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Result of the court hearing 12th July 2010

No decision yet, even though Amin's affidavit was pronounced inaccurate. That is exactly what I was saying - White could probably prove Amin's affidavit is inaccurate, but that would not change anything. Plaintiffs would still lose.
DOS has to amend it's declaration by tomorrow
 
From Iran, there is no reliable news channel for such a news here and also most of the states news websites are banned! so please refresh the topic as soon as there would be any sign from the court results, I need to more positive energy!!

this is from Egor " The hearing is over. No decision yet. Amin’s declaration was proven to be inaccurate, the amended declaration is due tomorrow morning. We have little to no time to adequately reply."
 
Those are my comments from July 8th and 9th.

http://forums.immigration.com/showt...te-this-week&p=2316088&highlight=#post2316088

If Amin's affidavit is questioned in something, it could be questioned in anything else too. But I cannot realize what it could give to plaintiffs. Even if it is not true that random algorithm was applied at all, it is clear that what was done was not random.
However, it is not so obvious that other years everything was 100% random. Anyway, I do not see a point for plaintiffs even if Amin is lying or does not know what he is writing about.

http://forums.immigration.com/showt...te-this-week&p=2316364&highlight=#post2316364

He wants to prove Kirit Amin's affidavite is not accurate. That is always good to get them like that.
 
Egor says:
July 12, 2011 at 3:40 pm

"The hearing is over. No decision yet. Amin’s declaration was proven to be inaccurate, the amended declaration is due tomorrow morning. We have little to no time to adequately reply".
 
Egor says:
July 12, 2011 at 3:40 pm

"The hearing is over. No decision yet. Amin’s declaration was proven to be inaccurate, the amended declaration is due tomorrow morning. We have little to no time to adequately reply".
what will the amended declaration will include?
 
We have little to no time to adequately reply
My guess is court might give an injunction for several days because the final decision was delayed on this specific reason - DOS provided the court with inaccurate information. That means 3 or 4 days delay until DOS finally publishes it's results from scratch. I still believe White has no case, but DOS could be penalized for several days for discrepancies in it's declaration.
 
My guess is court might give an injunction for several days because the final decision was delayed on this specific reason - DOS provided the court with inaccurate information. That means 3 or 4 days delay until DOS finally publishes it's results from scratch. I still believe White has no case, but DOS could be penalized for several days for discrepancies in it's declaration.

What specifically made Amin's declaration inaccurate? his explanation about 'non-randomness'?
 
What specifically made Amin's declaration inaccurate? his explanation about 'non-randomness'?
First, I was not present at the hearing.
So, my answer is based on common sense, not on actual data from the court.
Not at all. Only discrepancies in
7. The programmer who wrote the program, however, made an error that essentially rendered the program ineffective. Instead of instructing the computer to renumber the petitions from entry date order to random order as required by 22 CFR § 42.33(c), the computer program simply selected entries in the existing order which was the order in which they entered plus two percent of applicants reordered as part of resulting from database optimization. Thus, the computer program designed to make selection random failed entirely.
That description contradicts obvious facts
 
My guess is court might give an injunction for several days because the final decision was delayed on this specific reason - DOS provided the court with inaccurate information. That means 3 or 4 days delay until DOS finally publishes it's results from scratch. I still believe White has no case, but DOS could be penalized for several days for discrepancies in it's declaration.

Oh, so once the amended declaration is submitted tommorow, will the Judge need a few days to make the decision?
 
From PACER - Minute Entry for proceedings held before Judge Amy Berman Jackson: Motions Hearing held on 7/12/2011 re: [6] MOTION for Preliminary Injunction filed by Plaintiffs' ILYA SMIRNOV, ET AL., Heard and Taken Under Advisement. The Court granted Defendants' Leave to file a Supplemental Memorandum by 7/13/11.(Court Reporter Lisa Schwam) (jth)
 
In this case what will be happen after July 15? I mean if DOS announce 100.000 selctees in two days, what can court issue after that? Is it possible they postpone the results for a while?
 
My guess is court might give an injunction for several days because the final decision was delayed on this specific reason - DOS provided the court with inaccurate information. That means 3 or 4 days delay until DOS finally publishes it's results from scratch. I still believe White has no case, but DOS could be penalized for several days for discrepancies in it's declaration.

No court gives injunction for days. Either preliminary injunction or injunction itself. Preliminary injunction is given until the case is finally decided on merits. Injunction is given permanently after the case has been finally decided and the moving party for injunction won. TRO last for 10days but the plaintiffs did not ask for TRO; besides I don't think any court will grant TRO in this situation. But it all depends. Refer to ABA preliminary injunction and Temporry Restraining Order.

As to whether plaintiffs have a case or not the Jude will decide.
 
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so once the amended declaration is submitted tommorow, will the Judge need a few days to make the decision
No. White will need to have time to respond to new declaration. The judge would probably give an injunction for several days to give him that time.

That is from yesterday. I guess that is supplement to White's memorandum - a supplemental one
Order on Motion for Leave to File
MINUTE ORDER granting 10 Motion for Leave to File. The Clerk is directed to file plaintiffs' supplement to plaintiffs' reply to defendants' memorandum in opposition to plaintiffs' application for preliminary injunction. Signed by Judge Amy Berman Jackson on 7/11/11. (lcabj2, )
 
No court gives injunction for days. Either preliminary injunction or injunction itself. Preliminary injunction is given until the case is finally decided on merits. Injunction is given permanently after the case has been finally decided and the moving party for injunction won. TRO last for 10days but the plaintiffs did not ask for TRO and besides I don't think any court will grant TRO in this situation. Refer to ABA preliminary injunction and Temporry Restraining Order.

As to whether plaintiffs have a case or not the Jude will decide.
@kwame O, welcome back, we missed you with your ever informative posts!
 
No court gives injunction for days. Either preliminary injunction or injunction itself. Preliminary injunction is given until the case is finally decided on merits. Injunction is given permanently after the case has been finally decided and the moving party for injunction won. TRO last for 10days but the plaintiffs did not ask for TRO and besides I don't think any court will grant TRO in this situation. Refer to ABA preliminary injunction and Temporry Restraining Order.
10 days is too much for this type of inaccuracy. That could be a blow not only to DOS for what it did (submitted an inaccurate affidavit to the court), but to the DV-2012 program as well (the program could be delayed for 10 days because of that). If a court does not have an option to stop it for 2-4 days (that seems fair to me and still safe for the DV-2012 program), I do not think there will be any remedy at all.
 
No court gives injunction for days. Either preliminary injunction or injunction itself. Preliminary injunction is given until the case is finally decided on merits. Injunction is given permanently after the case has been finally decided and the moving party for injunction won. TRO last for 10days but the plaintiffs did not ask for TRO; besides I don't think any court will grant TRO in this situation. But it all depends. Refer to ABA preliminary injunction and Temporry Restraining Order.

As to whether plaintiffs have a case or not the Jude will decide.

Is is possible that a decision may not be reached by July 15th?
 
Sure, it is possible. Moreover, when White appeals after the final decision, the court of appeals will definitely not have a decision until July 15th.
 
Sure, it is possible. Moreover, when White appeals after the final decision, the court of appeals will definitely not have a decision until July 15th.

Thanks for your replies. Is is possible for Mr. White to appeal tommorow as well? If yes, the Judge may make the decision on Thursday.
 
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