BREAKING: DC Circuit just sent the Gomez Appeal back to the district court to determine whether "interim relief" is due and whether Government intends to "enforce" PP10014. #noban
The order specifically references the R28j letters which were regarding the expiring/expired #DV2020 visas. Govt argued that nothing was done after judge Mehta invited parties in Gomez to address the issue. Now District Court is sending it to the court to decide the issue.
Obviously, appeals court was not interested to decide on its own and the fact that is asking the district court to find out if government intends to "enforce" the proclamation may be the strongest nudge of the Admin to come in and save face by saying that they will not enforce
... PP10014 against #DV2020VisaHolders. But it also may be indicative that they were not inclined to declare the Proclamations unlawful. Who knows.
We have placed the issue before judge Mehta already and hrg is scheduled for 2-26-2021. Will see what effect this order will have on our briefing and hearing.
All and all! A good development for #DV2020 visa holders.
UPDATE: Judge Mehta has set a status conference in the Gomez cases tomorrow. I have a hearing but if I finish early I will dial in and live tweet. #NoBan
Will also cover this order and our case in the LOLRG "Anything Immigration Q&A" on INSTAGRAM LIVE | tomorrow 2-10-2021 at 10:00 AM (PST) | link to join is purple bubble w date time on the pic create.piktochart.com/output/5183331…
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Ooof. 1st Cir finds that in civil action, "warrantless electronic device searches are essential to the border search exception's purpose of ensuring that the exec branch can adequately protect the border" and no prb cause needed to search ED at border ... media.ca1.uscourts.gov/pdf.opinions/2…
Although after Riley, crim cases have gone this direction, this was a civil w USC & LPR plaintiffs and covered "basic" & "advanced" searches under the CBP search guidances.
But in this one, the 1st held that "Basic" CBP searches of ED may be performed without reasonable suspicion. Conclusion using the ol' "routine"/"non-routine" search distinction. THIS IS REALLY BAD!
OMG! President Biden has now TERMINATED the national emergency decl on the southern border, clearing the way for the repeal of CDC Title 42 expulsion order.
Whoooo. 1st "blanket" NIE for the EU COVID-19 entry bans: "those applicants who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for a national interest exception to travel." travel.state.gov/content/travel…
This could be encouraging, #noban tweeps!!! All that @TravelGov need to do is POST one of these bloody notices and #DV2020VisaHolders with valid visas will have their dreams turn to reality!
Let's do this, DOS!
First time I have seen F/M being able to be scheduled in most European consulates. Major improvement on some of the exempted NIVs also. #NoBan
MPI report: “Just over 250,000 immigrant visas were granted abroad in FY 2020, compared to 459,000 in FY 2019 (notably similar to the 463,000 granted a decade earlier, in FY 2009).”
We have the #s: immigrant visa issuance abroad declined 35% between February and March 2020, and 94 percent between March and April, when U.S. consulates closed because of the pandemic.
The report conclusion is puzzling to say the least: “Trump's tenure underscores the limitations of affecting legal immigration levels through executive actions—even when undertaken by the most activist administration on immigration in the modern era.”