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:
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
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).

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More from @NicoletteGlazer

11 Feb
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 ...
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!
Read 9 tweets
11 Feb
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.

#NoBan tweeps, PP10014 must be next!
Somehow the Title 42 order and the #entrybans were seen by the Admin as a “package”. Let’s get rid of both TODAY, @POTUS!!!
Anyone has a link to @POTUS letter terminating the national emergency and freezing funding to Trump’s wall.
Read 5 tweets
11 Feb
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
Read 4 tweets
9 Feb
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.
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.
Read 8 tweets
9 Feb
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.”
Read 4 tweets
12 Nov 20
The first witness is a Maricopa County Election official who supervises the election process.
So something got F*cked up on the public line so I'm out. Bummer! this was was like the best background work music ever.
I'm back and of course, it was just in time for the judge to announce a 10 min recess.
Read 16 tweets

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