OK – many of you have been wondering about the lawsuits and I have a little news.
There is a lot of work being done on various legal cases, as well as political moves. It’s all quite complex, and honestly it will take time to play out. We need to remain patient to allow time for things to work through the system. Obviously the downside is that we don’t have much time remaining. So – forgetting political moves for the moment, let’s focus on the lawsuits.
There are three main lawsuits challenging various aspects of the ban, or seeking relief in various ways.
The first two are The AILA lawsuit (referred to as the Gomez v Trump case), the Kuck/Siskind case (Aker v Trump). Both of these are class action cases that look to block the ban on behalf of classes. So – if either of these cases are won, there will be wide ranging benefits even for people not named on the lawsuits.
Then there is the lawsuits by Curtis Morrison. He has actually started several suits with different named plaintiffs. These suits only seek benefit for those named in the suit.
All the above cases have been transferred to a single judge – Judge Mehta. This transferring of cases has caused an unfortunate delay. Lawyers have filed TRO motions in both the class action cases, the TRO seeks to block the ban temporarily while the court hearings proceed. As I have explained before, this in itself will be a relief, because it would allow some cases to be processed while the court process continues. However, it is increasingly unlikely that the TRO would provide relief in time for all cases. The most likely outcome would be that cases previously issued visas and cases that have cleared AP would be able to be resolved, along with cases previously scheduled at the embassies (where interviews were cancelled). There is very little time left to get new cases scheduled, even for those that received the “ready for scheduling” emails.
The judge has now set a hearing for this Friday. The hearing is public and you can listen in if you wish (only for people inside the USA), but I will of course summarize it after the call. The number, if you want to listen in is – 1(877) 848-7030, access code 321-8747. The time will be 10am Eastern time zone.
This is the same judge that heard the earlier case filed by Jim Hacking against the April version of the ban. The judge decided (correctly, in my opinion) that the plaintiffs failed to show actual harm being done by the ban, because the original version was arguable just a delay. However the latest ban clearly caused irreparable harm to various classes so I am hopeful that Judge Mehta will take a different view this time.
Judge Mehta (an Obama appointed judge) has a good track record and is not afraid of issuing TROs etc against the government where needed.
Note: Just a quick clarification. Curtis Morrison kindly reached out to me to clarify that the AILA is not “certified” as a class action suit yet (although that has been requested). And the Aker case is not technically a class action suit BUT could win outcomes that would benefit DV cases not named on the suit.
August 5, 2020 at 21:04
Looking forward for a positive outcome.
August 5, 2020 at 21:13
Fingers crossed. Thanks for the update Brit.
August 5, 2020 at 21:16
Look forward to hearing a good news.
August 5, 2020 at 21:18
Thanks so much for the update. I call upon everyone to stand in prayer. Let the lion of judah, comforter of the uplifted fight the war
August 5, 2020 at 21:43
August 5, 2020 at 21:32
Are embassies open?
August 5, 2020 at 22:13
August 5, 2020 at 21:46
Thanks for the update Brit. We hope for great news to come and relief the stress some of us have been through for almost a year now. Jesus Christ be the help of the helpless.
August 5, 2020 at 21:55
Thanks so much Brit . You are great!
August 5, 2020 at 22:06
Does it mean that the court could issue a TRO in friday?
August 5, 2020 at 22:18
That is possible, but “possible” does not mean certain.
August 5, 2020 at 22:33
Much praises and thanks to the Almighty Allaah, the one who inspired the people to come together and see people’s opportunities aren’t lost or seized.
Brit, thanks so much for your relentless efforts.
We pray and ask the Almighty Allaah, the creator of creation to make all of us succeed in the struggle and reach the USA peacefully, amen ya Allaahu.
August 5, 2020 at 22:34
Please can you tell me when the judge will be decision about dvlottery 2020?
August 5, 2020 at 22:40
Hello Brit, do you know the hour of the meeting? I want to be a listener this Friday
August 5, 2020 at 22:56
August 5, 2020 at 23:13
Thanks fr news Brit.. Hope all will go well.
August 5, 2020 at 23:40
Hi Brit, thank you for this update. Really appreciate the information. Do you know what time on Friday can we join to a call?
August 5, 2020 at 23:53
August 6, 2020 at 01:42
Thank you so much much Mr B Simon
I hope that everything will be Alright
And God’s plan never Fail if he decided no body can cut his plan
God bless you All.
August 6, 2020 at 03:02
Thank you so much Brit
August 6, 2020 at 03:32
Brit I have only Little hope that because of certainly time so!
August 6, 2020 at 03:46
Thanks so much for the update!
August 6, 2020 at 04:08
I got confirmation mail and was waiting 2nl and still is there any chance not to schedule my case ? My case number is 26***
August 6, 2020 at 19:08
Yes there is a chance you won’t be scheduled. There are lots of things that could go wrong – all you can do is wait and see.
August 6, 2020 at 04:23
Good morning Sir ,
1- Does the judge decide who will benefit from the TRO in DV2020 if it will be issued or as you mentioned because of lack of time only the case were scheduled for interviews and canceled will have the chance ?
2- In case also and hope that TRO will be issued on friday , does DV2021 will benefit from this decision in a way during this TRO the interviews will restart from oct 2020?
August 6, 2020 at 04:55
Thanks for the update,may Lord intervene and give achance to all.
August 6, 2020 at 19:09
1. I cannot predict the actual outcomes.
2. Again – that remains to be seen.
August 6, 2020 at 04:38
Thanks Brit for the update. Looking forward for the outcome. We really appreciate your work.
August 6, 2020 at 06:48
God bless you Mr brit
August 6, 2020 at 07:30
I’m dv 2020 winner,if lawsuit win what will happen to the embassy reopen
August 6, 2020 at 16:39
Hi shewit, r u from ethiopia?
August 6, 2020 at 17:12
August 6, 2020 at 19:18
The lawsuit does not force an embassy to reopen.
August 6, 2020 at 09:44
1) I assume the chance on an interview for people with the “ready for scheduling” e-mail depends on the capacity of the embassy, people at AP and the amount of rescheduled cases at that specific embassy? I know the netherlands has very few selectees and the embassy has been open for the past few weeks.
2) If the lawsuits are successful would people on curtis’ case benefit the most from this given the remaining time?
August 6, 2020 at 19:20
1. Kind of. It’s also “systemic” – meaning the capacity in the embassy is not the only consideration.
2. Yes that is possible.
I’ll paste what I explained this am.
As I have explained i my blog and videos, there will be some people helped by a TRO, but not everyone can be helped. To explain, there are people in several groups, and although I have detailed this in my previous video, I want to explain it here.
1. People that already had their visas but were unable to travel and the visas expired.
2. People that had interviews, were on AP, but that AP has been cleared now and they would normally have been issued by now except for the ban.
3. People that had interviews scheduled but the interviews were cancelled because of the pandemic closures.
4. People that received the ready for scheduling email but were not scheduled yet.
5. All others (i.e. people who had submitted DS260s and documents but had not got the ready for scheduling email).
Groups 1, 2 and 3 would probably benefit from a TRO that blocked the ban. There is nothing needed from KCC for those cases apart from allocation of visas which they (KCC) certainly could do. Of course, that does require the individual embassy to be open and to do their job.
Group 4 is looking more and more at risk as each day passes. Interviews for September would normally have been scheduled by the end of July, and whilst we have see the occasional August scheduling for individual cases, doing that in volume will be a tough thing to pull off. Remember also that the TRO would also mean that KCC would be expected to schedule DV2021 cases for October also – and that is what they would normally be doing in August. So – we might be too late to save many of this group, and there might be more cases in this status than could be seen in 1 month anyway.
Group 5 is pretty much completely at risk, probably hopeless, even if we get the TRO on Friday. There are many cases in this group and KCC have switched focus to 2021 processing. Also – this group is “behind” group 4 which in itself is also at risk – so if they try and do something, I think they will focus their effort where it can help.
Now there will be some people in each of the above groups as plaintiffs in Curtis Morrison’s lawsuit. If a TRO is achieved on Friday or next week, that could be very significant and helpful for that lawsuit. The lawsuit is designed to force the government to take action, and whilst I still do not believe an extension past September 30th will happen, I do think the government could prioritize work for some cases – just to avoid the consequences of the judge ordering them to do something which is not possible (stalemate).
Obviously this is all my perspective. You are free to disagree. None of us can be certain what will happen – as always, wait and see is the best idea. But this might give you an understanding of where we are at.
August 6, 2020 at 09:54
If there is a TRO obtained tomorrow (or later), what does it mean for DV2021?
Can interview start as usual in October (if embassies are ready to open)?
August 6, 2020 at 19:21
Technically, yes. Will that happen? I don’t know.
August 6, 2020 at 10:36
hi brit, does the AILA not being certified as class section affect the winning chance of AILA and its benefit
August 6, 2020 at 19:21
August 6, 2020 at 11:47
Thanks to God and to you for the great job.
August 6, 2020 at 12:14
Thank you Mr. Bit for great work, we pray ? for good report tomorrow.
August 6, 2020 at 12:47
Even if the ban is blocked, I personally think WE dont have time anymore. Plus embassies are not operating and proceeding immigration visas. I think we the winners should have done more, pressured more. I think we/i should just forget this, since even Simon sounds not very optimistic on this post. We just should have done more because we didnt cause the pandemics, we didnt cause some economic problem, but they delayed 7 months of DV2020 proceeding, they should have continued after 30 Sep for 7 months for us. Law doesnt say it can be continued, but it also DOESNT say in any case that it CANT be continued. we didnt even try, no protests nothing. i feel so much damaged unlucky.:(
August 6, 2020 at 19:23
Protests? Huh? Where? How?
August 7, 2020 at 04:52
I m a DV2021 winner and I am optimistic but if things get worst( in case Trump will reelect and maintain ban) I would not be so sad because USA is not the only better place to live. So brother…don t be discouraged ..try with another country…Canada for example..a better place …better than USA.
August 6, 2020 at 12:55
If the judge will accept TRO , have I a possibility to receive My 2NL , that I am waiting since last April? Or not? I am from Italy and before me there are 11 interviews appointments to reschedule!
August 6, 2020 at 19:23
All you can do is wait and see.
August 6, 2020 at 13:29
Thank you Mr.Brit for the great work .May God bless you and your family.
August 6, 2020 at 13:37
is that true Aila ask to stop the ban permanently till the supreme court have a final decision ?
August 6, 2020 at 19:23
I don’t know what you are trying to ask. Please be clear.
August 6, 2020 at 14:40
Dear Brit ,TRO helpful for medical hold case also? My medical was done at 20th Jan. 2020 , but IOM Nepal told I need to give sputum culture for TB test. Sputum culture report was came out at 20th March 2020 with negative result. IOM was told me that your report is cleared with three months validity that already expired. Today I have again visited the IOM Nepal for inquiry the re-medical process. But they told me you need to give sputum culture again as per cdc guideline and it takes 2 months for report. I have gonne through cdc web site. But I don’t find the re-medical process. I am so confusing and hopeless. Could you suggest me the correct way ?
August 6, 2020 at 19:25
I don’t know the specifics of the process you must follow.
August 6, 2020 at 14:54
Thank you for the News, BritSimon. I was wondering, if the judge will order a TRO, is it possible that only those would benefit of it, who are named in the filed case? As you mentioned: “…AILA is not “certified” as a class action suit yet….” and “…Aker case is not technically a class action suit…” We have tried to share our case when AILA was collecting case examples, but the system did not accept more applicants by that time. Thank you for your answer in advance?
August 6, 2020 at 19:26
Ignore the certified thing – it’s a technical point. Then re-read what I said – because I already answered the question.
August 6, 2020 at 15:28
Thank you so much for the update, Simon. Yes, let us hope and pray for a positive result and ruling. If indeed they turn out to be favourable, I will promptly contact the US Consulate General here in Hong Kong with my info and case number, then take it from there. TBH, I have been so busy with daily responsibilities that I haven’t properly prepared for any potential interviews, though I have my vaccination records kept and ready.
August 6, 2020 at 15:55
Thank you brit for the support.
Today the embassy contact me and they told me that they will send me the passport with no visa printed
My interview was in 13 march (visa approved by the officer ) .
When i asked her for the raison of the ban she didnt told me . I cant belive this now 🙁
What do you think is it over or we still have hope if the lawsuit win (dv2020)
August 6, 2020 at 16:01
Hi Timi, which embassy is this ?
August 6, 2020 at 16:51
Casablanca , Morocco.
August 6, 2020 at 19:26
If the lawsuit is won you have a chance.
August 6, 2020 at 15:59
Thanks Britsimon for the update, we hope for the best tomorrow.
August 6, 2020 at 16:23
You have said “Note: Just a quick clarification. Curtis Morrison kindly reached out to me to clarify that the AILA is not “certified” as a class action suit yet (although that has been requested). And the Aker case is not technically a class action suit BUT could win outcomes that would benefit DV cases not named on the suit.”
What does it really mean. does AILA case is not a class action case?. even it will win, will only name cases be benefited ?
August 6, 2020 at 19:27
Please re-read what I wrote.
August 6, 2020 at 19:23
good evening mr brit thankyou very much for all the information, please tell me when will we know the final verdict? tomorrow? or should we still wait? thank you
August 6, 2020 at 19:28
:Final” that could be some time – but wait and see.
August 6, 2020 at 19:37
in Greg Siskinds tweet he said that tomorrows hearing ” is going to be focused on scheduling”. does this mean that another hearing will likely be scheduled tomorrow for the TRO hearing ?
you also said “This transferring of cases has caused an unfortunate delay” could you elaborate more on how it causes delay ?
also are all 4 cases being consolidated ? will they have one hearing for all 4 cases or seperate hearing just with the same judge ?
August 6, 2020 at 19:47
I don’t know what will happen tomorrow.
The delay has been caused. Past tense. We are having the first hearing later than hoped.
The combining is explained above.
August 6, 2020 at 19:38
Hi, is there any other way we could listen to the hearing for those of us who aren’t in the US?
Like a live video or a live recording…
August 6, 2020 at 19:48
I don’t know of any other method.
August 6, 2020 at 19:48
Oh my goodness, I am hoping of a miracle. GOD BE WITH US. The judge can’t let us down. Even though I haven’t received the confirmation of my documents I am still looking forward to the outcome.
August 6, 2020 at 21:35
Hi to you at Mr BRIT
I was selected but I have already submitted the DS 260 without getting married and after reflection I decided to get married before my departure. Will I be able to unblock the BM to mention that I got married? Ps:AF48***
THINK FOR ALL
August 6, 2020 at 22:20
Yes – instructions in the FAQ.
August 7, 2020 at 02:08
The consultant from my country made a mistake on the place of birth of my passport, it was after being selected that I realized. Can I request a correction and submit it to my ds260?
August 7, 2020 at 03:19
If the mistake is simply a different city in the same country, no problem, just enter it correctly in the DS260.
August 7, 2020 at 09:48
Damn, I didn’t get to know you quickly to ask you the question. I already requested a correction and even got it. But the passport number has changed.
August 7, 2020 at 14:15
Hi, the court hearing has started. I joined to listen. Though the sound is not very clear, I hardly understand what’s going on. Let’s pray for kind results.
Dear Brit, I hope you soon explain to us about this hearing.
August 7, 2020 at 14:25
Hi Brit .. any updates.. are you listening
August 7, 2020 at 15:22
Brit, can you update us please about the court hearing? I was listening but couldn’t catch much. The sound was terrible. So they mentioned something about 2 weeks? What about the September 30th deadline?
August 7, 2020 at 18:46
August 9, 2020 at 00:04
It is very hard, but let’s be realistic and clear. Game is over for DV2020
August 12, 2020 at 09:30
I was lucky enough this year and selected for DV 2021 further processing, but my country (Burma) was banned among six other countries such as Eritrea, Kyrgyzstan, Sudan, Tanzania and Nigeria 🙁 .
I’m not sure if I can still hope 🙁
August 12, 2020 at 23:48
You should hope that Biden wins the election. If he does you may get a chance next year.
August 13, 2020 at 03:51
I hope so, Brit ? thanks