Many people like you are suffering. Many family members are yet to be united due to #DV2021. It's scary and depressing. The newly wed couple is away and waiting for the final letter. Some people are confused whether I should leave the job or not.@USEmbassyNepal@yamlamsal
Misleading: DOJ has moved to have only HSS dismissed from the Flores case in light of its recently published Regs published to implement the Flores settlement. Even if this motion is granted DHS remains under court oversight. In fact, just few months ago Judge Gee slapped CBP for its overt violation on Flores in the open air holding pens.
Why Biden Administration are not serious about DV 2020&2021? Please withdraw your appeal against Legal Immigrants, Please give us justice all Judges, Don’t delay more for our future and rights, Save DV 2020&2021
We will continue to fight for the rights of #DV2017 ~ #DV2021 winners.
This struggle will continue until all the lost visas are given to their holders.
WE WILL NEVER GIVE UP 👊
NEVER!
#SaveDiversityVisa@RepGraceMeng@POTUS@VP
Standing with the Diversity Visa winners of #DV2020-#DV2021. Their dreams and aspirations matter. We urge the government to recognize their perseverance and withdraw the appeal. Let’s uphold the values of diversity and opportunity
@ACLU @NIL @FWDus@VP@immcouncil@AILANational
@USCISDirector Put your thinking hats on #dirtyimmigrationlawyers! SCOTUS may have just shaken up INA and blown to pieces entrenched immigration govt practice:
https://t.co/HM3g6x41AF
Psss fed SOL in re: immigration is generally 6 years but there is tolling .... GO!
@USCISDirector Again, I have zero idea why the DC cir is sitting on the appeal. But when they finally speak, this case could be a major avenue to get justice for COVID-19-affected DV applicants, no matter how the appeal turns out.
So, don't lose hope!!!!
But back to the #DV2020 & #DV2021 ... perhaps the DC Circuit had issues with the way the reservation of visa was done or perhaps they disagreed with Shahi's 'it is a Brock-type claim processing rule' or saw it that if the Govt was operating under a mistaken belief that the end of the FY was jurisdictional (ergo depriving them of the ability to act on 1 October), they wanted SCOTUS view on time directives to send it back for DOS to reevaluate how they want to proceed. After all, if DOS maintains the power to act after 30 September, then it will be perfectly lawful for them to choose to issue all unused visas in those two years.
The bottom line is if a deadline is not jurisdictional the official who missed the deadline retains the power to continue to act even past the deadline.
But back to #DV2020 & #DV2021 saga ...
The only consequence associated with the end of the FY is that the DV "petitions" (meaning the winning entries) cease to be valid. The unused visas do not roll over into the next year or to another category. So taking today's SCOTUS reasoning to its logical next step, there is no consequence provided in the INA for the govt missing the end of the year deadline IF THERE ARE STILL UNUSED VISAS. For FY 20 and FY2021 there are plenty o visas lefts so there should not be a reason why DOS cannot get off their asses and issue ALL the unused visas, not only the "reserved" ones.
Today SCOTUS kept going further and tried to clarify further the murky lines between jurisdictional deadlines, mandatory claim-processing rules, and time directives.
The Court held that if a provision was a time-related directive, such that, if “a sentencing court misses the . . . deadline,” it retains the power to act in that circumstance. Ibid. Just as with claim-processing rules (what Shahi saw the 30 sept deadline) a time directive does not "deprive a public official of the power to take the action to which the deadline applies." The key is whether a timing provision specifies a consequence for the public officials’ noncompliance with the prescribed deadlines.
One of the big issues in the consolidated appeals is whether a court can order DOS to continue to issue DV visas after 30 September.
In Shahi we finally broke the 3 decades old jurisdictional gloss applied to the end of the fiscal year deadline with J Easterbrook ruling that there is nothing jurisdictional about 30 September deadline that that Govt can waive or forfeit it. But he stuck to the "you have to have filed before the end of the year" crap, unfortunately.
Ok #DV2020 and #DV2021, since no day passes without an inquiry on why we have still not heard from the DC Court of appeals on the consolidated Gomez/Goodluck/Gjoci/etc appeals, I'm going to SPECULATE and say perhaps they were waiting for SCOTUS to decide McIntosh. This is of course pure speculation on my part as no one knows when there will be a decision and why it is taking so long!
Even if they were not, this case could be huge (potentially) on the cases that do not have a judgment.
Let me explain ... 🧵
☑️Dv2020 and Dv2021 are what percent to chance to update and issue visa in a march .
Our time is running out. Covid-19 pandemic is over . Withdraw the appeals and issue visa
#save Diversity visa.
Dv2020 and Dv2021 📢
We will continue to fight for the rights of #DV2017 ~ #DV2021 winners 🇺🇸
This struggle will continue until all the lost visas are given to their holders.
WE WILL NEVER GIVE UP 👊
NEVER!