Federal Judge Refuses To Dismiss Lawsuit Against Rubio

But Magistrate Judge Zia M. Faruqui rejected that argument, noting that a § 221(g) refusal is not a final decision, since the State Department’s own guidance tells applicants their cases will be re-adjudicated once processing is complete. The court stressed that nonreviewability applies only to final determinations.

Faruqui also dismissed the government’s sovereign immunity claim, ruling that the Administrative Procedure Act (APA) waives immunity in cases where plaintiffs seek injunctive relief rather than monetary damages.

The judge concluded that the State Department has a “clear, nondiscretionary duty” to either issue or refuse a visa once an application is properly filed — a duty it has failed to fulfill in this case.

Faruqui cited State Department regulations requiring consular officers to act