MEMORANDUM OPINION AND ORDER Plaintiffs, Zhanybek Kubanychbekov and his wife, Asel Sagynbekova, filed this action alleging unreasonable delays in the administrative processing of their Diversity Visa applications against the following defendants: Antony J. Blinken, United States Secretary of State; Rena Bitter, Assistant Secretary of State for Consular Affairs; Victoria Nuland, former Acting Deputy Secretary of State; Richard C. Visek, Acting Legal Adviser, United States Department of State; Lesslie Viguerie, United States Ambassador to Kyrgyzstan; Sonata Coulter, former Chargé d’Affaires and Deputy Chief of Mission at the United States Embassy in Bishkek, Kyrgyz Republic; Merrick Garland, United States Attorney General; and Alejandro Mayorkas, Secretary, United States Department of Homeland Secretary, each sued in their official capacity (collectively, “Defendants”). See Am. Compl.
1, 20-28, ECF No. 17; Defs.’ Mem. of L. in Resp. to Pls.’ Req. for Writ of Mandamus 1 (“Defs.’ Brief”), ECF No. 31. Plaintiffs have requested this Court grant a writ of mandamus “to compel Defendants to perform their duties and complete the background checks for, and adjudication of, Plaintiffs’” visa applications. Am. Compl. 66. For the following reasons, Plaintiffs’ request for a writ of mandamus is DISMISSED as moot. BACKGROUND The Immigration and Nationality Act1 established the Diversity Visa Program (“DV”), a program designed to grant immigration visas to those who immigrate from a country where the rate of immigration to the Unites States has historically been low. See 8 U.S.C. §1153(c)(1); Zapata v. I.N.S., 93 F. Supp. 2d 355, 357 (S.D.N.Y 2000). Congress capped the total number of annual DV visas at 55,000. 8 U.S.C. §§1151(a)(3), 1151(e). DV is administered by the United States Department of State, Kentucky Consular Center in Williamsburg, Kentucky. Kentucky Consular Center Information, U.S. Dep’t of State, https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/kentucky-consular-center-information.html (last visited Nov. 25, 2024). These visas are made available to those selected randomly by lottery (conducted annually, typically in October), and selectees are then eligible to submit visa applications. 22 C.F.R. §42.33(c). Diversity Visa applicants must submit written applications and appear for an interview with a consular officer, as well as satisfy all statutory admissibility requirements. See Kentucky Consular Center Information, U.S. Dep’t of State, https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/kentucky-consular-center-information.html (last visited Nov. 25, 2024); see also 8 U.S.C. §§1153(c), 1182 (describing what makes applicants for visas eligible and ineligible, respectively), 1201(g) (directing consular officers to deny visas to those who are ineligible). Those who are selected must complete the visa application and receive their visa prior to “the end of the specific fiscal year for which they were selected,” or before September 30 of the year following the lottery selection. See 8 U.S.C §1154(a)(1)(I)(ii)(II); Kracun v. United States, 392 F. Supp. 2d 594, 595 (S.D.N.Y. 2005). Thus, those who are selected by the lottery and complete their applications are eligible for the DV up until September 30 of the following year or until the 55,000-visa cap has been reached. When a visa application has been submitted and an interview conducted, the consular officer decides whether to grant the visa or deny it. 22 C.F.R. §42.81. If the consular officer decides that an applicant is ineligible, “[i]t is possible that a consular officer will reconsider a visa application refused under 221(g) [of the Immigration and Nationality Act2 at a later date, based on additional information or upon the resolution of administrative processing, and determine that the applicant is eligible." Administrative Processing Information, U.S. Dep't of State, https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/administrative-processing-information.html (last visited Nov. 25, 2024). If the reason for the refusal can be overcome by supplying additional documentation, and the applicant "adduces further evidence tending to overcome the ground of ineligibility on which the refusal was based, the case shall be reconsidered." 22 C.F.R. §42.81(e). Plaintiffs, residents of Kyrgyzstan, entered into the 2023 DV program. Repede Decl. 3, ECF No. 32. They each filed separate applications, but prior to the selection were married, and so when only Kubanychbekov was selected in the lottery they were each able to file for visas under the same case. Id. at
