yeah not illegal but kind of not being concsient of the danger... it cn be someone trying to steal your identity
Litigation update this week
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yeah not illegal but kind of not being concsient of the danger... it cn be someone trying to steal your identity
oh now i get it
Well his case was legalized by a court means there are nothing illegal in that =P
The court did not consider that question at all - there was no reason. Nobody questioned legality of that. What court considered was whether consulate violated the law by denying those entries without providing forensics. The decision was it did not violate any law and it did not have to accept or provide any forensics.
Lmao @ raevsky, ur reply is hella funny, can't stop laughing at the "Mr. White will consider those decisions on his behalf as a great success" Smh!
P.S: for those singing bye bye July 15, July 15 will surely happen by God's grace. Time is really not on the ex 22k winners side, and guess what DOS aint moved by u guys threats!
Arekee: You are absolutely right. I don't think we should allow this issue to create any antagonism among ourselves. With lawsuit breathing into the neck of the lottery, everything is possible. There have been cases where it was clear from the outset that a party was going to win but ended up losing. And there have also been cases where it was clear that a party was going to lose but ended up winning. You might have a good case but you must still make a persuasive argument to win. The bottom line is EVERYTHING is possible in a lawsuit. Even there have been cases where the U.S Supreme Court decision shocked the public because the public felt the party who won should have lost.
My earnest wish is for Dos and the 22,000 to solve this issue through ADR than to be fiercely engaged in a long lawsuit which might be full of appeals. I have already heard Republican Rep. Bob Goodlatte argue against the entire Diversity Via Program.http://www.thetakeaway.org/2011/jun/29/argument-against-diversity-visa-lottery/ He introduced a bill to abolish it about 2 or 3yrs ago and now the hullabaloo about the lottery error has renewed his call to abolish the program.
Some people might need the visa program more than others and vice versa. For others, it is their only means to make it in life, regardless what you may think of them. It has helped thousands if not millions of people.
Well, to d egotistical DV2012 22k, time will tell. Non-selectees should be entertaining themselves with their uproar & watch how its drama unfolds. It’s just a matter of time.
A law Court to give an injunction to stop a congressional mandated lottery in order to honour ill-fated few who possess UNDUE-advantage & cheated 14milliion entrants to emerge winners!!
Many ex-counterfeit winners will be disenchanted as July 15thbecomes realism!!
A law Court to give an injunction to stop a congressional mandated lottery in order to honour ill-fated few who possess UNDUE-advantage & cheated 14milliion entrants to emerge winners!!
Many ex-counterfeit winners will be disenchanted as July 15thbecomes realism!!
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Jayo2k i once also said it that the lawsuit against DOS of a thing is a 50-50% chances.But still believe in July 15 if u ask me?You re right that there re large numbers of DV entrants outthere who did not get CM DOS sent.Maybe due to incorrects emails or did not submit a qualified entry.Some re not even aware of Mr white's lawsuit Preliminary injunction and class certification against DOS.Who knows these people might even be the next random redrawer winners you never can tell?
Give visas to one side and money to the other? We have 2 sides here - those who initially one and had a chance to figure that out (22000) and the other 19,000,000 or so who did not win or did not have a chance to look at the results. Are you suggesting DOS negotiating with those 2 groups of people? Obviously, those 19,000,000 cannot get visas. What amount of monetary compensation will satisfy them?
Mainly we have 3 parties in the process. DOS (who cares mostly about fulfilling the law and a little bit about not paying too much money in reimbursement) and two groups of people (who do not care about the law at all, mostly interested in getting their visas, and might consider money instead).
So, 19,000,000 would probably agree on a new lottery or fair monetary compensation.
22,000 would agree on no-new-lottery-for-the-first-22000-rank-numbers or a significant monetary compensation
DOS's position is already clear. New lottery from scratch, no monetary compensation.
Any ideas for ADR?
Raevsky: interestingly you put a spin on every fact and law or legal issue, but unsurprisingly, some of your spins are misleading--don't be giving facial interpretations to the laws.
I am not in the position to tell how both parties should compromise or negotiate. I believe both parties know how and what to compromise and negotiate on to protect their interest.
Again, I keep saying that you can not use speculations, possibilities and scenarios to support any legal issue-- you need a primary or persuasive authority--but mostly cases. You have not cite a single case to support all your spins. You claim you can determine the case from a common-sense perspective--but the law is far from common-sense--thats why not all court rulings make sense to the ordinary person.
I do not have any idea about ADR because both parties know their interests,however, I do not rule it out. Over 80% civil cases if not 95% does not end up in court: over the recent years the American legal system is gravitating towards settlement before trial.
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This whole thing is White's attempt to boost his reputation /gain exposure/ among immigrants; many of whole will likely make attempts to immigrate to the US again.
He is an immigrations attorney; he needs that exposure and recognition.
Any outcome, even a failure is good for him. He can always put a spin on it. A few months from now he will have this on HIS resume/website: "Fought tirelessly on the side of 22K potential immigrants, who had their cases rescinded by the evil DOS. Plaintiffs were rewarded a monetary compensation for their encountered damages." Yes, DOS might very well be ordered to reimburse people for their postage fees. This is the only viable case at this point.
If this was really big and there was any potential for success you would see hundreds of immigration attorneys and thousands of plaintiffs come forward and sue DOS. Instead, you have few attorneys (only one in a major case) and 20 or so plaintiffs (most of them not even physically in the US) taking on DOS.
Until the judge comes up with a verdict, all this is speculation on both sides but I would not lose sleep over the entire issue. BTW the redraw has already taken place. July 15 or so is the date they plan to make it public.
At the end, everyone is attaching too much emotional baggage onto this discussion. Even the media coverage is emotionally charged with the actual law put on the back burner. If cases like this were decided on the bases of emotion and what is morally right; then the case would be with a merit BUT morality and emotion are at best secondary here.
All the best.
He is an immigrations attorney; he needs that exposure and recognition.
Any outcome, even a failure is good for him. He can always put a spin on it. A few months from now he will have this on HIS resume/website: "Fought tirelessly on the side of 22K potential immigrants, who had their cases rescinded by the evil DOS. Plaintiffs were rewarded a monetary compensation for their encountered damages." Yes, DOS might very well be ordered to reimburse people for their postage fees. This is the only viable case at this point.
If this was really big and there was any potential for success you would see hundreds of immigration attorneys and thousands of plaintiffs come forward and sue DOS. Instead, you have few attorneys (only one in a major case) and 20 or so plaintiffs (most of them not even physically in the US) taking on DOS.
Until the judge comes up with a verdict, all this is speculation on both sides but I would not lose sleep over the entire issue. BTW the redraw has already taken place. July 15 or so is the date they plan to make it public.
At the end, everyone is attaching too much emotional baggage onto this discussion. Even the media coverage is emotionally charged with the actual law put on the back burner. If cases like this were decided on the bases of emotion and what is morally right; then the case would be with a merit BUT morality and emotion are at best secondary here.
All the best.
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There are 3 parties here, not two. This makes ADR much harder.
Regarding the cases, right, I do not have tools for analysis, neither judicial education. As I said, I prerry much understand the tools, but do not have access to them at this point anyway.
However, some research could still be done without them, just by using google. It takes more time and is less accurate, but still possible. In 2000 I though no lawsuit would be a solution for the moscow case. Right, from google alone. Strange that it was clear to me but not to him.
I am pretty sure about this case. I am not saying it is always the case with me.
However, for instance, recent BIA decision that controlling age (where the applicant has to be below 21) for AOS from K-2 is by the date of admission, not by the date of adjustment, was very surprising for me just because I did not follow news on that particular topic
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Kudos Broda!!
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