Case of A.B.

A.B.’s immigration application was pending for more than 3 years when he and his employer in the US decided to file a mandamus lawsuit. After we filed the lawsuit, the government made numerous attempts to dismiss the lawsuit, such as citing to the doctrine of consular nonreviewability, and change the court venue. However, after our briefing, the Court found that it had jurisdiction over the case and found the government’s delay to be unreasonable. It decided that the consulate had to make a decision within 60 days, and because the delay was unjustified, found that the government should compensate the plaintiffs for legal fees under the Equal Access to Justice Act.