Soophie
Active Member
@curtisatlaw , sorry to disturb you again, in my case, if the mandamus will work , who will communicate with KCC to send me my 2NL? If the mandamus will works, could they send me my 2NL even after 30 of July?
DV 2020 All Selectees
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Airspray
Active Member
Thank you for your reply. I'm sorry I'm being harsh, but again, DECISIONS made after Sept. 30th is not the same as going through the WHOLE PROCESS after September 30th, ie. KCC approving documents and, most importantly, interviews conducted after that day.
curtisatlaw
New Member
For us to prove an administrative delay is unreasonable in the DC federal court, we do not need to prove the closure is exaggerated. There is a test called the TRAC factor test and these are the factors that are balanced:
"(1) the time agencies take to make decisions must be governed by a rule of reason; (2) where Congress has provided a timetable or other indication of the speed with which it expects the agency to proceed in the enabling statute, that statutory scheme may supply content for this rule of reason; (3) delays that might be reasonable in the sphere of economic regulation are less tolerable when human health and welfare are at stake; (4) the court should consider the effect of expediting delayed action on agency activities of a higher or competing priority; (5) the court should also take into account the nature and extent of the interests prejudiced by the delay; and (6) the court need not find any impropriety lurking behind agency lassitude in order to hold that agency action is unreasonably delayed.” Telecomm. Research & Action Ctr. V. FCC (“TRAC”), 750 F.2d 70 (D.C. Cir. 1984).
Several of these factors weigh heavily in the favor of plaintiffs.
I think by "exaggerated" you are referring to factor (6), which you see is not necessary. But it helps. And we will definitely be arguing this factor - impropriety- exist for at least two reasons:
(1) PP 10014 is not related to Covid-19 because they had planned to implement it in 2019 before Covid-19 existed. I can't share links in this forum but google search "Before Covid-19, Trump Aide Sought to Use Disease to Close Borders" for a New York Times story explaining this.
(2) The first four paragraphs of PP 10014, it's foundational basis, are all lies. Immigrants do not steal American jobs. Immigrants are by far this countries biggest job creators, and stifling immigration, stifles innovation and entrepreneurship, and costs Americans jobs. The last part really makes me angry too, where he says "introducing additional permanent residents when our healthcare resources are limited puts strain on the finite limits of our healthcare system at a time when we need to prioritize Americans and the existing immigrant population." That's an awful lie because the majority of American medical professionals are immigrants.
We will also be arguing this same impropriety demonstrates the arbitrary and capricious cause of action.
That's not all we will be arguing, but it's a peak to let you know we are taking these issues seriously.
curtisatlaw
New Member
I like harsh. It's better to get these questions from you than to get them from the judge for the first time in open court.
None of the participants would need to do the whole process over again, once you clear KCC, that step is done. It wouldn't start over after September 30th.
Related, I think the odds the court puts the visas aside for decisions after Sept. 30 is a likely outcome, because of the prior case law in this district (the Amaqrami case).
curtisatlaw
New Member
Oh this is a great question, because it is interesting how this works. When we file a lawsuit against the State Department, the Department of Justice (DOJ) assigns an attorney to represent the State Department. So this DOJ attorney, also called an Assistant US Attorney (AUSA), has a client, like we do, and their client is the State Department. So they contact an attorney for the State Department (they call them agency counsel), and say "hello we are being sued, what do you want to do?" And that starts the process. The first thing the agency counsel does is looks up what the status is for all the participants in the lawsuit. Sometimes, just having the agency counsel do this causes a stuck case to become unstuck, because they open the file and see what is wrong. Anyway, directly to your question, we, as your attorneys, will be communicating with the DOJ attorney who will be communicating with the agency counsel who will be communicating with the KCC. Also, when the judge issues an order, the DOJ attorney will share it with the agency counsel who will also share it with the KCC.
Also, just in case KCC or the embassy needs something from an individual winner, we want to be able to resolve that kind of problem quickly and that's why we also have participants sign a Form G-28 that authorizes my colleague Rafael Urena to do that. I hope that makes sense.
Hi Curtis !
-> How exactly is this going to take place in this situation ? What additional steps will be made if some participants are not issued visas ?
"We continue fighting aggressively until all case participants have decisions on their visa applications. "
-> How exactly is this going to take place in this situation ? What additional steps will be made if some participants are not issued visas ?
SusieQQQ
Well-Known Member
It’s misleading to point to visas being issued in April as meaning anything for this case as (I know one of the cases personally) these were almost certainly all interviewed before the embassy shutdown and placed on AP, then issued (before the ban took effect) once the AP issues were resolved. The incredibly small number issued supports this contention. We know embassies continued working on some non face to face work.
Airspray
Active Member
You seem to have not understand my question, so I'll try explaining again:
There's a vast difference between
1. Someone who already cleared KCC, attended an interview prior to 9/30 and been put on AP waiting for a decision
and 2. Someone who still hasn't heard back from KCC regarding status of docs, hasn't attended an interview and missed the 9/30 deadline.
You keep mentioning those in scenario 1 who will benefit from a DECISION made after 9/30.
Most of us are, however, in group 2, at a complete standstill, with no signs of change until embassies re-open.
Simply put - can INTERVIEWS (not DECISIONS on already interviewed cases) be held after Sept. 30th? Can KCC process our case after Sept. 30th?
You seem to ignore for some reason the main hurdle at this time - the closure of embassies and the ZERO interviews policy which might go on until the end of the fiscal year and beyond that. You also seem to ignore the fact that we're not in group 1 who cleared all steps and just wait for a decision. No, we're still waiting for KCC to process our documents, send a 2NL, take the physical exam and attend an interview. This is not a matter of a day or two, it's a matter of months, and we don't have this time before the year ends.
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Airspray
Active Member
This.
SusieQQQ
Well-Known Member
Group 1 types also exist every year and do not get visas because they cannot be issued after fiscal year end.
Airspray
Active Member
I know, and he keeps mentioning that they will benefit from it, but I think most of the plaintiffs in this lawsuit belong to group 2 where they have not even had a chance at an interview.
Raul92
New Member
SusieQQQ
Well-Known Member
He’s *arguing* that they will benefit from it, not the same as “they will”. As britsimon already pointed out the only case supporting that is murky at best with no one having visas yet from that case 3 years later.
The instructions are very clear that visas need to be issued by FY end according to the law.
This is crazy
It’s parody account. People should check this stuff before posting it.This is crazy
WBA
Active Member
Covid cases are not increasing everywhere, In the country where I live the number of new cases id dropping a lot
There is an artical by CNN stating that embassies will open in different phases, I think they will open the embassies less impacted by the Covid in phase 1, then the rest in phase 2
WBA
Active Member
Why??
We already know that, nothing new