curtisatlaw
New 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.
I understand your question now. We are suing the State Department for all the things that have caused delays. Both KCC and the embassies are part of the State Department, so we are asking the Judge to order the State Department to solve the problem that a State Department created. The government will argue, especially since I'm laying it out here in answer to your question, that a judge ordering KCC to process a case after Sept 30 would be a new question in law- as the settled question from the Almaqrami case was that a judge could order the visas set aside that were already at the embassy. We will argue this distinction does not matter. Important to remember that your question really only concerns mandamus positive outcome (4), as the chances for outcomes (1)-(3) improve regardless.
Also- so people do not need to look around for the 4 positive outcomes, here is the way I have most recently explained them in my telegram channel:
1) State Department issues all of participants' visas either to moot the case through dismissal, or
2) State Department issues some of the participants' visas to impress the judge (EXTREMELY LIKELY), or
3) Judge orders that visas be adjudicated prior to Sept 30. This happened in Mohamed v Pompeo last year in the Eastern District of California for some Yemeni 2019 DV lottery winners.
4) Judge orders that State Department put the visas aside in a box until they can finish administrative processing and interviews, even if it means getting to them after Sept. 30. This happened in the Almaqrami case in DC for 2017 DV winners (Yemeni and Iranian), and when the government appealed that decision, they lost. Interestingly- all the original plaintiffs in this case but one were issued a visa before Sept 22, 2017, when the ACLU attorneys added 8 additional plaintiffs, and that’s one reason why that case is still ongoing today.
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