A special hearing has been set for today at 4pm for the parties to review the report provided by the government regarding progress.
The time will be 4pm Eastern USA timezone.
If you want to listen in you can do so. Members of the public or media who wish to access the hearing may dial the court’s toll-free public access line: (877) 848-7030, access code 321-8747
Notes from the hearing – I will be listening in and adding notes as we go. Keep refreshing the page for updates. Times in my time zone – Pacific time.
1:05. All parties represented. Judge joined the call.
Judge says he has a chance to review the report. Now says “where do we go from here”.
Judge says that plaintiffs don’t find the numbers very satisfying – and will no doubt still want some relief.
James Wen (government) adding a note that USCIS have also awarded some 700 more (through AOS), but of course they were never blocked. Judge seeking clarification why USCIS were involved and asks if any of those were named plaintiffs. Wen guesses 1 case (plucked from the sky).
Judge asking for a guess of how many visas will be adjudicated by the end of the month. Wen responds it is a fluid situation, so no guess.
Judge asks Charles Kuck for input. CK immediately disputes the numbers provided by the government – taking plaintiff cases as a measurement of overall progress.
Judge talking through his interpretation of the governments report. Clarifying that each person is one of the 55000 visas – so a family of 4 is 4 from the 55000.
Judge trying to assess the effort in respect of the named plaintiffs.
Rafael Urena also adding his perspective that the governments report is confusing and inaccurate.
Judge telling the lawyers to talk to each other.
Wen says this was really hard.
Wen will be Kuckslapped in the next few seconds. It’s hard because they threw away 140+ days!
… and there it is. BAM.
Judge is explaining the rationale that he is considering for saying how many visas could be set aside if he were to extend the deadline. Kuck and Urena are describing the period of unlawful behavior as what they want as a timeline for additional relief. Judge wants some “real world” calculation to take into account the other factors that slowed down issuance.
Jesse Bless making the point that the class action should be considered, to avoid the extension ONLY going for named plaintiffs.
Judge mentions the June 15th date to make the point that March to June could be considered as lost for OTHER reasons.
Judge asking for input by Friday for additional relief and in particular how many visas should be set aside. It should be less than the 55,000.
Judge again encourages the lawyers to talk to each other. Sheesh. Tell the government that!
Judge is asking for additional briefing on Friday and sets hearing for 2pm hearing on Monday.
Judge raising two more issues:
Medicals – did they raise that with CDC?
Wen says he asked State/CDC and waffled an answer. I’m not sure he even asked.
Judge then turns to CM 3.0 checking filing status. Gov has not been served they say – making a technical point. Judge responds he doesn’t need their technical niceties to have happened to issue a TRO! LOL
Judge says he has questions about the appropriateness of relief on the CM 3.0 case – Judge wants to talk about that tomorrow he is setting a time at 4:30 tomorrow.
James Wen asks what is expected for the Friday brief – Judge clarifies it is for positions regarding “relief” (meaning extension).
Urena now raising the issue of people being denied under 212(f) because of the travel bans.
Now discussing a spreadsheet on how to handle the communication between parties to address on Friday.
Hearing draws to a close.