Some of you may have listened to the Gomez appeal today. It was quite interesting, but we don’t have a decision yet. However, I wanted to explain what I heard, and give some context for those that were wondering.
First – the Gomez case is the DV2020 case which is a certified class action covering ALL DV2020 cases not already issued. This case is the name of the lead case, but also represents the consolidated cases (Aker, Kennedy and so on).
You may remember that the Gomez case sought to fight for several immigrant and non immigrant visa types. It sought to block PP10014 in order to provide relief for a number of different visa types. However, Judge Mehta only gave a “win” in DV2020 cases, where he ordered visas to be processed in late September and then certified the class, AND reserved 9095 visas to allow a later decision. We are waiting on that later decision, and expect to get that in mid/late March.
In the ruling, Judge Mehta accepted there was harm being caused to the DV2020 cases, AND agreed that the Presidents’ ability to stop entry should NOT mean the government stops processing. Because of that decision, we got around 6000 visas processed in late September, with the hope to get the 9095 at a later date.
OK – so that is the context. You may have realized that the Gomez lawyers (the team from AILA, Innovation law lab et al) appealed the Judge’s ruling that the ban itself was within the powers of the President. It was that appeal that was held today with the DC appeal court (made up of three judges).
The recording itself is available here.
At stake is whether the ban in PP10014 was lawful or not. If the ban could be removed it would be good news for DV2020 cases holding a visa. But we would still need the Gomez case to continue to see if we can get the remaining 9095 visas issued (or argue for more). There could also be some positive aspects for DV2021 as it would remove the ban which is one factor stopping interviews right now.
The plaintiffs lawyer, Cleland Welton (our side) argued extremely well in my opinion. He was attacking the Presidents’ decision to bar entry based around the lack of logic and process in the decision that holding immigrants out would help the jobs market in a mid COVID crisis. He showed that the President should be required to “find” (by evidence, facts, logical reasoning) that keepoing immigrants out would avoid competition. In reality he correctly poin ted out that immigrants have been shown to drive the economy. So yes, a new immigrant needs to find a job, but they also need to look after their families, driving consumption of other goods and services. Those extra residents drive additional demand. He is absolutely correct. The judges asked some searching questions, but seemed to understand the arguments being put forward. They did keep referring to the earlier Hawaii decision which affirmed the President has wide reaching powers, that the government would argue cannot be questioned.
The Judges also pressed the government lawyer, Matthew Glover. He also did well, but the Judges were clearly concerned about aspects of the governments position. Essentially they pointed out that the administration could have done a better job in writing the PP, and thus avoided the challenges. But of course, as I mentioned on my recent videos the Trump administration has not shown skill in the crafting of their executive actions which is one reason why our lawyers are able to win. Glover was put through a ringer for about 20 minutes, it was almost painful to listen to, I’m sure he left the call pretty bruised.
The Judges reached no decision today, and are now considering the arguments put forward by both sides. It is by no means an easy win in this case. The power of the President to act over certain things is wide reaching, that is for sure, but still, things have to be done for legitimate reason and in the correct ways. So – I will not predict the outcome. However I will report back once the decision is made.
January 27, 2021 at 14:47
Hi Simon,
Hope you are doing well. I just have a quick question regarding the ACRO police certificates.
My case has quite a low number 2021EU4** and therefore I sent out all the required documents in the summer of last year. As I reside in the UK, I ordered my ACRO in July 2020 and at that point I had my old passport and on the actual police certificate it does state my old passport number.
Since then, I have managed to travel to my home country and now have a new passport. I have informed KCC and have provided copies of the new and old passports and they were happy with everything. I am aware that the UK police certificates can be used up to 12 months following their issuance but I was wondering whether it might be better to order a new one so that it matches my current passport number. Just wanted to know what your thoughts are on that?
Regards
January 27, 2021 at 15:10
Applying for a new one would have been quicker than asking this question.You can decide.
January 21, 2021 at 12:37
Hello Brit,
I want to know what is happen with the Gomez appeal? The judge said something new?
January 21, 2021 at 13:23
No news.
January 19, 2021 at 05:40
This was posted on Biden-Harris official page, among the other positive, encouraging and optimistic announcements… ”Restore and defend the naturalization process for green card holders. A Biden Administration will streamline and improve the naturalization process to make it more accessible to qualified green card holders. The Trump Administration has made it far too difficult for qualifying green card holders to obtain citizenship. Quite simply, this is wrong. Biden will restore faith in the citizenship process by removing roadblocks to naturalization and obtaining the right to vote, addressing the application backlog by prioritizing the adjudication workstream and ensuring applications are processed quickly, and rejecting the imposition of unreasonable fees…” No time frame noted for this, but it’s just so good to see a light finally, after 4 years of darkness.
January 19, 2021 at 20:23
Yes that is good.
January 19, 2021 at 00:13
President Trump lifted the shengen ban
January 19, 2021 at 01:21
Where did you read that?
January 19, 2021 at 01:22
Never mind , just saw it!
January 17, 2021 at 18:18
Hello sir .
Is the extension possible for dv 2020 visa holders even if we are out of the fiscal year if the judge order this.
My visa was issued in september .
January 17, 2021 at 21:11
We are looking in to that currently.
January 17, 2021 at 03:41
Hello Brit!
If the ban will be blocked, would be considered the 4 and 5 group of DV 2020 ?
Thank you in advance!
January 17, 2021 at 15:21
Removing the ban would help other cases, but non issued DV2020 cases would still need to wait for the Gomez case.
January 16, 2021 at 19:15
Dear Brit, I watch your Q/A videos all the time and most of the questions are about the lawsuits.
Please make a post or video about all the lawsuits that are currently processing or going to with the financial details and their names… because i cannot find any detail about the lawsuits on the lawyer websites or twitter if it has no hassle for you.
Thank you very much.
January 16, 2021 at 17:15
Hello Britsimon!
Someone has predicted today that the visa bulletin of this month for african region may increase till to 31K like this. May he be right?
January 16, 2021 at 18:19
You may as well pick any number you like up to 88k – you would be just as likely to be right as whoever predicted that.
January 16, 2021 at 04:47
Hello mr thanks 4 your consern do u think if the apeal lift the pp 10014 the visa holders will be allowed to enter
January 16, 2021 at 05:21
Of course.
January 15, 2021 at 20:45
I’m understand everything about 2020 cases, but this is 2020 cases, what about 2021 green card viners and there’s cases? My number not a high just 3*** from EU, but interviers not sceduled. Maybe we need contact go lowers snd jujds?
January 16, 2021 at 00:34
This appeal would (if won) would block the ban for everyone including DV2021. So – be patient.
January 15, 2021 at 20:16
hey brit, thank you for the recap. I was able to get my visa in September I am a plaintiff in the fondjong and am a DV 2020. My visa expires March 10th. my question is when the judges give their verdict in a few days will it be about lifting the ban pp10014 because I am worried that the Gomez final hearing in March will be too late for me since I am in France and need to do the 14 days quarantine before entering the US.
January 16, 2021 at 00:34
The final Gomez hearing won’t offer much help.
Your main opportunities are:
The appeal process that could remove the ban.
A scheduled meeting that the Gomez/Aker lawyers have set with Judge Mehta to ask for visas to be reissued.
The possibility that Biden removes the ban
January 16, 2021 at 03:43
And the decision on the appeal would be issued most likely somewhere around 20th of January, right?
January 16, 2021 at 03:45
They haven’t set a date, but that sounds about right.
January 15, 2021 at 12:59
Thanks a kot! As we can not do forcast it looks like for 2021 only Biden is the high probability hope to remive the ban and start the proces
January 15, 2021 at 10:45
Thank you for the update. Also, DV aside, this is an interesting read!
January 15, 2021 at 08:22
In my opinion, the judges were more readily sympathetic towards H1B and H2B visas being exempted from the PP than for example new immigrants, hence their constant reference to the Hawaii case.
In the hearing, the judges on several occasions pointed out that the issuance of H visas were subject to Job certification and therefore pandemic has no adverse effect on the jobs of such visas.
However, in the case of DV visas/immigrants in general, don’t you think the PP possibly got it right as new immigrants may actually cause competition in an already saddled economy ?
January 15, 2021 at 17:40
I agree about the Judges perspective, and I would have liked Welton to have argued the economic impact of the immigrants a little harder (since they do not have the DOL labor certification that the Judges referred to).
The reality is that immigrants don’t immediately compete at the same level. They tend to step backwards in their careers and have to work harder to start with, possibly having one or two jobs. But they eat as much as anyone else. They need clothes. They need a place to live and a car and so on. In other words they are more consumers in a country driven by consumption. Immigrants work hard, and add at least as much into the economy as they take. That is what Welton referred to. One of the Judges made a more simplistic argument, but the reality really is that immigration is good for a country that has the resources to support growth – which is clearly the case in America.
January 15, 2021 at 07:48
Thank you very much for the informations. Have a good day.
January 15, 2021 at 07:35
So when will be next hearing?
January 15, 2021 at 17:33
The final hearing on Gomez is set for March. The appeal results should come back in a few days.
January 15, 2021 at 19:15
The appeal of the PP10014?
January 16, 2021 at 00:31
Correct.
January 15, 2021 at 07:17
Merci beaucoup et union de prières le bout du tunnel est proche
January 15, 2021 at 07:09
Dear Brit,
Thanks for your unflinching support and guidance on dv issues. My condolences on the demise of your mum. May the Lord grant the repose of her soul eternal rest.
I’m a selectee with 2021AF51XXX.
My thought is given the earlier ruling of Judge Mehta in accepting there was harm being caused to the DV2020 cases, AND agreeing that the Presidents’ ability to stop entry should NOT mean the government stops processing, shouldn’t that Court decision be sufficient to sustain the processing of DV2021? What do you think sir?
Kind regards
January 15, 2021 at 17:33
Thank you.
We could achieve a similar ruling for DV2021, I am certain. The Annunciato case is about doing just that – however, the DV2020 case had the additional advantage that the time window was very short. Another lawyer (Jim Hacking) attacked the ban for DV2020 earlier than the Gomez case, but the Judge in that case denied his arguments because the harm was not immediately happening. That is sort of where we are at the moment, so it is harder to make the case of harm for DV2021 at this precise time, but of course that is changing day by day as we lose more time. And of course Biden is going to be President next week, so things might change.
January 15, 2021 at 07:02
Thank you Brit! your words are fool of hope and positive energy as usual!
January 15, 2021 at 17:29
Am I a “fool of hope” or FULL of hope? 🙂
January 16, 2021 at 20:23
Lol. How did i miss this one. English is a problem. Brit people are really decapitating your home language. You really have to sue them next time. LOL
January 15, 2021 at 06:08
Good morning Sir
do we expect a final decision from the judges or the lawsuit does not finish?
Thank you Sir
January 15, 2021 at 08:34
Thanks so much for the recap Brit. Wish to ask when the next hearing is scheduled to take place.
Also, what advice can you give to someone who already paid flight for the 21st of this month?
January 15, 2021 at 17:42
The appeal will be decided in a few days time – they did not set a date. The final Gomez hearing is already set for March.
The 21st is too soon. That flight will probably need to be changed.
January 15, 2021 at 17:28
Not finished yet.
January 15, 2021 at 06:03
Hi Mr Brits, what shld we expect when Biden take over. Will the Trump gov’t continue to fight these cases court?
January 15, 2021 at 17:28
Yes, but perhaps with less vigor.
January 15, 2021 at 05:39
Hi Brit ! reg. 2021 DV selectees…so, KCC is waiting the PP 10014 ban to be removed to start processing, but isn’t it obvious that KCC could still do their work i.e. scheduling interviews, sending emails and requiring documents etc…the ban and the COVID are not arguments not to do so, since that work is to be done electronically / remotely.
January 15, 2021 at 17:27
Agreed, BUT embassies are generally closed so they are not accepting scheduling of appointments.
January 19, 2021 at 05:36
This was posted on Biden-Harris official page, among the other positive, encouraging and optimistic announcements….” Restore and defend the naturalization process for green card holders. A Biden Administration will streamline and improve the naturalization process to make it more accessible to qualified green card holders. The Trump Administration has made it far too difficult for qualifying green card holders to obtain citizenship. Quite simply, this is wrong. Biden will restore faith in the citizenship process by removing roadblocks to naturalization and obtaining the right to vote, addressing the application backlog by prioritizing the adjudication workstream and ensuring applications are processed quickly, and rejecting the imposition of unreasonable fees…”
January 15, 2021 at 05:38
Thanks ?
January 15, 2021 at 04:58
Thanks for the recap Brit. Did they give any indication as to when they will have a decision?
Kind regards
January 15, 2021 at 17:26
No – I would guess a few days, but that is only on the appeal. The rest of the case will be decided in March.