Consular Non-Reviewability Victory in C.D. Cal. – Community Optix v. Rubio

Community Optix v. Rubio "[P]laintiffs sued right here in August 2024 underneath the APA, claiming that the State Division has both unlawfully withheld or unreasonably delayed adjudication of Iuldashev’s H-1B visa software. See 5 U.S.C. § 706(1). In addition they declare within the various that the State Division has improperly adjudicated the applying in violation of the Immigration and Nationality Act (INA) or with out following the State Division’s rules. See 5 U.S.C. § 706(2). For his half, Secretary Rubio strikes to dismiss the grievance for lack of subject material jurisdiction underneath Rule 12(b)(1) and for failure to state a declare on which reduction could also be granted underneath Rule 12(b)(6). (ECF 14). None of his arguments, nevertheless, helps dismissal of the whole motion on the face of the grievance. In addition to, the Secretary doesn’t problem plaintiffs’ separate APA declare underneath § 706(2) uniquely by itself phrases. A technique or one other, then, the Secretary should reply the grievance (even when solely partially) and proceed to truth discovery." [Hats off to superlitigator Jesse Bless , who describes the decision as "a masterclass on the INA, regs, and FAM…"]