Thread by @NicoletteGlazer

🚨MAJOR update for #DV2020 & #DV2021! Many thanks to @curtisatlaw for posting!!!

1. Govt has completed the IT "updates" so they will be ready to process reserved visas in Gomez/Goh/Rai/Goodluck/Filazapovich IF APPEALS are SUCCESSFUL ....

https://twitter.com/curtisatlaw/status/1550197876277518337

2. As we all suspected the updates were minor. It appears that it involved the ability to re-upload DV cases from prior years and be able to differentiate between "active" (meaning #DV2022) and "inactive" (#DV2021 and #DV2020). Running of the script at posts will take minutes.

3. It sounds like in the process of doing this modifications to the system & software DOS has actually gone through the prior cases. And DOS has now "deployed" 36,872 cases of #DV2020 and #DV2021 selectees in "inactive" status.

4. The declaration is cryptic AF, so I have no idea what "deployed" exactly means, but my guess is that there are 36,872 cases from the two prior years that would be at play for possible issuance of visas IF DC Circuit AFFIRMS the decisions of J Mehta & Chutkan.

5. As I speculated before KCC would likely not be involved so these 36872 cases probably include
* cases that were already transferred to consulates
* cases where interviews were cancelled or in AP
* cases where KCC had processed DS260 & run fraud checks (even if they did not

process the documents & sent a documentary ready email. What I used to call the "ppl in the ready line".

Based on info we were able to get last year there were ~19K #DV2021 in that "ready line" on 30 Sept. So this #s sounds about right for both years.

But here is the conundrum

If I am on the right path that could severely prejudice some #Gomez class members. If KCC is not re-involved to process DS260 & run checks, then the 9095 visas would be distributed only to ppl in the "ready line" (my own term, so not gonna find definition in reg or decl) ...

this is not what Judge Mehta orders envisions in my opinion. Especially since for #DV2020 KCC did not process in order of RN as they are doing this year. It was wild run to the finish line in Sept so, cases are not in order on consular lists.

6. Even more problematic for #DV2021 (potentially), as we have Rai reservation to all who were "to be adjudicated" at 28 EU, Rio, & SA consulates even if not plaintiffs in Rai but Goh/Goodluck/Filazapovich reservation is only for "named plaintiffs".

approach judges Mehta and Chutkan took on this specific point cannot be easily reconciled so I expect that DC Circuit would have to decide which is the right approach in APA cases:
either
*relief is for only parties before the court
or
*for anyone affected by unlawful action

If it is the latter, then they may have to revisit the numbers by whatever formula they think is proper likely what was done in Gomez. If it is the former, I don't think there are enough ppl in "ready line".

7. one thing I am sure! DOS will f*ck it up for sure.

PS.

LOLRG plaintiffs I will do a zoom this Saturday to discuss in depth ... (some extra gems to share).

@threadreaderapp please #unroll

CLARIFICATION: The 36,872 number appears to be *cases* not DS260 applications. Generally when govt refers to "cases" it means the principal selectee regardless of number of derivatives. So, if indeed there have "deployed" 36872 cases the number of actual applicants associated ...

is probably double. Also, seems to me that they have combined both DV2020 and DV2021. So, no way to figure it out unless they provide more info.

THERE IS ABSOLUTELY NOTHING DV2020 & DV2021 CAN DO AT THIS TIME.

So, chill and let's wait for DC Cir to decide!