Britsimon
Super Moderator
Great questions. I hope it's ok if I answer them here. First, an attorney cannot personally compel government agency actions. We can, through filing litigation, influence government agency's actions (and in fact, often the outcome in a mandamus case is that the State Department takes actions just to moot the lawsuit). Only a federal judge can compel an agency to take actions from outside the agency- and that's why mandamus litigation might be a good option for 2020 Dv lottery winners.
Second, you said "what about the embassy closure?" That's a great question. I would like to point out that embassies may not be operating routinely since March 20, but that does not mean they cannot issue immigrant visas. In fact, the State Department's own statistics show that US embassies in Ankara, Baghdad, Cairo, Georgetown, Johannesburg, Kathmandu, Kyiv, Phnom Penh, Singapore, Sydney, Tbilisi, and Tokyo all issued Diversity Visas in April. A total of 67 Diversity Visas were issued in April (32 were winners, and 35 were derivatives). In nine days we will find out how many were issued in May, and I expect it was even more. Therefore, if the government wants to argue to the court that they cannot issue Diversity visas right now, they are going to have to explain how that can be true when they are already issuing Diversity visas. I think they have a good chance of losing that argument.
Finally, you are absolutely right that there are other factors going on besides the [PP 10014] ban, and in fact, we have yet to see what they all are (since we do not know if that ban will expire, be extended, or replaced with something broader). Our complaint will address the most substantive arbitrary decisions that are responsible for the unreasonable delays, and we will have a better view of what those challenges are by the end of the month.
Hi Curtis, I'm glad you joined here to make your points for yourself. Just going through your answers now.
I will point out if you haven't already that I imagine you are not going to answer every point here because you will want to keep some strategies/arguments quiet for now - so if we raise questions you decide not to answer, that will be understandable.
Regarding the visas issued in April. That wasn't a surprise. Cases in AP from previous months were issued in April prior to the ban being implemented. We know that embassies were not fully closed, so there is nothing mysterious about that. On the other hand if they issue visas in May, that would be more surprising and difficult to explain considering that the embassies would have had to draw visa numbers from KCC, who should have been implementing the ban at that point. My point being you only have a point to make if there are visas issued in May - so as you say - we will see in a few days time.