Thread by @NicoletteGlazer

Ok #NoBan and #DV2020VisaHolders tweeps, the status conference in the Gomez case is about to start in 5 min.

Just got in on the call so, unless I get booted out will live tweet>>>> 🧵

This status hrg was prompted by yesterday's DCC order, more on that here:

https://twitter.com/NicoletteGlazer/status/1359228724411994112

This is a "status" conference so do not expect a substantive decision BUT YOU NEVER KNOW.

***
silence on the line. We're waiting for another atty

Well, not waiting anymore. Judge just joined. Here WEEE go.

J: set this hrg to figure what is going on based on the unexpected remand order from yesterday. I looked at the letters that prompted it. Should I be expecting some request to amend the injunction?
W: All visas will expire by end of March. We have tried to work w govt to reach

... out of court resolution, but we not going anywhere. So we will be filing a new PI by Friday and seeking an expedited briefing.

J: Give me some specifics on what efforts to resolve the issue have U had w Govt.

W: Govt could use blanket NIE to let visa holders in.

J: Govt counsel do you have an estimate on when you will respond to proposal.
Govt: this was proposed to us yesterday by Gomez counsel at 8 PM last night, this is not reasonable turnaround time to give a response. Where we are, agencies are considering options and we'll notify

J: I appreciate that GOvt had not had enough time, but how about a prediction on when you may get a response.

Wen: I can talk to CL we can get a response WITHIN A WEEK.

Kuck: This is not something Govt was presented with, the Admin is saying that they have said they are considering. It is time for the court to act.

Judge cuts him off: Unless visas are extended or renewed neither NIE or PP will solve it. Don't put this all on the Govt. We had...

... this discussion 2 weeks ago. You could have filed a motion as I invited you. You don;t need Appeals permission to file. I also want to make sure that I don;t know the law is settled so I will need time to consider. What is realistic time for response from Govt.
Wen: a week

... especially since this timing will coincide w our response to MSJ which is coming. Plfts could have filed, they did not. If we will be having a new motion, we need to extend the MSJ briefing.

J: Gomez needs more to be able to revive visas that have expired.

J: NIE may be part of Gomez but I am not sure about. THis is not what you're talking about.

Plf: Yes judge, we have 2 groups. Those whose visas are expiring, we need expedited relief now. For those whose visa expired or would expire until court decision, we need to think abt.DUH

J: You expecting me to decide an arbitrary and capricious action on an expedited for NIE? Really?

Plf cousel: We have raised the NIE already. We need expedited bc Biden Admin is slowwalking it.

J: Well, you lost 9 days. You should have come to me, not file w court of appeals.

Urena: Ct ruled that No Visa policy is unlawful and that includes NIE. (Wow. How wrong can you be!!!! my commentary couldn't resist)

Urena: You can preserve the status quo by preserving the expiring/expired visas and combine them with the 9095 visas you reserved. So, you don't have to rule expedited and we can continue w MSJ.

J: I don't know. I may or may not be able to do that.

Bless: Govt left out some of our communication. We asked for certain info on the Class and they did not respond. We did not just wait. We will be asking you to order them to help us identify the Class memebrs.

Judge: Let's talk schedule. I will suspend the briefing MSJ to focus

on this. If you file on FRI, how long would the brief be?
Oppositon due on 17th 15 pages. Reply by 19th.

Urena: our Cl will lose visas on 20th, 28th.

J: Well you should have thought about this.

J: You're telling me your opening is due by Friday.

Urena: let's move it tomorrow

Welton: I don;t know its feasable.

J: Let's set a hrg on 18th. at 2:00

Summary:
1. Motion for Summary Judgments are now paused. So, for those who were hoping to get a decision on 9095 visas by April. NOT HAPPENING.
2. Gomez will be filing a PI to get a relief for those whose visas are expiring, sounds like asking judge to order that not including

... in NIE was arbitrary and capricious. (good argument & likely a winning one, expect YOU HAVE TO PLEAD IT first in your complaint).
3. Sounds like Gomez is not going to be seeking relief for those whose visa expired or will expire before judge rules.

4. Mohamed/Fongjong etc sounds like will be pushing the "anyone whose visa expire will be given relief from the 9095 visas" and that judge already rule NIE was arbitrary and capricious.
5. With this schedule and fragmented views, most likely will just f*ck up our PI.

Want more details --- I kinda covered all this today in the IG live (3 hours before this hrg).