Immigration litigation requires strategic case management across multiple cases, with legal teams coordinating between different courts (Georgia, Maryland, Colorado) while addressing individual plaintiff needs such as EAD processing delays and policy exceptions for medical professionals. The litigation process involves filing notices of dismissal for plaintiffs who wish to leave cases, preparing complaints and preliminary injunctions, and responding to government filings. Judges vary significantly in their approaches, with some scheduling hearings quickly while others take longer. Successful litigation requires understanding that preliminary injunctions are not the end of cases but preliminary steps toward final relief, and that predicting judicial decisions is unreliable.
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Immpact Immigration Litigation Update for May 20, 2026Añadido:
I never thought I'd say it together. Hey everybody, it's good to be with you today. Chuck Cook and Zach New are on.
We'll have some others join us here in a second.
Zach was said he doesn't look like a lawyer. I said he looks exactly like a lawyer.
Not my most lawyerly look. I'm on I'm on sick baby duty, so Yeah, well, you know, it's all bouncer. I got a a playpen and I got a very angry Nate baby on the other side of this wall. So, It's okay.
That baby is very young, right? 6 months old. Oh, wow. It's 6 months? I know.
Feels like it's been it just happened, right? But uh It does seem like that.
Well, I my my baby was 6 months and now she's 40, so uh Jack is never known. That's all I'm going to tell you.
That's all I'm going to tell Yeah, I have pink eye, so I'm This is This is my look for for today.
Well, Zach, since we have you first, let's jump into the the 39 country ban cases including the Georgia case.
Let's start with that because you're kind of leading the way on that and we filed a couple of things You filed something today. I filed something behind the scenes today. Why don't you give us an update? There's a tons of tons of things happening behind the scenes. A lot of moving parts going on right now. So, with the Georgia case, let's talk about what we filed, I guess, first. So, folks have probably been getting If you haven't been getting the notices from us, please let us know. But I've been getting emails throughout the week about just confirming what you want to do in this case.
We have kind of three things that folks are going to be able to do either stay in the Georgia case, go their own way, or join a different case in Maryland.
I filed the notice of dismissal today for the folks who that we had answers for for the They want to go their own way or join the Maryland case.
That was sent out to everybody. If you didn't find your name in there and you did want to go to a different different lawsuit or or join the Maryland case, please let me know so I can follow a new one tomorrow, I suppose.
Um so that's that's what's filed today.
Um in the meantime, we're prepping the complaint for Maryland, and then we'll be prepping the TRO for Maryland as well. Um it's a lot of moving parts there. For the Maryland case itself, we have uh the PI that we're prepping, and as soon as we have confirmation of the service having been completed, then that gets filed as well. So, a lot of PIs and TROs getting Well, and of course you've got the Colorado case.
The Colorado case yesterday at 11:30 at night, um the government filed their response. Um I frankly have not even had time to go into it in detail. I did a quick read-through. Um it's not all that different from what we've seen before.
Um we will be sending that out to plaintiffs as well, but um What can you tell us about the judge in Colorado that you're assigned? He's a a pretty fair judge. He's a People probably don't know the geography of of Colorado that well. Um Denver's on one side of the Rocky Mountains, and then there's like other stuff on the other other side of the Rocky Mountains.
He's based on that other side of the Rocky Mountains and has to come over to Denver to do his hearings. It's a an interesting thing, so Part of we got scheduled for a hearing that's like 5 hours long, and part of it on the call he was like, "If we get done early, I would really love to get on the road earlier than 5." So, And you're like, "I'm going to do this quickly, judge." That's uh Um but really he's the one He's the one that wanted something He wanted action right away, so Yeah, he he jumped on this. He As soon as he got assigned, he had us get on a call like 2 hours later to talk through uh when the hearing would be and all that, and the hearing was scheduled less than a month after he got uh put on the case, so he's really pushing to get this thing moving fast. So, kind of the exact opposite of what we had in Georgia.
And I you know what? I'm a big fan of this judge, too. He's um a pretty recent appointee, 2023, um but he was criminal defense attorney.
He did some magistrate work. He was like a like a solo practice small business attorney for a while. I just uh I'm a big fan of this guy. So I'm happy with with this job. Not really thought we were going to get considering he typically takes cases that are on the other side of Colorado, but not a bad pick. Let me update folks on the other part of the of the Georgia case today, which was the EADs for those that are staying into the case.
We had 36 folks that had EADs.
22 of them their EADs had to their old EADs had all had to expire already. 14 had not yet expired but were expiring soon.
All of them were filed uh all of them were filed before the ban.
They were all filed before the ban. And they were divided between 80 EADs and adjustment of status EADs.
Can you hear that noise?
I can hear you. You're a little echoey.
Maybe I'll mute myself. I don't know if it's my fault.
That was weird. I don't know what that was. That was a very strange.
Sounded like a helicopter taking off somewhere. Greg wants to know where the link is. On email.
Um and so I put I put together a letter to the government attorney and said look the current processing time for OPT EADs is I think 3 and 1/2 months.
And every one of these that are OPT is beyond that.
Now the current processing time for adjustment of status EADs is anywhere from 8 to 10.5 months depending whether it's a service center or SCOPS on the on the chart. So some had expired beyond the time, some had not.
I said, "Look, we we our filings have never asked to jump the line.
But, it's quite clear that all of the OPT people have been they've been jumped. So, you know, we read judge's decision inviting us to file a TRO or a PI for our EID folks.
To avoid 6 weeks of of briefings, would your client just adjudicate them because we believe we're going to win.
Um that was sent this morning. Um typically, he has been really good about responding within 48 hours. He's got to go to his client. They They We sent him a chart of all the receipt notices, the numbers. They'll go look everybody up.
Uh and they'll come back with us at at some point. Um and uh give us either yes or no. If they say no, we will quickly put together a PI or even a TRO at this point.
Probably a TRO and say, "Look, you know, judge, that these people have been out of work. It's just not fair. They've clearly been jumped." Um and uh so, we're on that. Now, as far as the Maryland case, I know we promised to file it by Friday, uh which is of course 2 days from now, Zach. Um and we we One thing by the way, we did run into in the 39-country case from Georgia is that some people did not follow instructions.
>> [laughter] >> Clearly. And we and um so, some people both wanted to stay in the Georgia suit and wanted to go to Maryland.
And some people wanted to go to Maryland and leave the suit. So, we had to make a number of phone calls and do a lot of emails to to clarify all that, which is why it took us an extra day to get this done. Um it just took a lot of extra effort um given the number of folks that uh And lot of people just emailed us.
Please don't email us directly. Email through the site cuz we track it through the site. And you emailing me individually takes us away from doing that for everybody else. We we do appreciate that. So, I think we're in good shape there. I really feel confident about the EAD folks.
Uh and we will keep everybody apprised.
Uh I am not going to share my email to the government lawyer. Uh we have had bad experiences with that previously.
Not to say you would do anything with it, but we have. So, we're not going to do that. But uh we will, of course, give everybody copies of the filings that are made in court and or received from the government in court. Uh those are put on the website uh under the case name uh under the uh under the cases and you'll be able to download them there. We redact We redact names is what we Why we delay putting them up cuz sometimes they include people's names. We We we're taking that for privacy purposes. So, uh whoop.
I was hoping Jesse would be on by now, but let's talk about the DV 2026 lottery case. And um that is now fully briefed, Zach. Um it's fully briefed.
And uh we are uh in the process of So, I got to just kind of waiting for the government uh to file their part of the brief, which is their summary judgment.
Um and uh we're we're in good shape there. We feel very confident about that. The government's reply brief, by the way, basically said something was hilarious.
You know, you you're you want to be taken out of line.
It's like they didn't read our book It's like they didn't read our case.
We we You know, the Yeah, okay, fine.
Don't take us out of line. Open it up for everybody.
That's what you were forced to do last time.
And most of our plaintiffs got it, you know, cuz you got to you know, if you're the guy that's got all your stuff done, yeah. Um so, and I think one benefit of this, Zach, and I do believe we're going to win this. Um uh Greg is Hold on. Greg is saying he didn't He didn't get the link.
Um Oh, he did not. He was not on that email.
>> I'll just I'll say one benefit. I I just said so. 75 country ban issues are being briefed on this simultaneously with the the DV stuff. So, we'll probably talk about 75 country ban here in a second, but >> Right. And that's that's that's part of the reason is that the country ban >> kind of like these these concurrent attacks against the the 75 country ban. So, we've got We've got two cases. There's I mean, a multitude of other cases just focusing on the DV aspect of it. Uh there's a multitude of just, you know, 75 country ban cases, but by having all of these and the 75 country bans being really um I mean, time is a strict deadline, and I think it's really good news for anybody who's subject to the 75 country bans.
Now, tell us about Chakumba.
Yeah, so Chakumba is not a 75 country ban case. Chakumba's uh the 39 country ban visa issuance case. Um it's a lot of kind of I don't know, behind the scenes not really sexy, you know, fun stuff to talk about right now. Um it's really just talking with the government, amending complaints, and then jumping feet first into summary judgment at the end. Um we were talking with some other lawyer about joining some other claims with ours, um which I think is going to be helpful. Um so, I'm all for that. Um so, I guess, you know, if you're you're looking at Chakumba and you're like, "Hey, there's not been a lot of movement on the docket." And that's kind of expected at this point. I mean, we're not moving for preliminary Well, but there is movement and There is movement.
There's just not, you know, the docket doing a whole bunch of like, you know, here's this filing and then, you know, the motion for preliminary injunction and then TRO. The preliminary relief is not what you want what we're looking for here.
>> We have to get final relief on this case. Yeah, it's really kind of, you know, like I said, jumping feet first into that final decision.
Uh and that just that just takes time.
Um and it's not uh a lot of updates along the way uh we'd give you the sides.
Um just uh people hurt too and stuff.
And just by the way, on the TV 2026 case, we have that noise again. You hear that noise?
>> It's my It's the baby. That's what it is.
>> Oh, is it the baby monitor?
It's baby monitor. Here you go.
It's not the monitor. She's on the other side of the wall here. She's >> [laughter] >> But that That the baby's fine. I was hearing like vibrations from the monitor. So it's it's awesome. So I'm just going to give you 2026 I don't even need the AOS litigation to put this one up. We're going to do another onboarding for another group of the DV 2026.
Uh and we should have that up relatively shortly to add another another group of people to this cuz people are realizing that the only way they might get relief is if they're if they file. So we're we're going to make that available just to let everybody know. Uh just pay attention to the Impact website over the next few days. Um Uh Greg, welcome. Now, Zach was was concerned that he was not dressed appropriately, but Greg just got out of a bike race. I lowered the bar. Lowering the bar every day. By the way, congratulations, Greg, on finishing second in your age group in the Was it the Memphis Mini Triathlon? Is that what that was? It's not a mini tri. It was a real triathlon. That's for you. A real triathlon, even even better, man. You were the man. Um so the $100,000 fee case, I talked about this on my live earlier. Yeah. Still Yeah, so three We have one of three cases. This is where one of our big pro bonos and it's a It's in the Northern District of California. Uh it's called Global Nurse Force. We are the case that kind of is highlighting all of the people that are not in tech that are impacted. A lot of doctors, school teachers, nurses, you name it. Um that are in that case. Uh our case, we had our arguments in uh in mid-March. Um everything seemed to be fine uh and we have been waiting on a judge um for the better part of two months.
Um, the other two cases, one is filed by 17 states uh state attorneys general um that filed in Boston. They have arguments May 29th. And Jesse, I think is planning on uh field tripping over and watching them since uh he's in the area. Um, and fingers crossed on that one. It's possible that our judge is waiting to see kind of like what happens. Uh here's Jesse, we're just talking to >> Jesse, what what happened >> [clears throat] >> Yeah, so it's possible our judge is kind of still waiting to see what's going to happen in that case in the DC uh circuit uh case.
So, it's still on hold.
Um, so I mean not on hold, we're just no decision. So, that's what's going on. Um, you know, we're uh we we we can't as people who've like long tuned into us, we we can't uh control the pace of judges.
Um, we can do things every once in a while to kind of like remind them that we're here and that there's you know, that our our our plaintiffs are uh our our are here as well. Um, so there are a few things like that that we've talked about, but that's what's going on in that case. Think I think the change that, you know, there are a couple things that are going on that are new, you know, that may have an impact. One is that obviously we had a lottery for the H-1B and we have a number, you know, a number of people that are subject to this uh got selected in the lottery.
Um, so there's sort of a new group of people that are being impacted right now.
Um, you know, we also are Chuck, how how long has it been since the uh you know, we knew that the um the this order runs out on September 21st and we still don't know what the administration's going >> this call believes that they won't renew it?
We don't We don't It's really kind of strange. It's like what's the, you know, we we just don't know what the administration's thinking. I mean, maybe they realize how much how disastrous this is economically, and they're just going to let it die on its own, but they don't want to admit defeat. Do you think they really care?
>> That's the optimist >> [laughter] >> in me. Uh I like to think that somebody, you know, prevailing uh you know, that there that that that that sensible minds prevail.
Well, it's that's uh that's where we are on this case. Jesse, I don't know if you have sort of opinions on where we might be on the uh on the tax case.
Yeah, I think the [clears throat] judge is um you know, obviously it's a it's a something that they don't have a lot of uh to go on other than the Supreme Court case, and and it's a very hard case, and anytime you're taking away uh presidential proclamation or thinking of doing it, you're you're you're going to be in the minority cuz most courts have upheld it.
So, I I I don't know. I mean, everyone thought that the DC case moving quickly was helpful.
Here, I think even myself, I'm kind of thinking that the time is not on our side, but you know, that's as we're going to discuss. I mean, you know, Yeah. Well, I mean, there's two there's the 212 F issue and whether the president gets uh dinged on that, but there's also a tariff uh here, a hundred thousand dollar tariff essentially on uh on on H-1B workers. So, that has been a case with the Supreme Court, obviously, that decision that uh went against the president uh goes against him. So, you know, one big decision, the uh Trump v. Hawaii case, is uh you know, obviously pushes in one direction, and then I forget what that case is called for the tariffs going in the other direction. So, Learning resources. Yeah.
Yeah, I mean, again, I think I think the takeaway for anyone listening is that, you know, lawyers making predictions on when judges are going to decide and what judges are going to decide is really not a good use of anybody's time. Um, and I know I'm going to say that and then I'm going to get like 30 emails about when something's going to happen, but I really I really just can't state it enough. I mean, I don't know that I've ever been right on a decision date or I mean, maybe an outcome, but like I you never know.
Maybe we should Maybe we should start cal- a Cal sheet uh uh Yeah. Maybe heading pool >> [laughter] >> on some of these cases. You see like the judges You see the judges like go like 500,000 long on a on a, you know, tariff case. No, I mean, I think like look at the decision we won today, which is an amazing pro bono case. I don't know if Yeah, I hope we get to talk about that.
Did you talk about it? No, we haven't. I don't think we've talked about it yet, right? We have to be happy We have to be happy We have to be happy that we got some good news. Yeah, I mean, that's a pro bono case. We've been fighting it for years for these Four years. Yeah, parolees, you know, we got refunds, but we didn't get everything we wanted. We had co-counsel at Motley Rice come in and we just, you know, like you tell me.
The judge today basically said, "Hey, your class was was not made whole and and um ruled against the government."
And then that's money into that's a little Tucker case, which not a lot of people know about. To win one of those in a district court is very rare, very rare. Yeah.
And it gives some hope of what, you know, uh for some future cases potentially in getting people refunds on things that they paid for.
And to uh benefits that uh they didn't get the benefit that they paid for.
Um so, we'll have more to say about that later.
Uh Chuck, we were just talking a little bit about our Ukraine case.
Catch your breath.
Yeah, it was Hey, you know, it was a great victory. It just took four years.
Was it three years? It just took forever. Yeah. Well, we had victories along the way. It wasn't total defeat.
>> But keep in mind the judge still has to rule. So, the government did not Judge denied the government's motion to dismiss our motion for summary judgment.
Has not ruled on ours yet. Yeah. But I mean, he basically he said basically that we we we we the we were right about our everything that we did. I mean, he didn't It was sort of like, "Why didn't you Why didn't you just finish it up uh today?" But I guess maybe uh we have to still wait for a couple things. But I I can't see how we're not going to win based on what he said today.
>> Yeah. That will I was going to mention that. I said I was very happy to see just an example that sometimes litigation takes a long time. Yeah.
And uh There was 100 150,000 people Yeah. that were involved with that case.
So, Well, and the other thing, too, is what we you know, and and again, it's like everyone wants every everything to be predictable. But like, you know, we started that case on the merits of the statute in Chicago.
We we settled it. We thought we were in a good place. And I think I was naive to think that they would hand the money back. And then we had to go and file a new case. And we actually went from the District of Columbia to the Federal Court of Claims, back to DC, up to New York. And you know, here we are. So, it's Again, it's it's >> We had a lot of people tell us also that our legal theory was not a good one at the beginning of the >> Ours did be said it wasn't a good legal theory. That's right. You know, you should not take that case. That's a loser. Yeah. And that was Greg's idea, by the way. Greg is the one >> Absolutely. Yeah, that was Greg.
So, it was really good. Yeah, yeah. So, I had to step out.
I'm taking like Zach He's taking care of his baby. My mom moved in last weekend.
So, somebody unplugged my mom's microwave.
>> You're a good man, Chuck Cook.
>> my mom.
>> [laughter] >> It did suck.
I had to go fix it. Uh we took the stove away, but she still has the microwave.
Hopefully, nothing blows up. Um so, any I got I got some I got some comments here. I got like or questions. We've got some. Let's take a look at some of these here.
Fewer than last week. On the Georgia case, any response from the government lawyer on the EADs? I've I've explained exactly what's going on. We sent the letter today cuz we had to gather all the receipt numbers and everything. So, um we'll see. Uh uh see how Rodney uh uh responds to that.
My lawyers filed my form I-140 premium processing. I got a receipt number. How can I add it to my case?
Uh uh you can go to the Impact website, identify yourself, and put that information in an email uh into the chat. To give a little bit maybe clearer instructions cuz I think sometimes people have a hard time finding this. If you go to whichever case you signed up for, like let's say it's the 39-country case, if you click on that like onboarding page for example, and you scroll to the bottom, it's a place There's like a little hyperlink that says like, "Please click here if you've got updates to your case." But that's what we mean by update to the um the website.
Uh this is a good question. What is the judge still considering the motion to dismiss? Well, cuz they filed it.
I mean Totally different tracks. Like the PI is totally different uh things. Yeah.
The And the PI, you know, it's not the end of the case. It's like this preliminary, what do I think uh should happen at the outset of the case. Like the the motion to dismiss is the first real merits decision that needs to be made here. So, uh I know nobody's happy with the preliminary injunction, but that's not like him saying, "All right, you lose.
Um everything else goes away." Like the fact that it's, you know, in the state that it is still means that everything moves forward in the law.
Yeah, he clearly had I mean, the thing is he he says he He normally motions to dismiss are granted for lack of jurisdiction. Like I'm not I don't have authority to do this. He's already said he has jurisdiction. So, you know, we'll see what happens there. Obviously, we can't predict Judge Grimberg. Now, he I mean, the other thing too is I mean, we filed, you know, people wanted to depart the case, and that's their right and I think you know, if the judge were leaning towards a negative ruling, he may ask for supplemental briefing cuz obviously the calculus changes with the different you know, makeup. Right. And you know, he's already identified that he's he seems to be happy to grant a 765 PI or >> Yeah. Yeah. And and you know, and I think Rodney to his credit, you know, he's already agreed to do one who had an approval and he took our, you know, I thought you wrote a great email today to him and again, I think everybody's I think I you know, I'll just make this comment cuz I've dealt I think we all have dealt with the an email from every single person. Um the the reality is this from from the judges and the cases that I am personally a part of or reading.
There's one thing to lift the pause, there's another thing to put you back in line where you are. If you filed a 485 in October, November, December, January, I think demanding a decision on your 485 is a bit out of line. That's my personal opinion because I think judges are going to say, well, would you if we took away this pause, would you have been adjudicated? Maybe, but but maybe probably not on an on an EB2 not not not Not according to the data on the website, right?
>> I think we have to do a better job, not not us, but I mean as a whole at understanding that this is not and and again, judges are very cautious about this. This is not a mechanism to jump the line. On your EAD, for sure, you probably should have received that interim benefit or your OPT or whatever or a change of status because the processing times are different, but on a 485, you know, I think everyone's like, oh, it's only 11 months, it's 12 I mean, whatever it is, we're not there yet unless you filed in 2024, 2023. And I think we have have careful of of asking too much. We need we need you to not be judged and stopped based on your nationality. That's what we need first.
That's the that's the first order of business.
Well, that goes to this guy's question here. We don't care about work permits.
Yeah. What if you Well, so that's, you know, But I think I think that but but I think what he does care about though is that green card. He wants the green card and I think the real the reaction to him would be, well, tell me when you filed cuz we're going to put you in the place where you should be, not where you want to be. Right.
>> [clears throat] >> Uh so, how many people do we have for the Maryland lawsuit? That was a question right here.
Couldn't say. I would say it's somewhere [snorts] in the realm of like 150 to 200-ish, somewhere Yeah. I'll book.
Somewhere in that neighborhood.
Somewhere in that neighborhood.
Uh you'll know better tomorrow.
Yeah.
On 2 hours sleep.
Uh hey, Zach, could you schedule a meeting for the Colorado plaintiffs to at least go over the government's response and their strategy on addressing Greenburg's challenges in the Georgia case and government response?
Not in the the short term. Look, I I think there's times for the calls. I think there's times for us to have this this chat about what's going on or we're going to be doing on all this stuff. I don't think that it is productive or helpful for us to have a call for me to just like go line by line, here is the response that the government filed.
Here's what I'm going to be doing about it.
Like that's just time that I could be spent responding to this thing.
I'm happy to kind of like answer emails.
Here's kind of what's what's going on.
Here's the arguments that were made.
I'm happy to do that, but scheduling a a call to go over all these things is not not productive. It's not going to be helpful.
>> Well, it's legal argument. Uh so, how do we know if you're in the Georgia It's is my favorite question today. How do you know what case you're in?
You're in the case you chose to be in.
Well, we Yeah, I mean if we So, it's a two-stepper. We have to withdraw you from Georgia and then enter you into Maryland. So, um you'll know, I guess, if you're which case you're in if you're listed in the case where for the dismissal.
You're not in Georgia anymore. today.
Um and I think we'll post the We don't really want to post it because there's names in it. Uh but I guess you could post it with the names.
>> It was email to point of, so I don't know. It's email. Everybody knows. Check your email, right? Yeah. Um any update about the exception for medical physicians? We do I we do have some information about that.
Um Greg?
Well, I mean we have information and then we have like missing information. So, the government when they made that announcement um uh that sort of in the middle of the night announcement where they uh kind of doctored an old memo. Um that only said that medical medical physicians, uh which I'm not sure is sort of like a term of art, but that's the one they used.
Um which is important cuz it doesn't tell us whether it's like researchers or you know, only people that are doing clinical work or there's like lots of different kinds of You mean practicing doctors. What is it whatever that means?
Right. But so, all they said was that they were going that they were going to be accepted um from the policy. Um we we know that from various US attorneys and you know, have have and thank thanks uh to some of the lawyers in other cases, um you know, we've been getting some information about what's happening based on what we're seeing in other litigation. What I can tell you, we talked about this at our law firm's attorney lunch today and we don't have anything official story from USCIS. And according to some of the lawyers that are following these cases through the physician list serves, we're learning that premium processing folks and others are telling them that they don't have instructions yet on what to do on those cases.
We know from Curtis Marathons case that the US attorney on the other side said something was forthcoming as far as some kind of detailed policy memo.
I'm not super happy about that because it seems to me that if this is that if it's not simply doctors are exempt from this, it's probably going to be some kind of more convoluted some doctors are depending on type of case that you have, and it's going to be somewhat complicated and convoluted. So, that we know. We know we had some news from Jesse regarding doctors.
Jesse had a small case with some doctors in it, and you had some you had some news. Yeah, I mean, we I didn't file a PI, and you know, you know me, I'm trying to I'm always trying to be diplomatic, and I I you know, I thought the US attorney's office and I could have a conversation in that case, and um that's where I kind of learned about this medical exception, and for they were they were residents, and I think that's I think USCIS is is looking at that. We also pointed them to the exception that was already in the policy. They they were 765s?
Yep.
Okay. So, they were and they needed those resident they needed the 765s to join their programs on or before like June 1st, and so, you know, we I think I filed that case back in late March, and you know, I just series of phone calls, series of emails, like, "Hey, I got to I'm in a position where I'm going to have to file a PI or TRO." And and then they said, "Well, we think this is an exception for for for medical professionals, and we're going to apply it." And you know, I will say to their credit, they held up their end of the bargain and all of the EADs were approved and those people, you know, I think they told everybody including my mother in Myrtle Beach and uh I mean, but it's but I'll tell you like it's not like oh, go go do my case now because I'm doing I have a case in DC.
It's indistinguishable. And she has a June 1 cutoff and I filed my response to a PI today because they wouldn't And I told them, I'm like, I just did the same thing for this person. She's She just happens to be going to ODU and they went to some like, what is going on, you know? And so it I don't it's definitely not consistent. Nothing's written down.
Um it's frustrating.
>> Which shows once again, you can't trust the government to do anything right.
Well, I mean, it's just, you know, and that's I was kind of talking to the US attorney about that. I'm like, listen, man.
I said I said, what am I supposed to tell my client who, you know, knows that I just achieved something over here that's part of a policy that that that you changed, you know, whether you like it or not, we discovered you did change a word and it seems to, you know, and and and and I congratulate USCIS for doing it. They're trying to do the right thing. They recognize that a lot of these people won't be able to join their programs.
And um got got got the stiff arm and just said, well, let the judge decide. So Yeah, I I will say that if you're in the Georgia if you are remaining in the Georgia case, we will be communicating with the US attorney in that case then the the names of the physicians >> If you are a physician I I don't know if any of them were physicians.
>> Right.
They're not They're not, but we from the Maryland cases and our other cases, um we're we're basically compiling a uh not just a list of the doctors, but hopefully a little more information on what kind what they what what kind of cases they have. And we are going to be reaching out to every US attorney uh in each of our cases where it's relevant. Um, so the Maryland case that's just being filed tomorrow, obviously we can't do that until we have a US attorney on the other side that we can talk to. Friday. Friday, not tomorrow. Friday. Oh, I'm sorry.
Wednesday.
When when when All right, so can you Here's the address. Can you get the last government response from the DV case? As you know, we talked about the DV case and the government's most recent their response uh saying, "Hey, you can't take these people out of line."
Yeah, they that but they did file their last response on Friday and um in the deluge. I don't know that we've sent it to the plaintiffs yet, but I will get one.
>> that. We need to post it up. Post it on the impact page.
>> Yeah, we'll do that. Um I can summarize it. It's uh you lose um and uh you know, we win. I mean, that's the summary. Um DV is entitled to nothing and you know, and we >> We don't have to do these. That is another thing. We don't have to do these. Even though Anyway. in the district says they do. It's just kind Yeah, well, I mean, you know, I think it's I did see a response in another case that did not even have a cover sheet.
Did I don't know if you saw that. Oh, really? Yeah, in the TV case when they were filing. Yeah, so I think um I don't know I didn't I mean, I got to check ours, but I mean, on the reality is this.
I I hope that the judge doesn't allow um the Secretary of State to shut down a visa category on his own because there's not a 212F proclamation behind this. This is just kind of we're not doing it. Go away.
Um that would set a very dangerous precedent. Um there's nothing there's nothing unique about DV except there's a a very strict deadline. If anything, it it should be you know, handled way more um timely than others, perhaps. But >> they they did argue back in 2020 that they don't have to issue all the visas.
Yeah.
>> They don't have to issue all the visas.
There's no requirement of that.
But not issuing any of the visas is also not a problem.
>> Yeah, uh well, and their president had suspended entry, and there was a global pandemic. Now, it's this guy from Portugal did a very bad thing in Rhode Island. He came in on a DV visa 2017. We hate them. Like, come on. Like, if we Like, if we If that's where we're at with with with things today, I mean, I I do have faith in Judge Leon, no matter what. Like, I I don't think that he's going to say, "Oh, this is totally well thought out and planned, and it makes sense to me." And, you know, I think we have to >> me as Judge Leon. That doesn't That doesn't strike me as Judge Leon's approach to things.
>> I just don't think it's I just don't We're in a position now. It's almost like this pause the pause policy, too.
They are and like habeas.
If the judge wants to do it, let him do it.
We're not doing anything. But if the judge wants to do it, you know, maybe we'll comply.
>> [clears throat] >> So, just Zach, hang in there with the baby monitor. There you go. I was just going to say that I'm about to I'm being I'm being beckoned, so I'm going to have to to jump off.
>> anytime you want. My cousin is the plaintiff in the DV case we have from Turkey. We need to complete health checks, expiration because of our pause medical reports. Okay. I mean, do you think embassies will require repetition of this, or they excuse them, or reject them?
I can't recall what they did last time, Jess. Did they make people get new medicals that had medicals? I I just can't recall.
Um >> I think there are some some countries where the medicals expire very quickly.
Yeah. Um and there was that chaos. Um but they were doing so many things.
>> They did accommodate. They did. They did. I I don't I mean, I think the problem we're going to run into perhaps, if we were successful, is what embassies or consulates are open?
They just closed a couple, you know, due to Ebola and, you know, staffing is way down.
Yeah.
That's the the logistics behind this. If I were the State Department, the logistics are so bad that maybe a settlement would have made more sense. But, I mean, again, I mean, we'll see what the judge has to say.
>> want to drag it out and just save time right out.
So, yes, it's the DV interest link.
That's the one. Just keep signing up on that. And I do love this comment. Is that Greg Armstrong? Greg LeMond. Greg LeMond, I think.
>> [laughter] >> Steroid use there.
>> He's the clean version, though.
Did the clock for the government response start for the 39 bank country case? Yes, it did. Yeah, they already responded. Yeah, they already responded, and we replied. So, uh my lawyer She's asked that question four times. Uh do you have any estimate on the PI filing date for the Maryland case? I think we said last time that it would be the following week. Yeah, we're going to I think, you know, everybody we're underwater. I mean, you know, we're we have to choose we have to choose between like the emails and, you know, and and everything else. But, uh yeah, no, it's on. I mean, we're doing it. Um I mean, you know, we're working We're not stopping.
It's a question for Greg. Um what do you think of the of the J visa delays and the mass rejection of J's for doctors in India, which is approaching >> Yeah. So, we actually I That was another subject we talked about our at our health with the healthcare lawyers at our lunch today. Um where we are seeing J's rejected for I really I you know, things that we never were really seeing as big issues like 214B. I mean, doctors coming in for 3 to 7 years of training and they're still and they've never given issues before with doctors as far as you know questions about whether they have immigrant intent or not. In fact, it's really stupid to deny because we have all these government incentives that we give doctors once they're here to stay in the United States and stay for three more years and and then we have a green card category if they stay for two more years beyond that. So, why would you reject a doctor? In underserved areas. If you put them if if the official government policy is that they is that we encourage them to immigrate to the United States and go to these areas.
But it is a So, I've we've heard about that. I know my my my law partner Alyssa she's on the State Department Liaison Committee for AILA and I know that's an issue. That's how she knows kind of what's a lot of what's going on is because she's hearing from other lawyers that are complaining about it. So, yes, we've heard about that. As far as J waiver delays, my you know, I'm I'm I am interested in sort of delays on the part of the State Department in issuing the waivers, but the issue is you know, they're all all the waivers themselves So, waivers are two parts.
State Department makes a recommendation and then USCIS makes the final decision on it and the USCIS part is what we're litigating as far as the benefits pause and that is a So, that's causing the delays before you they you're not going to get an adjudication on an H-1B if you are still stuck waiting on the even the rubber stamp adjudication of a of of the J waiver by USCIS and it is a rubber stamp meaning that there's no it's 100% approval at USCIS once the State Department has made its decision and State Department there's no pause on waiver adjudications by the State Department, but USCIS is not finishing up their part of the process, which should just basically be Oh, the State Department approved you, done. You get your waiver, and that should be it, and you should then get approved for your your J-1 your J-1 your H-1B, whatever you're applying for.
Um Well, I guess the J waiver you know, with the J waiver wouldn't normally lead to another J. But, the the point on it is that the Yes, we're aware of these issues.
There we there there is a lot of political pressure that's being applied, and that is probably by red state politicians who are very upset about doctors not coming to the rural hospitals, and residency programs in key hospitals in their districts that are not you know, that they're concerned are not going to show up there. So, from the lobbying perspective, there's a lot of good things happening in addition to the litigation. So, But, this is not something you can you can't litigate visa denials in India.
I mean, that's not a litigation >> Yeah, you can. All you can do is basically get the hospitals and the and the health care community >> And their senators on the horn Yeah, they just need to That's a political problem, and then that has to be largely how it's going to be dealt with is is is powerful people making noise. Okay. As Zach mentioned, they got the the 11:30 last night, the government filed the response. He's not even looked at it yet. Um we had other things to do today.
Uh he'll get he'll take a look at that tomorrow and go over it and send it out.
>> I mean, here's the summary. Um you lose, and You lose, and we don't have to do anything, and 242, it's the same real arguments. Don't follow the other cases, including the cases by your colleagues in the same court, and there's nothing that we need to do, and everybody's just trying to cut the line. Um that's that's Not a lot of originality these days coming from the respondents. This is my new favorite question. Can we please fight for deadline for case to be adjudicated for the PI by the case filed in Maryland filed in Maryland?
Uh no.
Yeah, I mean I really do think like I I think people associate PIs with I'm going to get the benefit adjudicated by a deadline. I think that I think you have to look at when you're looking for an injunction, you're looking for something in between the start of the case and the end.
And what you really want is the end. And I think what the judge can do is say you cannot apply the pause policy in the middle of this case. Go make it go away. I think judges also sometimes will say and to alleviate this harm, you need to you need to get people back in status or back to work. I think it's a lot different unless you have been waiting way out on the on the spectrum to say, oh and adjudicate the 45 as well because if you do that, there's no preliminary injunction. It's just a permanent injunction. The case is over.
So um again, I think um it sounds real great if I get a PI, I get my green card, but I don't know that that's realistic. Like I just don't think that I think there's a big misconception out there.
>> I think what you're looking for, can you force the judge to make a decision quickly? And the answer is no. You can't force a someone on a judge. That's not how our system works. Uh unless you're Donald Trump. Um In the DV case as this is a good question.
What do we expect happens if we win?
Mhm.
What extent could the judge orders relief compel consular process? It's a good question. Let me write that down.
And two I from my perspective Jesse, two things could happen.
One, he could say, I'm ordering relief for plaintiffs, you shall interview them.
And if approvable, you shall approve them.
Or he could say, open the system. I'm not putting anybody else in front of anybody. I'm requiring you as judge uh um uh did in 2020, open open it up. Open it up and issue as many visas as you can by September 30th.
That was his order.
>> I think I think what I could do, I mean, if if I were Judge Leon, I would say, "Listen, I want a report from you about how many cases you've done.
I want to know where plaintiffs sit in the queue.
I want to know for those that have been interviewed why they haven't been approved if I grant this. And, you know, and and and I want status reports every 10 days unless you tell me what your plan is. But, that's my plan.
Um my fear is that they try to run out the clock and appeal, and we're going to be in that race. Well, and that they'd have to get a stay in place. Could they get a stay from the DC Circuit on that case? Wrong panel, they could. You know, if it's a Katsas, you know, um you know, if you know, not Katsas. Katsas isn't terrible. I mean, honestly, I used to work for that guy. I mean, he's not awful. It It's just I I I don't know how much they want to to to do that. Um but, they do they do have the Good Luck decision in their back pocket knowing that's a hard deadline. There's nothing that can be can be done.
>> Well, we got I I don't know. Um we'll see. We're doing We're doing our best.
Uh how does the Georgia case impact the Colorado case?
Doesn't impact it. I mean, I'm sure the government lawyers argued it. I would have if I was a government lawyer.
Um but, the I mean, here's the thing. You got to be careful what you argue there because if if you get it if you get a judge to to to adopt a Georgia ruling and say, "Yeah, you get 60 days."
Like, you know, I mean, that's that's not a bad That's not a bad thing. I mean, you know, Georgia ruling is not It's a It's just weird. It's a It's a weird ruling.
Well, I think I think he bought into the government's approach and give credit to Rodney down there. Like, he bought into the approach that this was not final and and and they kind of kind of gave them the the leash and said You're just changing you're just changing the tires on the car here doing the security checks doing it differently. All right, I'll go with you. You can't stop it forever though and I want an update in 60 days and for anyone who's out of work, I want a list and I want you to you know, and so I I I disappointing for sure, obviously, um but I don't know that it's the the the like the North Star that I'd want to hang my hat on if I were the government.
Um I don't think so either. I don't think so either. Uh Amir Emmy Pats always on my lives. Uh he thinks that that that Trump wants it for everybody even in the United States and of course he's never going to be able to get it inside the United States cuz there's regular there's there's statutes on fees inside the United States. So Yeah, make it make it make it permanent and all those people who come on H's and start businesses and won't be great again. Mooney Vibe wants to know how long we're going to take to file a Mandela case and she must not have been on our lives previously when we said we would.
Um how long it takes for a judge to grant? I don't know.
Yeah, we don't I think I think I'm going to make a I'm going to declare permanent injunction on myself making predictions of when I I honestly I I say I'm so bad to myself. I I violate my own rules. I just I get sucked in.
Uh I do like what happens to premium processing cases that were paused for months?
Well, presumably they presume if they were ordered to they would resume premium processing. Um but keep in mind it's not just the ban cases. Even in non-ban country cases or delay country cases, they're not following the 15 days.
They just not.
Yeah. They just don't care. I think I think too it what we're going to have is I mean I've seen them return fees. I don't know if that's happened to you guys, but like they've definitely returned them. Um it's just that I think it's kind of like this is not just about pause cases anymore. They they're not doing premium.
Like I don't know. So, if the if the F-1 visa revocation survives motion to dismiss, the next step No. for summary judgment.
No. I mean, I don't know. I mean, again, we have to see what's in the order. I mean, Right. it's it's almost like, oh, if we survive a motion to dismiss, does that mean we win? No. Um means we're we're we're alive. Um But, I think we might move for summary judgment at that point uh as opposed to a TRO, we cannot meet the standard for a TRO. We can't.
And I'm not sure we can meet the standard for a PI. I don't know.
So, I it really would likely be a summary judgment on that. Yeah. You know, you you can only pick the tools that are available to you that you can actually use. I mean, you might have a whole array of tools in front of you, but you just need this one screwdriver.
That's that's the only one that fits the hole. And that's that's the way it works in the law.
Um let's see. Do you have a timeline on the Raji case? And now I Is it That's that's uh the uh the >> Yeah, is it the Rasti case or the Raji case? I thought it was the I thought it was a Razi.
Ranj.
>> Rasti is the case in Massachusetts on the Iranian students who are banned under 212F and under I think I think this one is the first Maryland case, I think. Oh, I got you. I just refer to them as a state case. I don't I don't refer to them by the name, but I think that's it. Um I know Zach's Zach had to leave cuz he's taking care of that baby, but we'll get information out to everybody.
Plaintiff STEM OPT is set to expire December 26th. Possible request to court to expedite on that basis. No?
No, no, no. Howard, we're 7 months from December 2026. Yeah. But, I I I really do believe we'll have a decision by then. I mean, that's even I even a most recent I'm judging probably get that. Yeah.
Um let's see. Rough timeline on the final stages of the DV case. Um I know um yes, why don't you just I know we have a Is our re- Do we have a >> We're done. Now, we're we're ready to go. I mean, the judge Judge Leon has everything he needs to make a decision. I would expect him to set it for hearing and um we're going to have to go argue it.
shortly we'll hear shortly on a hearing and I know I I would be I mean I don't know if we have a timeline um because it's up to up to the judge and I know he's I know they're going to they understand what's going on and and I expect it to be set quickly, but I don't have We don't have a We don't have a to to date and a He hasn't given us a date for a hearing um on this.
Uh is it possible to request a deadline for specific benefits only? OPT applicant, no.
No.
Um um What would you What would you set?
I don't know. I don't even understand the question. If Judge Leon orders not in our favor, what is your action plan?
Good question. I don't know that we have one, to be honest. I mean, I think if we lose, we we have a we have a really big issue. I mean, what are we going to do?
I mean, you know, I mean, to be honest, I don't think there's a whole lot we can do. It depends how we lose, what he writes in the decision. I don't think you're going to get an appeal filed and approved and and that's going to be and and briefed and adjudicated by September 30th probably We probably have packed our bags and go home or we got to pray to St. Michael or whoever that uh they they walk back that policy and and and issue some visas.
Okay.
Um let's see.
Keep you asking when you're going to file the Maryland case. Were you not here when we started talking? Everybody knows that we're told last week we're filing in April.
Uh Oh, Nada says, "Do not file the case before checking with the plaintiffs.
What case? What case? What case?
What?
Do not Yeah. Um See, uh do you think a new F1 rule might also affect CPT? Oh, this is the now Yes, you're probably not aware of the new rule.
Uh it's going to publication in uh probably as early as Friday.
Uh certainly within the next couple of days.
>> F1 rule?
This is the F1 DS rule. Uh it is So, basically, the way the rule works is if you have your CPT now, you get you get to stay until the end of your CPT or STEM OPT program to a maximum of four more years uh and you have the 60-day grace period.
But if during that time you leave the United States and come back in, you're now subject to the new rule, uh get 2 years, and uh have a 30-day grace period. And you have to you can request extensions, but you have to file not just a 765, but a 539.
Um so, it's it's incredibly complicated.
I talked about it if you want to go back and look at my live from today, I went over it in detail. Uh and take a look at that. So.
Um Do we think uh there's going to be litigation?
Um I I don't see how you win litigation on this.
Honestly.
Um I don't see how you win litigation on it.
Um But they they didn't follow the rules as far as issuing the reg.
Well, they're follow If they're following the rules, and they took comments, and they issued the reg, I I just don't see how you win on an on on an APA action on that.
Um you know, when you're the president, you do get to make the rules. I mean, think about the DACA stuff, right? They kept winning DACA cuz they were following the rules ultimately.
Greg, this one What is your recommendation for doctors who start residency fellowship July August 1 that are in the Maryland case. Um, well, I mean, it kind of depends on whether what just like Jesse was talking about before, it depends on their situation as far as um, you know, if you're abroad, and you're and you're seeking a a visa and you're subject to you know, something that is preventing you from preventing the visa from being issued.
That's a you know, that depends on litigation. If of of you're talking about the Maryland case. Um, yeah, I mean, I I guess what as soon as we know who the who we're talking to on the other side, we're going to provide that information and and make sure that they know they're aware of a hard deadline for that. I apologize for not Yeah, we'll we'll go through the list. at the end. There is still time. We'll we'll know Chuck, what we'll know probably later in the week who our US attorney is next week, right?
>> Next week. Well, no, well, no, well, no, well, I don't that's not necessarily true. Um, but we can certainly That's one of the first things we learn. Yeah, well, we'll definitely reach out cuz we're you know, we're going to have a PI and they'll be assigned to somebody. So, within a week or two, we'll know that. We'll reach out on the medical issues. We'll go through all the intakes, make sure we have identified all the positions and that that need EADs for the residency program. By the way, but Simon says, if six medical's good for six months only need new ones. So, far.
And if you're a doctor in one of our case, you wanted to see me only separately. Yeah, email Greg, he'll answer I don't know if that's that's fine.
Oh, do you think the government will comply if the judge strikes down the fee?
That's how the law works. Yeah, I think they will. I think they'll appeal though. Oh, they'll appeal. Yeah, they'll appeal. But, I don't think they'll get a stay on that.
Um, let's see. The GNF HMB lawsuit, so we're in for three month anniversary. So, oh, that's the global global nurse force, okay.
Our friends the government are shooting themselves in the last response to even off case. I agree. They asked for any just for plaintiffs and letting you say we cannot pass the cute district plaintiffs. Yes, I agree. It is a it is a rather strange response um and even off um Yeah, there is no queue though. Like it just seems weird. Yeah, well there right now there is no queue. I mean that's that Right. It's like we're not trying to jump I mean it the what the judge should do is say fine adjudicate all of them.
Yeah, do it. Um um How do we know the judge will ever adjudicate 45? Well, again, the PI is not the end of the case.
Yeah, I think I think what >> that's judgment. If there is a judgment that mandates adjudication, then you will be adjudicated in the time frame you normally would have. That's the end goal.
That's the end goal of the game.
Yeah, I mean if if it if it turns out that we're you know we're successful and time passes beyond what normal processing times are, we have the you know there are things that we can we can do as far as you know with the government and with the judges once you are at that point, but if you know you're not you're you're until you can show that it's taking longer than people that were being adjudicated all this time, um you're not going to get anything.
Are you optimistic at the Dorcas case which is a hearing tomorrow? I'm sorry, I don't know what the Dorcas case is. I think that's a big um case in Rhode Island on the pauses and stays and Oh, that's the that's the one up in Rhode Island? Yeah, it's a big case. I mean yeah, I mean I I think we are optimistic.
>> it the Rhode Island case. I don't call it the Dorcas case. Well, usually you call it by the lawyer that you know that's what >> lawyer of that's whose ever case, okay.
Here's a good question. If you lose your second chance in Maryland, can you still file an individual mandamus?
We're not filing a mandamus.
That's a different cause of action than what we're filing. Yeah. Yeah, you could file you could file your own mandamus.
You got to be careful filing 45 claims for delay, but yeah.
>> Yeah, I mean and after 4 years you can file it. I mean you're not going to file before 4 years. Don't do it pro se. Um Don't do it pro se, yeah.
Uh who's getting a hearing for our second case in Maryland? Well, I'm going because I'm admitted in Maryland um and Jesse probably will come down cuz he loves crab. I do.
And I mean I do too. And How can you pass up Who passes up an opportunity to go to Baltimore with somebody?
>> I don't know if Zach will. Zach's got a baby. I mean it's tough it's tough for Zach to travel. Um so uh Is the Colorado judge the type of accommodation Oh, I think this I Zach he already Did Zach talk about that earlier?
Remember this is the judge within it 2 hours of being assigned to the case had called both lawyers and had them on the phone.
Uh I would suspect that's the kind of judge that makes a decision quickly.
Um so I don't know. Well, you never know, of course. USCIS claimed in a recent case that dual citizens are not subject to pause. Yeah.
Yeah, we we know what they claimed. I think we got to I think we got to have that argument for any Canadian Iranian dual nationals or anybody else. I mean I think I think I think that's an argument to Yeah, we were raised with everybody.
I mean that's that's huge. I don't know that I don't know that's accurate. I mean it's it's great. Let's do it. Um but I don't know whether Okay.
>> know where that was written.
>> Ram Sam only cares about his EAD uh and I I don't know um if he's in the new Maryland case or the first Maryland case. Uh obviously for those citizens in Georgia we're already dealing with the EAD case.
>> I think I think the reality too like what people are starting to maybe appreciate is your your facts are very important for you, but when you join a group case, they do have to be somewhat watered down because you you're you have elected to kind of tie your boats together and sail the same way. And And you know, I I understand and I don't I don't want you not to have work authorization, but we have to give you the same attention that we give to the other people in the case. And And that sometimes can be a bit of a blur. And you know, I understand what you care about. We have to do what's best for the group. And that's that's that's very hard. Yeah. But we will, of course, talk about EAD separately. Uh somebody has been in the South too long.
>> 100%. Reckon the government would stay stay for the appeal dockets if we win.
Uh I don't know. I mean, I have no idea.
They're not going to get a stay in the first. Not in the first circuit. Not where they are.
Um if the government's forced to issue to issue back orders, but those who can't use the visa enter because of the ban, what happens to the visa number? Is it lost and not either? So, keep in mind, state can revalidate visas. Mhm.
Okay. While you have 6 months to enter the United States, they can revalidate visas. So, I do not believe it's lost.
But yeah, I mean, those are only for Yeah, the travel ban >> 49 country cases, right?
Yeah. And again, that is 212F/ travel ban um countries. Um yeah, that the visa should be issued for 6 months and we, you know, at that point you got to really kind of hold on and And you can get it reval- I I have gotten those revalidated. Yeah. Yeah, yeah. So, you're not going to lose you're not going to lose the visa, okay?
You're not losing the visa. Last couple questions.
Um that's like it has a if I filed in January 55, what will be what will be the normal processing time?
Okay.
All you need to do is go to uscis.gov.
Yeah. Down to case processing times, put in 485, put in the category that you are in, if it's employment-based, and push the button. I can tell you the last the last two digits are going to have a probably a 2020 27 and it it's not going to be 2026. No, I Right now, I'm telling people 18 months.
Now, you will read on the internet, "Oh, mine got approved in 3 months." My neighbor My neighbor did it. Well, that's That may be true, but the immigration's like driving home from work.
Some nights, you hit every green light.
Yeah. Next night, every red light. Why?
I don't know.
Yeah. So, 18 months or longer is what it's going to be. Uh well, we've now answered every question. Thank you guys for being with us.
Um we will be live again next Wednesday at 6:00 here on Impact, and we appreciate your trust in us. Uh we love working with you, and it is our goal to win all of your cases and kick the government's butt. Um until next week, we'll see you guys. Jess and Greg, don't hang up right away.
Um and we'll be out. Okay, I want to take out.
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