Gomez Case Update – Government Files Notice of Appeal

Hello DV2020 winners, if you haven't received the below email from Innovation Law Lab, this post is for you. It's an important update regarding the Gomez case DV2020 winners. Although the news is not so good. However, you need to understand the process and stay updated.

Dear Gomez Diversity Class Members,

You are receiving this email from counsel in Gomez v. Biden because you responded to a call for plaintiffs from BritSimonSays.com or contacted us directly as a DV-2020 selectee and/or an individual acting on their behalf. If you are a FY2020 Diversity Visa Selectee who did not receive a diversity visa on or before April 23, 2020, you are a class member in the certified Gomez class.

We are writing to provide an update on the Gomez case and recent developments that may affect the class.

On December 10, 2021, the government filed a notice of appeal to the D.C. Circuit. The appeal seeks to challenge Judge Mehta’s October 13, 2021 final order in the Gomez class action, which granted summary judgment to Plaintiffs on multiple claims and ordered the State Department to process the 9,095 reserved DV-2020 visas for Gomez class members.

Judge Mehta’s final order will remain in effect unless the D.C. Circuit decides to temporarily block the final order while it considers the government’s appeal (this is known as issuing a “stay”). The government has not yet asked the D.C. Circuit to temporarily block Judge Mehta’s order. If it does, and if the D.C. Circuit grants the government’s request, then the government will not be obligated to begin issuing the reserved 9,095 visas unless and until the D.C. Circuit lifts the block on Judge Mehta’s order, or the D.C. Circuit decides that Judge Mehta’s decision was correct. If the D.C. Circuit rejects the government’s request to temporarily block Judge Mehta’s order, then the government will remain obligated to begin visa processing "as soon as is feasible," and would have to file its first status report regarding visa issuance on January 11, 2022, with reports due every 60 days thereafter until all reserved visas have been adjudicated.

We share the class members’ disappointment and have no reason to explain the insensitivity of the Biden administration in this case. You have suffered long enough, but this latest action may cause additional delays and uncertainty. We remain committed to fighting vigorously for your rights and will share additional updates as soon as they become available.

Sincerely,

American Immigration Lawyers Association

www.aila.org

Justice Action Center

www.justiceactioncenter.org

Innovation Law Lab

www.innovationlawlab.org

The Law Office of Laboni A. Hoq

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