Immigration Law

Setback for #VisaGate2015 Lawsuit: Mehta v. DOS (May 16, 2016)

Mehta v. DOS, May 16, 2016 - "This matter comes before the Court on Defendants United States Department of State, et al. (collectively, “State Department”)’s Motion to Dismiss pursuant to FRCP 12(b)(1) and 12(b)(6), Dkt. #27. The State Department argues inter alia, that the Court lacks jurisdiction under the Administrative Procedure Act (“APA”) to review Defendants’ revision to a visa bulletin as this revision does not constitute “final agency action.” Id. at 2. Plaintiffs oppose this Motion and argue that the bulletin revision does constitute final agency action. See Dkt. #30. For the reasons set forth below, the Court agrees with Defendants and GRANTS their Motion."