Akther v. Bitter

• Court: District Court, District of Columbia
• Decided: August 12, 2024
• Docket: Civil Action No. 2023-2431
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MAYMUNA AKTHER,

Plaintiff, Civil Action No. 23-2431 (LLA) v.

RENA BITTER,

Defendants.

MEMORANDUM OPINION

Plaintiff Maymuna Akther, proceeding pro se,1 brings this action against Defendants Rena

Bitter, Assistant Secretary of the Bureau of Consular Affairs; Helen LaFave, Deputy Chief of

Mission, U.S. Embassy in Bangladesh; and Antony Blinken, Secretary of the U.S. Department of

State. ECF No. 1 ¶¶ 12-14. She asks the court “to compel the Defendants to take action on and

adjudicate her properly-filed I-130 visa application.” Id. ¶ 1. On June 10, 2024, Defendants filed

a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), arguing that the case is

moot because Ms. Akther’s visa has been issued and she has entered the United States. ECF

No. 11, at 1. On June 14, 2024, the court issued a Fox/Neal order directing Ms. Akther to respond

to Defendants’ motion to dismiss on or before July 5, 2024. ECF No. 12. The court advised

Ms. Akther that, if she failed to respond to Defendants’ motion in the time provided, the court

could treat the motion as conceded, rule on Defendants’ motion based on Defendants’ arguments

alone, or dismiss the case for failure to prosecute. ECF No. 12, at 1. When Ms. Akther failed to

respond by July 5, the court extended the deadline to respond to August 5, 2024. See July 15, 2024

1 Ms. Akther was initially represented by counsel, but counsel withdrew on June 6, 2024. ECF No. 10. Minute Order. Because Ms. Akther has again failed to respond, and in light of Defendants’

representation that her visa has been issued and she has entered the United States, the court grants

Defendants’ motion to dismiss the matter as moot. See Sayad v. U.S. Dep’t of Homeland Sec.,

No. 20-CV-2333, 2022 WL 4130840, at *2 (D.D.C. Sept. 12, 2022) (dismissing visa mandamus

case as moot when a consular officer issued a final decision on the relevant visa application);

Aboutalebi v. Dep’t of State, 19-CV-2605, 2019 WL 6894046, at *2 (D.D.C. Dec. 18, 2019)

(same). A separate order will issue.

SO ORDERED.

/s/ Loren L. AliKhan LOREN L. ALIKHAN United States District Judge

Date: August 12, 2024