would harm other agency activities of equal or greater priority.” Arab, 600 F. Supp. 3d at 71
(cleaned up). This factor is key, as the D.C. Circuit has “refused to grant relief, even though all the
other factors considered in TRAC favored it, where a judicial order putting the petitioner at the
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head of the queue would simply move all others back one space and produce no net gain.” Mashpee
Wampanoag Tribal Council, Inc. v. Norton, 336 F.3d 1094, 1100 (D.C. Cir. 2003) (cleaned up).
The Plaintiffs insist that this is not such a case. They urge that their files are already complete, so
“[c]ompelling a decision . . . produces a net gain, not a reordering of priorities.” Am. Compl. ¶ 72.
But even where “the effect of an individual case would be minimal, an accumulation of such
individual cases being pushed by judicial fiat to the front of the line would erode the ability of
agencies to determine their priorities.” Tate, 513 F. Supp. 3d at 150. And here, untold numbers of
applicants may be in the same position as the Plaintiffs, such that pushing their case to the front of
the line would have little net effect. Thus, the fourth factor weighs in favor of the Defendants.
Factor six: The final TRAC factor “notes that ‘the court need not find any impropriety
lurking behind agency lassitude in order to hold that agency action is unreasonably delayed.’”
Afghan & Iraqi Allies, 103 F.4th at 820 (quoting TRAC, 750 F.2d at 80). Here, the Plaintiffs argue
that the panoply of errors in the Defendants’ handling of their visa applications “reflect[] a lack of
reasoned decision-making.” Am. Compl. ¶ 73. To be sure, the record raises eyebrows. But it
contains no indication of bad faith, so factor six is neutral.
* * *
The Court recognizes the hardship that the Plaintiffs have endured and the frustration that
results from the “well-documented delays in our visa-adjudication system.” Sadiq, 2026 WL
913084 at *4. But the Plaintiffs have failed to establish unreasonable delay under the TRAC factors.
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CONCLUSION
For the foregoing reasons, the Court grants the Defendants’ Motion to Dismiss, ECF
No. 12. A separate order will issue.
SPARKLE L. SOOKNANAN
United States District Judge
Date: November 12, 2026
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