This video provides updates on multiple pending immigration litigation cases, including the DV 2026 litigation where briefing is complete and a joint appendix has been submitted, the 75 country pause case where the government filed a response brief to the motion for summary judgment, and the 39 country ban cases across multiple jurisdictions (Georgia, Maryland, Colorado) where the team is waiting for government responses and court decisions. The attorneys discuss the challenges of enforcement, the impact of the Dorcas ruling, and the ongoing battle against immigration policy restrictions, emphasizing that litigation requires patience and that USCIS must comply with court orders.
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IMMPact Immigration Update for June 17, 2026
Added:Hey everybody, great to be with you today. Charles Cook, uh Zach New, Jesse should be joining us here in a second.
Uh Greg is off at the same conference that I'm at.
Uh and he is preparing for his panel tonight. So, we're not going to have Greg's presence with us.
But, uh we can go ahead and get started.
Zach, how are you doing? How's the baby?
>> Doing good. Not in San Diego, so that's, you know, uh >> Not in San Diego, and Jesse's also not in San Diego.
Um but, to make you jealous, I know it looks like I'm in a hostage video.
Um that's what it looks like. But, I want you to know what I'm looking at here.
>> Wow. Is that your hotel room?
>> Um don't feel bad for me.
>> Is that your hotel?
>> I'm at the Marriott in my room at the Marriott, but my wife is using the room for a counseling session, so I have to be on the balcony.
Um they upgraded me to >> Is my wife her Is my wife her client? Is she talking to my wife in there?
>> No, I have no idea, though.
>> [laughter] >> She shouldn't be. My my wife is My wife is looking for a good one. Uh >> My wife is the best at that. Um >> I bet.
She's married to you.
>> I have some news to share, guys. Um but, let's let's hold off and just turn on go through the cases one by one.
Uh Jesse, I want to start with the DV uh round one of the DV 2026 litigation.
>> Okay.
>> Um can you let us know where we are on that? We get lots of questions about that.
>> Are we already in the thing? Like, are there people like listening to us?
>> Yeah.
>> Yeah, they're live, man. We're We're on.
>> Oh, okay.
I was just um yeah, so DV um >> [clears throat] >> so, briefing's complete. We submitted a joint appendix, um which is required after the completion of the briefing. We did that uh I think Monday.
Um and we're waiting for a decision. Um and we're we're we're out there. There I know um there there have been intermittent interviews granted abroad and in the United States. In the United States, USCIS has actually been a lot better with with granting people interviews.
Um but yeah, we're just going to wait for a decision here. And we're ready for it.
>> Well, I get all kinds of emails about this. First of all, they would say, "Well, what did What did Jesse do? Did the judge ask for it?" I said, "No, it It was the rule. We knew we had to do it. We submitted it. And of course, people want a copy of it. So, we'll we'll redact it and put it on the website.
>> Oh, yeah. It's the record.
>> I think they're concerned because Judge Leon I think it's Curtis's case is a week ahead of us, if I'm not mistaken, with with Judge Leon. And he hasn't ruled anything yet, but that's That's not unusual cuz he had to wait for the joint appendix to do that.
>> I mean, I think, you know, the My take just from doing some individual DV cases as well is the judges know that September 30th is the deadline, and they probably are like they know how many plaintiffs are in each case, and they probably just, you know, have they're busy, and they're probably counting back from September, and they have to write a decision that hopefully is not subject to appeal because that would be a killer.
Um and yeah, I don't expect a decision imminently. I don't.
I I I expect a decision in time for them to enforce the order if it's a favorable, but I'm not going to I'm not going to wake up tomorrow and check my inbox and think there's a decision in there. I I just don't see it. I think this is a hard case.
Um sort of.
Um I think it's a I think I actually I think the enforcement would be a lot harder than the actual legal aspects. I think the judge is going to have to think really hard about, "How do I enforce it? How do I the status reports, updates, plaintiffs with interviews, plaintiffs who don't have interviews yet, Um how do we factor that in because there are a lot of embassies and consulates that are not operating, right? So, you know, those are going to be our headaches to deal with and I'm ready for it.
But, I think the judge has to think about that stuff as well. So, you know, we're doing our best. We're handling what's what's in our control and um yeah, that's it.
>> All right. So, on round two, we're going to be preparing and filing this next week. Uh the last day to sign up on a DB 2026 litigation for round two is Friday.
Um we're going to I'm going to get that complaint drafted this weekend and we'll begin working on the plaintiff paragraphs. Uh talked to John already, so we we're going to be filing that early next week as we can. It will not be filed Monday cuz I'm in the same I'm in San Diego until Sunday. So, um but we've got a good model to go with and we do not know we do not know yet where we will file that.
So, I have to go through all the plaintiffs and see where we have a good number of plaintiffs that can justify filing that.
It wouldn't surprise me if we end up in the Northern District of California where we were five years ago on a similar case.
But, we'll go from there. That's the status of the DB DB 2026 case.
The next is the 75 country pause case.
And I want to tell you Jess, we the government filed a response brief to our motion for summary judgment.
Uh and Jess, I went ahead and read that.
And it was very good.
>> I mean, I don't want to I mean, you know, I like to talk about my team. I don't want to talk about their team. I mean, >> Well, I read Jesse's I read Jesse's reply brief which I'm sure he's getting ready to file shortly. And it's fantastic. And we'll we'll put both those up on the website. Again, we don't know when the judge will rule on it.
We hope sooner rather than later. Um but they I would simply tell you they don't have a defense to this.
They don't.
>> Yeah, I think they're in a difficult spot.
Um, you know, that that case out in Massachusetts is uh really strong and and that does really set the the ground rules um for what can be done and what shouldn't be done. And no, I think we'll I think we'll have success.
I think we're ready. I I would have I was trying to file today and we had a little bit of an emergency in something else. So, it will be filed. The other thing is, we don't get any extra points for filing early. You know, they're going to have one more bite at the apple here. So, um no, I mean Uh it's a consistent theme where judges don't like the shutdowns of programs.
And you know, and and this kind of 75 country thing is is a way of them trying to shut it down. I mean >> Well, the good news for them, he has a good You gave him a good reason to shut it down.
The fact that it has no basis in law. I mean, that's >> Yeah, I mean, no, we're good. No, we're I think I think I mean, I think those cases um are going to be coming at the government more and more on the the public charge 75 country. Um we Of course, that's part of our DV case as well. I think we're we're on good grounds there. And yeah, I mean, it's it's ridiculous. So.
>> I will update you on the 75 the the lawsuit on the visa revocation for the F-1s.
Basically, it's fully briefed on a motion to dismiss. There's not much we can do till the judge rules on that. And hopefully, we'll get that soon. I just can't give you a time frame. I know we got a couple plaintiffs that were really desperate to travel and I get it.
But, we can't we can't force a federal judge to make a decision.
You can't do that. And they don't want to be over Jesse made a good point. They don't want to be overturned on appeal.
So, they have to write a really solid terrific decision.
Uh and that simply takes a little bit of the to do.
I mean, I'll just go back to the DB case. Remember judge the judge in the DB 2019-2020 case? That decision was like 130 pages long.
>> Yeah.
>> This doesn't pop out of your head overnight.
Um so, >> there is that. [clears throat] >> I think I think the other thing too of these, you know, judges are probably thinking that maybe some of these policies would would be rescinded since they're losing and I think judges are falling into the trap that they are believing that some of this is really temporary and then they then they realize that it's it's um it's not and I will tell you like I think though the difference with the the F1 not only F1 view revocations. I mean, that's an important case. I think though but when we start getting into you know, like that's a 1201 um what is it? 1201 I or whatever and then we get we get into the 1182F. So, those are statutory grounds where I think the government's cases I mean, admittedly are stronger. I mean, we've been fighting, you know, the entry bans and multiple cases and you can see like even even the one that um was a was granted in the state's case on the H-1B fee, it was stayed and and so the battle continues.
>> about that. Let me tell about that just as an update cuz we're part of that case in California.
Why hasn't the judge in California made a decision? Maybe he thinks the government will make it go away since only 80 people have paid the fee.
Um and in their stay request in in Massachusetts or wherever it was um >> Yeah.
>> Basically, the government said, "Oh, woe is us if you don't stay this. All these horrible things are going to happen."
>> This is so [ __ ] stupid. I mean, sorry did I say that?
>> since only 80 people have paid the fee.
So, but yeah, the judge in that case stayed it until the 18th?
>> I think they stayed it so that they You go up to the first circuit.
>> Right. And I know that they've already filed in the first. Yeah. But you know, I don't I just don't see them I don't think I don't think the first is going to grant the stay.
>> have to go to probably have to go to Scotus and I think the Supreme Court will probably stay it which is why we need >> it five votes to say that it's going to stay.
>> Yeah, we need the we need the DC circuit and we need the um and we I hope honest honestly my my wish for 2026, besides world peace, is um for them to take up uh the state's case or our case or the DC case because I do think this is a tax and uh we just learned what a tax is and what it's not and I'd love to have it I'd love to have a Supreme Court case that cuts against Trump v. Hawaii because we know we're going to be living with 212F for the at least two more years.
>> Right.
>> And we need some help because we could also put in the visa issuance versus entry argument right before them and that um so yeah, I know the battle continues. I don't know Judge Gilliam. I mean I'm still on team Gilliam. I I don't know. I don't I don't know what to do.
Um he's he's a Massachusetts guy by the way. Um but I don't know.
>> All right, let's take a look at the 39 country ban cases, the Georgia case.
Now, I haven't even talked to Zach or Jesse since I got off the phone 15 minutes ago with the US attorney in our case and he So, it turns out that he of course so that you know, the US attorneys don't make decisions on cases.
It's their client.
Department of State, Department of Labor, you have a group. They make the decision.
Well, the decision maker on our Georgia case was apparently on vacation until today.
So, the US attorney could not even speak to her in until about 4:00 this afternoon.
Now, uh he realizes that he has a little problem. One, his response is due to our TRO.
Um I think tomorrow or Friday. I forget which day.
Um and of course he wants more time because his argument is, well, there is not a pause anymore. I said, well, you know they've appealed and they've asked for a stay in the first circuit.
He says, yeah.
Maybe they're going to snatch victory from the jaws defeat from the jaws of victory. Um, in and so right now what the situation is is he's probably going to file a brief response to our TRO that will say, hey judge, there's no pause anymore. All these memos are gone.
Therefore, there's no underlying basis for the lawsuit.
Except that it's not a final judgment, one.
Two, immigration has simply told the court in Rhode Island that hey, we're we're working on implementing your order.
Not the airplane anymore. Now, I was told today that they are trying to adjudicate cases and and a problem they had and this is just shocking that this was a problem is they have to put everybody back where they were in the line.
Now, I maybe the US attorney believes that.
>> What line?
>> necessarily believe that there's an actual line.
But supposedly, everybody will go back to where they were and be adjudicated accordingly.
Now, of course in our Georgia case, the remain the remnants of our Georgia case, we have 12 people without employment cards that well well well authorization through visas that filed long before expiration.
Long before >> Premium processing, too. You got some in premium processing?
>> Right. And premium processing. And those should be done immediately.
They would not commit they would not commit to do those cases.
>> Yeah.
>> So, you know, you know commit to do the cases.
>> I'm I'm going to tell you where this litigation is going to go and then Zach's going to tell me if I'm wrong.
That it's not enough and I know judges have kind of wanted to get rid of these cases and declare victory. There's nothing more to do here, but the real problem is unless we know that they are that they have put everybody who is put on the shelf for 6 months back in and adjudicates them in in a rule of reason.
The The people should still be filing I mean I'm not a big proponent of lawsuits. I'm not going to say just go file a case, but I think that the injury is is one that is still occurring.
Because they can't just say, "Well, the the hold is lifted." It's not the injury. That's like beating someone up and leave them on the sidewalk and say the beating's over. You're still injured on the sidewalk, dude. You know, you you know, we need to we need to get you to a hospital and fix you and remedy the injury. The injury has already occurred.
Now we're in the remedy phase. And if you don't and if you don't take action for a lot of these people out of work, H-1B pending, you know, STEM OPT, like they are they should have they probably will have to go to court and they will have to have keep suing because if you just say, "Well, the hold is no more hold." That's great, but that's not enough. It has to be hold and enforce or remedy. And um you know, I I don't know what their plan is on appeal. They're they're I don't want to project, but they're not going to get anywhere in the first circuit.
>> not going to get a stay. Um and so the government is probably going to file a short response that says what I said they're going to say. We will then file an immediate reply as quick as we can and ask for hearing. Because we need to >> Here's the big the big ask though. If anybody does have an adjudication, let us know immediately. Um I mean we have a lot of plaintiffs along among a lot of cases. You know, individually we have plaintiffs in um you know, our our own firms as well. I'm not seeing adjudications happen. So you know, they say >> There is some scuttlebutt about about a couple of There's a There's a couple of people I think in whether I don't know if all of them are plaintiffs or not, but I think I think they are. I have seen and I don't listen, I'm I'm not on up on the up and up on technology, but somehow people can check if they touch their case or whatever and I've multiple people telling me that they they've seen a lot of touching of their cases. So >> Well, if any of our plaintiffs have seen that, please let us know. Okay? We really want to know.
>> Now >> Actually, don't let us know that because I that one I get constant emails about and I can tell you that it somebody looking at it doesn't really mean much to us. What what I really I want to know is if something happened on your case.
>> Yeah.
>> That's that's what we need for the reply.
And yeah, and that's what I'm not seeing. That we were talking I think at the outset of this when this pause is lifted, we should see, you know, the floodgates open, you know, a million decisions get issued and you know, it's been yeah, 3 days since the USCIS acknowledged the pause, but it's been 2 weeks since the judge said it's vacated.
So and I'm not seeing the floodgates open and that tells me that there's either that they were slow walking the cases while the pause was in effect that's saying like, okay, we can't make a decision on this.
So I'm not going to put all my time and energy to this. I'm going to focus on the folks that I can make a decision for. Or they're still I don't know, just dragging their feet and they don't want to click the the send button on your approval notice because they think maybe they're going to get the stay or they're going to want to see what happens on the appeal. So and either way, that's problematic and that's the thing that we want to bring to the judge's attention.
And whether you're in Maryland or in Colorado, wherever you're at, we want to know that.
I'm going to tell you I'm going to tell you hold on for 1 second because I'm going to I'm going to I don't want to say this because I don't know if the government is watching. Maybe they bugged my house.
Best thing that could ever happen is they take that appeal and they and they go forward with it on the in the first circuit because I will tell you discrimination based on national origin is just not going to play well um in my neighborhood and it's def I don't even think it's going to play well in the Supreme Court. And I And I And if they take it there, if they take it there, that may be the best thing that we we can have for the next 2 years, 3 years for for people who are from countries that we want to, you know, not treat the same way as we treat everybody else. I I I mean, it is such an egregious policy that has no basis, right? Um, it's just I I don't know. God bless them because they need help. That That's a They should just take the win.
Of and say there's no hold, and then the next thing we're going to fight about is whether whether the remedy is long enough or not. That would be the the the play. Taking an appeal, oh my goodness.
Who's driving the car there? Come on.
>> Well, we know who the judge is who's driving that. So, who's driving that?
So, what about a Maryland case? Give us an update on the Maryland 39 ban case.
>> Um, so we've got two. We've got uh PI in in one of them in Raji. We've got uh the government responses what we're waiting for.
Um, they wanted an extension because of Dorcas. We opposed. They um filed anyway, and the judge granted that within like a second. So, I was like, "Oh, yeah."
We didn't have a chance to file something about our opposition. So, that was uh you know, real fun. But, government opposition at the same time I do um I've talked to a lot of government attorneys about this while I've got my cases going, and they are all pretty um clear that they are working with USCIS to try to figure out what they're doing about plaintiffs in these cases. And so, even if we're not having like, you know, direct talks with the government attorney about, you know, plaintiff X or plaintiff Y, um I I do believe that they are working on on trying to get people's cases moving because the worst thing if I was the government attorney is going into a TRO hearing or PI hearing and being like, "Yeah, I know that there's all these people who are losing work, and I know the policy is vacated already, but um don't worry about it more or less." Um, so I think that, you know, um um, we'll we'll start to, hopefully, um, based off of, you know, the OCS finally acknowledging the policy, start to see the, uh, the imminent harm folks, um, get adjudications.
Um, but anyways, yeah, Raji, waiting on government response. Um, Yida is the other one. We've got the TRO filed, and we're waiting on the judge to schedule something there. Um, it's been a long time.
Um, I have not entered my appearance on that case yet, so I have I don't think we have a attorney who's noticed her appearance either, but, um, yeah, we're waiting, and I think the the best we can do, unfortunately, with federal judges just kind of poke them and say, "Hey, um, remember this is here." And so, it's all we can can really be doing.
It's just say, "Remember we got a TRO pending at this point." Um, sometimes judges take TROs, and they say, "I don't think this is, uh, urgent enough." And they treat them like PIs, and maybe that's what's happening here, but it's it's frustrating that we still don't have, uh, movement from the the court after we put in the effort to get all this together to say, "Here are the folks with the most urgent harms. We need decisions immediately on all these, uh, applications."
And then I guess the last one is Colorado, where we had the hearing on the third, collecting declarations through last week, and then, hey lo and behold, Darkus comes out on the fifth.
So, um, last week we had a lot of movement. I So, I said I've been getting a lot of left and right about this. You know, I said we're going to file last week with the amendment with the declarations, but it would have been just a foolish move to have filed a an amended complaint on Wednesday with the declarations with the amount of movement that was happening with the Darkus case going on. You know, we've got government file something saying, "Hey, this is not a final policy." Plaintiffs are responding, and then Friday they got the judge, uh, finally says, "Hey, no, this is this is, uh, actual actually a final decision. You got to comply with it. And then USCIS issues a alert, you know, on the 12th. So, you know, we wanted to wait till we had some foundation for the lawsuit, I guess, kind of settled and we've got that now.
So, getting the Amadi um the amendment all all finalized and incorporating all the developments that have happened with Thorkis.
And we'll get that submitted ASAP here with the the declarations as well. So, uh folks don't need to be worried about I don't know the judge making a decision before the declarations go in or or anything like that.
We're on it. Don't worry. I just don't want uh I didn't want last week we filed something and it'd be completely out of date by the time the judge is even looking at the case.
>> All right. As I said, we got a bunch of questions here. Good evening. Hope I'm the only one in San Diego along with Greg.
Zach and Zach and Jesse are smart staying behind.
Um and I'm not going to see anything other than this hotel. Literally the airport for 15 minutes to the hotel, back to the airport on Saturday.
Uh any update on Chikwuba? We gave that update a few minutes ago.
>> No, wait. We didn't give the update on Chikwuba. Chikwuba, um we are getting the So, the government asked for a an extension on the response. We are bringing in a few extra kind of groups to I don't know make that kind of cohort a little bit broader.
Um and um so, agreed to that with the condition that we can bring in those uh additional parties. And so, that's happening imminently.
>> Yeah, and the government attorney just reached out today in that case.
>> Yeah, it's not like we've been um holding updates for you guys. Look, that was 20 minutes before this call.
>> Yeah, literally 20 minutes before the call a government attorney already reached out. Um the appendix, we will get that uh redacted and put onto the website hopefully this week, but it but uh John is here at conference as well. So, she's kind of in charge of that. might not get that done.
Are you guys winning any cases against 75 country pause? Jess, are you have a couple cases that you've prevailed on?
>> Yeah.
I'm getting ready to win. I got a couple that pending out in California, but you know, they're dead. I mean >> We're going to win this one. We're going to win this one, too.
>> I mean if my We're going to win it at some point. Yeah, for sure. Um, I think they need to walk that back. I don't know if they're getting a Marco if Marco's cleaning up the pool in DC yet, but you know, once he gets you know, done with that uh he should probably receive that policy. It's not going to be for long.
Um >> All right, how much time does the the government get on a reply in the Yela?
>> That is and they're beyond what the PI response time is. Um, it's um it's a weird situation. I'm I'm I would be out of pocket the judge to say what's going on? This is a TRO and they need to um they need to get something scheduled here.
>> All right, some Chucumba Chucumba plays have fiscal year deadline. Is it possible to request a PI or make it move faster?
>> Meaning that you're um Do you If you're If you're diversity visa um I mean, I'm going to be perfectly frank.
I don't know if we'll have relief by the end of the year for Chucumba cases because it is pretty distinct from the 75 country ban and I don't think a PI is in it's going to be successful in in Chucumba.
>> [snorts] >> Um and then if you got the DV case I mean so anyways, I I think that Is it possible? Yes. Well, we can talk about this kind of internally and feel free to email me and we can I'm sure about this one-on-one.
Um >> If that's an entry If that's an entry If that's an entry ban plus DV um you're really fighting multiple battles there. I don't know which which case is best for him, but I think that um it's a really heavy lift to get and the DV pause is probably going to be lifted, but those 212 entry bans best you can get is you maybe get the visa and pray that the 212 apps goes away in 6 months or less so you can actually use the visa. I mean, that would be the only way, but yeah.
>> Limited situations we've seen where there's folks are exempted from the present proclamations.
>> Yeah, yeah. Get the fear of religion religious minority something like that and there's a couple of others. So, yeah. Tough one. Mhm.
>> So, I mean anyways, email me about that if you want to chat about it in more detail because I know there's not a lot of space for comments on YouTube. So, I'll just do the contact page and then I'll respond to you.
>> So, can the Masood case lead to victory for everyone?
>> I would I would hope so, but I doubt it.
No, because it's we didn't ask for it.
>> for.
>> Yeah.
>> Uh with regard to Dorcas, are you going to ask for deadlines TROs for 39 country cases?
Uh >> We think we have just about every one of these now. Only one we don't is the PIs.
So, we >> I think we got to be careful. I mean, there were at least two two PIs TROs that were denied in Massachusetts after Dorcas. So, I mean, we have ours pending and we should keep them there, but >> Right.
>> I don't know I don't know that Dorcas is uh yeah.
The the golden goose that everyone thinks it is. It's great. We love it, but I don't I think judges are looking at it slightly differently.
>> What impact does the Dorcas ruling have in the Maryland pause litigation?
>> Pretty dramatic impact as it changes the kind of groundwork of this entirely, but um at the same time it's like we're talking about earlier. We're we're not seeing USCIS actually implement the Dorcas ruling yet. So, we need to see what actually happens there.
And then the next battle is is Jesse was talking about is getting you guys back in line or we watch for the first status.
>> I think the next battle next battle is for a while here.
It's going to be um getting people that to agree to a schedule on on to to make the plaintiffs whole.
And and that's where we probably have to start thinking about ways we can help everyone cuz if if Dorcas is is is the law of the land perhaps then it's really going to be about status reports and getting our people adjudicated um within and getting the people who I know everybody needs it yesterday, but you know, especially people who are out of status or out of work and then the 45s which I think are going to be their own separate battle.
Um >> All right, when is the hearing scheduled in round three of the country ban litigation? Uh Didn't we already have a hearing?
>> No, no. Round three is No, no, no. Round two is Colorado. Round three is round three.
There's no hearing scheduled for there yet. Um different courts schedule hearings in different ways. Um so like uh if you were in California for example, they make you just put a like schedule time on the calendar. You just you slot yourself in.
Um Colorado, I had a call with the court in the uh government attorneys at the very outset of the case and we got everything scheduled. Um other times they say, you know, we're going to wait until everything's briefed and this is what happened in in Georgia as well. Uh wait until everything's briefed and see if we want a hearing and then if if we do, then we'll we'll throw you on the you on the calendar. And that's what Maryland's like here. So um they will put us on the calendar if they want one.
Um otherwise they'll make a decision just on the papers that we file.
>> All right, John 868H5D says there's zero chance you get US adjudicated in on deadline.
Should we withdraw from your lawsuit now before PI if we want to file amendments?
>> Should Seems like he answered to own question.
>> Uh, also there's it's not because uh, there's a lot of things you can do to force the decision uh, force USCIS to make a decision after the PI has been issued. Um, motions to enforce, motions for contempt, things like We talked about this. I feel like every live we do we we talk about this. Um, USCIS has to comply with court orders and um, yeah, this is not a mandamus case so we're not requesting that you're expedited but >> You can file a mandamus now. You don't need to withdraw. We didn't file a mandamus.
>> I mean you can also, you know, do expedited requests, you could do premium processing, you know, all those are available uh, at this moment uh, but but yeah, the fact that uh, there's not a specific deadline requested in uh, PI or in a uh, a complaint doesn't mean that USCIS can just ignore it.
>> Yeah. I mean also like where are you, right? Where do you live? Where's your benefit pending? What venue you in?
Um, you know, I don't know.
>> that need to be answered before you can answer that question.
>> Yeah.
>> Is it too early to give the Judge Leon a nudge? Yes. Cuz he should >> [laughter] >> have the first to the complaint.
>> Yeah, I'm not giving that guy a nudge.
That guy's freaking >> You want to piss him off, you give him a >> legend, dude. Yeah, a a nudge for what?
Like I if like like we've said this story before, they did 9,000 visas in in in August of 2020. Like they know how to get if the judge wants it done, the judge will order it done. You got to keep in mind too like I judges have a lot of they're not they're not immigration like focused. There's a lot on he's doing the ballroom case, he's got that to deal with. I mean leave >> He's got over 150 cases.
>> Oh, absolutely. I mean leave him alone.
We, you know, I I think um, yeah, I I think that your anxiety will probably go up and up and up until September 30th but like the reality is we really do control our schedule and we've given the judge what he needs to make a decision if he wants to rule for us.
>> Nita is asking for some news on the EAD adjudication in Georgia. I already gave that update, so you can scroll back and see that earlier in the broadcast.
Why hasn't the government filed a motion to stay in the Dorcas case?
They have.
At the first circuit.
>> They filed a motion to stay. I think they filed a notice of appeal, but I don't think they filed a >> Today the US attorney confirmed to me two hour an hour ago that in fact they have filed for stay in the first circuit.
>> Well, there we go.
I haven't I haven't focused >> they will get it.
>> I haven't focused on this, but I mean, are they are they taking on the nationwide impact only or they like the I they can't be taking on the merits. I mean, oh my god. I mean, honestly, screw this.
>> biggest hurdle of all has been that it's going to be the organizational standing is what they're going to be going after on appeal, but >> Maybe. Yeah, I I think the nationwide, you know, vacatur and and and but Kavanaugh kind of already hinted that like that was okay under the APA. I I don't know. Um I Yeah. All right, good luck. Well, yeah.
>> This is was wondering how you negotiated immediate relief in the third round of the 39 country case.
Was relief requested for everybody or only for those expiring status?
>> So, if you're talking about for >> This is the third round. This would be >> Third round, sorry.
Um so, there's folks who have the immediate um like I am out of work right now or I'm going to be out of work immediately.
Um those are the people where we're like, "Hey, will you just adjudicate these cases?"
Um and then we've got the PI moving forward for everybody else. Um but there's um kind of a multiple levels of of urgency and I I've got the I got an email last night saying there's kind of a conspiracy theory that we're like only focusing on people who have immediate urgent relief and then we're going to just throw everybody else to the wayside. You know, that's >> Oh, did you get that email, too? Did you get that email, too?
>> Yeah.
>> Yeah, so I don't know where that came from.
>> I don't know where that came from. Yeah, you We're apparently not um Yeah, we don't care about anybody who doesn't have an immediate like immediate harms. That's not true. Um we're definitely like pushing We're pushing to get the folks who are out of uh status and who have, you know, lack of lack of work authorization, you know, get them back to work. But that doesn't mean we're like ignoring everybody else and we're going to just you know, say, "Oh, well, okay, you can just wait for your priority date to become current."
>> I will tell you, too, like I think um you know, the problem with shutting stuff down for 39 countries for 6 months is that you're going to cause a problem, a capacity problem.
And um you know, it's a it's we're going to have to dig ourselves out of this together and I would hope USCIS wants to join us in that, but it's not going to be the lawyers' fault.
Because you have to understand, there's now a a 100-car pileup on the highway of people that they've ignored for 7 months and that's not our fault. That's their fault. And um we're going to do our best to dig out, but it's a monumental dig because they created an absolute mess.
>> Absolute mess.
Um I already updated AgileBoy, updated the government's uh the coverage I had.
Position EADs. Anita's talking about the Georgia case. Again, I brought that up that these are several positions that we have. We need the EADs.
The government lawyer is very sympathetic, but he is not their client.
>> Yeah, they need to They really need to They really need to do their job on those, so.
[ __ ] bastards.
>> Okay, any news on this on administratively closed case. That's not a thing. That's something we're litigating. All I can tell you is they're still reopening cases.
Um what's the update on discussion with opposing counsel for immediate relief? I I assume you're talking about Georgia and I already gave that update.
Um, government lawyer keeps got Mickey say your case is processing normal even not acknowledging. Are they now using the ruling in our lawsuits, too?
Okay, I think I I think they're Yeah, they're probably saying like, you know, I don't know that we know what normal is. Like normal to them or normal to you or normal to me. Um, normal to them is doing nothing. Normal to me would be processing within the historical time bands.
And normal to you is probably yesterday.
Yeah, but not for them.
Somebody asked why the government >> status screens the case status screens only have so many things that they can say. So, when they put you back to your case is processing normal, that's just they can't like customize the the thing saying, "Because of Dorcas, we've unpaused your case." And all all that kind of stuff.
>> Government lawyer is now entering their appearance. Um, I understand that the country ban has been removed, but no movement has been seen. Any updates for physicians?
None. We've seen We We know We are aware of the July 1 deadline for many physicians. Um, >> Yeah.
>> and as as I assume this according to Dorcas is because I know we talked about it before, but um, all I can tell you is we will continue our communications with the government as much as we possibly can.
>> Yeah.
>> Um, anyway and Yela, any way to ask the judge to request a status update?
>> And it's not really requesting a status update from USCIS. It's more like, "Hey, um, can you schedule a hearing on this more than anything?"
>> Okay, Lockman needs us to require results after the Dorcas case.
We need adjudication and that's it.
>> Yes.
I agree with that.
>> Yeah.
>> They're not waiting in a They're not waiting in a I love these.
Hold on. I I I got to read this. Can I read the last part?
We are not We're not waiting in a dark room with no updates.
I I would open up the shades, get into the light, get some sun, and and we don't have we won't give you any updates.
>> We're not going to give you updates when we have no updates. I mean, we will tell you as soon as we know anything, just like we did today.
Literally within 15 minutes of talking to the US attorney. So, >> But don't don't sit in a dark room.
Like, what are you doing that for? That makes no sense.
>> When he says there's no pause anymore, you may ask about the stash report to the Georgia killing. Trust me, we're we're We had that conversation. Maybe you think that I'm stupid and that I don't anticipate these questions.
Maybe [snorts] you're right.
But I anticipate these questions.
>> I think the I think the reality is this.
If you have a hold for 7 months and you have a judge vacated on a Friday and it's Wednesday, and you have how many cases do you think were on pause? I mean, this is this is serious question. Like, let's answer a real question. How many EADs do you think are sitting there from these 39 countries? 100,000? 200,000?
>> I think it's several hundred thousand cases.
>> I think it is, too. And I think that yes, it's a 2-minute time like requirement, but somebody has to go in there and physically do it, I think.
Right? An officer has to do it.
So, that I don't think this is going to be an easy fix. I I I mean, I I I hate to say that. I hate to say that, but >> I will tell you that we did, in fact, ask for a very specific deadline in the most recent Georgia case in our TRO.
We asked for all cases to be done in 72 hours from the order.
So, we did ask for very specific deadlines.
Um let's see.
Expected timeline for the I can't give you a timeline.
>> Yeah, that's a that's a really hard case.
>> submitted.
>> don't exist.
>> That's that's a super hard case, too.
And I that's a real disaster what happened in those F1s. But like that is a that's like our case up there on the visa ban for the Iranian students. Like that is such a hard case.
>> Right.
>> To to explain to the judge. I mean, you have to understand, these judges read everything.
And it it just takes time. This is unfortunate, but it does.
>> This is a really good question. What do you mean? Explain what about being put in the back in the line means.
>> Yeah.
>> It's a really good question. Because this is what I think the judge in Dorcas wants to have happen.
I think every other judge wants it to have happened. So if you were number 33 >> Mhm.
>> and they've already done 34 through 40 >> Mhm.
>> you should be at the front of the line.
>> For sure.
>> That's what that means.
>> Yeah, for sure. They they should do it by I mean, for some people it should be priority date. Some people it should be be receipt date um or received date. Um I don't know that they have a way to do it though.
Right. Remember like in DV, they were going to redo their whole software to figure out who was going to get visas cuz there were too many people >> Yeah.
>> um than there were visas available, right? So like they were like, "Oh, we have to spend $2 million getting our software." I mean, how do they put the line back together, right? How do they put Humpty Dumpty back together?
>> So uh you don't see any adjudication.
Why don't you push the judge?
>> Yeah.
>> Brooke Dorcus and Shabana BW8 uh why don't you call the judge and see what >> No, don't do that.
>> Dorcus shows up >> Do not do that. I had a client the other day who emailed the US attorney. I was like, "Oh my god, you cannot do that."
Don't do that.
>> Okay.
You just got to This is litigation. This is not magic.
Litigation is patience.
>> I mean, it's it's like I said, it's Wednesday after the day finally let the gate open a little bit. I think you're right to be frustrated, but Yeah, I mean we don't we're not in a control right now.
>> question. How can the US be held accountable? This This is the problem when the government does stuff like this.
>> Yeah.
>> Holding them accountable is almost impossible. Nobody's going to jail.
Nobody's getting fined.
>> Not yet.
>> Nobody's losing their job.
Okay? You are paying the price for their incompetence, for their intentional delay.
>> I've had a number I've had a number of consoles and I'm just going to say it because I think it's not we're not we're not we're not really looking at the elephant in the room. The reality is they want less people here. I'm not so sure they want me here.
So a way to They're not going to change course. They're going to try a way to delay everybody, including those from countries that they really don't like.
So they they're trying to really break the system and destroy people and remove people. So I don't know that accountability is a 2026 thing. I think survival and persistence is a 26 27 28 thing, but like we need to understand what the what the goal plan what the plan is from from the government unfortunately right now. And it's like survival.
It's not about accountability yet.
That's a different phase of the cycle.
>> Hopefully that's in 2029.
This is a really good question. I mean, could they just go to SCOTUS and get a stay? No, they always have to follow the rules. So they have to go to the circuit first.
I don't think SCOTUS gives a stay in the in the pause cases. I don't.
>> I think they I think they do.
>> In the pause cases?
>> I think cuz the the nationwide thing, I think they'll think that's something they really have to look at closely. I think they will. And then it is going to be the district court judges are going to say, "Oh, okay."
And there's going to be a flurry of orders. And it's it may not be the worst thing in the world because now district court judges are saying there's no work to be I we don't have to do anything.
Dorcas is Dorcas is the law of the land.
Our job's done.
But I think that's that's why if they go to if they go to SCOTUS and get that stay, district court judges are going to have to get the message and they will.
Uh oh, all right, 7 days. 7 days. 7 days. 7 days. And they're going to have to order these order USCIS so USCIS better be careful what they wish for.
>> Yeah.
Um and this is true. This is a David Cook is going to go right. They they want a slow walk. Okay.
Are you able to do group mandamus case?
Group mandamus is I'm going to tell you not necessarily a good idea.
Cuz a mandamus is a very specific act which looks very specifically at how long case has been pending, how long cases take to adjudicate.
There's no good place in the country to file a group mandamus. Those are really individual cases.
>> You got to you got to also think about like I mean, if you don't have the whole policy, you got to think about like if it's discretionary relief. An EAD is discretionary, a 45 is discretionary, and H-1B is not. They have to they have a duty there. But if there if it's discretionary, your risk of getting dismissed is not zero. It is high. And judges will say, "I have no authority to push anybody on a discretionary deadline. Sorry." That's why the policy >> the 11th Circuit, the 11th Circuit, you're not going to get that on the discretionary deadline. So Uh somebody wants to know when the hearing is scheduled in round three of country ban. It's not scheduled. We'll let you know when it is though.
>> It may never be scheduled.
>> It may never be may never may never may never never be a hearing. Not not every case gets a hearing.
Can you ask for status report? So here's again, I'll go back to the Georgia case.
The government's going to file a response to the TRO. We will then file a reply and in our reply we will ask the judge to simply order the the approval of these cases. They clearly there's no pause. We've already waited long enough.
The remedy is to issue the visa issue the issue the EAD. So we will be doing that.
Um.
All right. Hopefully this will happen if it does the judge may rule against us in a second lawsuit as far as we can find a lawsuit in a different state. We will not be filing DV round two in DC.
>> You can't I mean you can't. I mean where where are you going to file? I mean you have to have an adjustment candidate there. Um.
Um.
Yeah. Um but no.
Um I I would tell you a quick story on DV. I had a guy yesterday had his DV adjustment interview.
And um.
The officer was like super nice. They usually are really nice. They want to approve. That's why they took the job.
And he's like.
Yeah. I just I'm just going to I'm just going to have a right here. And he's like if I if they if whatever whatever gets resented I'll rule for you. I mean he doesn't know he didn't know that we have a litigation ongoing for that for that family but. Um. I think.
You know a lot of the officers are scheduling these interviews and even abroad I think they really do want to issue these visas. DV visas are not hated as like what the government is looking for so.
>> people hate them.
>> Yeah. So I think I think we I think they could have a lot of adjudication ready cases. That's what I'm I guess what I'm trying to say.
>> Uh do you know the deadline for the government to respond in the Raji Marylin case?
>> I don't know. It was like two weeks from last week so maybe I think probably like next week.
>> Next week? Probably next Friday?
Um.
Did all of us submit the second declaration in Colorado? How bad is it if we forgot?
>> I don't know if I can say.
>> the most important thing in your life?
>> Send it to me immediately. Um like truly like immediately send it to me. I don't know.
It is a big deal. So, send it to me. Uh, like now.
>> OPT application, Dirk, should we do premium processing?
I mean, there's a 15-day rule if you pay the premium processing. I would do it.
There's no current pause.
>> Yeah.
>> So.
If they claim there's no pause, why are they still fighting? Well, their position is that there is no fight.
There's no fight. There's no case.
That's going to be their position.
There's no case. There's you you're arguing about something that doesn't exist. The pause doesn't exist. What are you fighting about?
>> Two judges bought it. Two judges bought that argument.
>> Yeah, well, that may be the case. We'll see what Judge Boasberg does.
Um, have you guys heard about any benefits approvals not related to any lawsuits since the pause was lifted in Darkus?
None.
I mean, I'm on a lot of listservs. I'm on a lot of listservs.
>> I mean, I only I only do litigation, so I'm not going to hear that.
>> No, I well, I'm on a lot of I'm here at the conference.
Talking to nobody. Nobody.
Um, let's see. As a plaintiff in the Masood case, should we redo our medicals and upload new financials? I saw that we requested that the new medical be extended. No, you should not do new medicals.
You should not upload new financials.
>> No. No.
>> And this case is close to the war.
What war? I thought the war was over.
Wait, there never was a war. It was settled 40 times.
>> That's going to be a big problem.
>> Yeah.
We'll see.
Um, if anyone gets invited to interview and wish to engage you guys immigration be present, how do you arrange for those in LA and Fresno? I would refer to a couple colleagues of ours in Los Angeles and Fresno that we trust. Uh, we know we know great lawyers all around the United States that can that can attend with you that we trust to go with you.
>> Go with an attorney.
>> Who is an attorney? Who is a good attorney?
>> Yeah.
>> What is your assessment of the likelihood the 100,000 will be survived through 2026? Remember, the fee ends on September in September.
It's only good for this fiscal year.
So, it may be over in September.
>> Yeah, I think it's I think it's probably 60/40 our way, but that 40% is, you know, pretty substantial.
>> it. You know.
>> It's a hard It's a really, really hard case.
>> Um Is it affecting the filing So, basically I will tell you this, I had two colleagues on emails today and a listener say they filed an H-1B electronically that would have needed the fee and it was accepted without the fee today.
>> Hm.
>> So, Stephen Miller, otherwise known as Gollum, uh took the 39-country ban to court. He tweeted about it.
>> Yeah, well He's still wait- He's still waiting to go to law school. So, he has a he has a BA from Duke, which, you know, means a lot less to me now than it used to.
>> Well, than it used to, right? I mean, so >> Yeah, so he he Yeah, he may think he's in the Supreme Court.
>> not a lawyer, by the way, in case you didn't know.
>> He's He's in the Supreme Court of Hell, is what he is, cuz he hates himself, so that's enough with him.
>> OPT people, in my opinion, should do premium processing right now.
Uh Okay.
Let's see. Confidential. We have talked about nothing confidential in our cases.
Nothing.
Nobody's individual cases have been discussed. So, >> even I don't even know who the who the who the people I'm talking about. I mean, what who what person have we talked about?
>> Sorry, there's a helicopter flying into the Let me mute myself.
>> For the first circuit, is it a given Justice Jackson?
No.
No, I um No, but that she doesn't have total control of that state docket.
>> Sorry about that.
Um >> I think the question was how does like Justice Jackson because she's a first circuit >> see the whole court. Well, she kind of has to. I mean, that's just >> Yeah, I mean it's she can't hide it.
>> hide it.
Oh, I don't remember seeing that one.
Sorry, Justice.
>> She's she's also the rookie, so yeah.
>> Okay, if if there's a stay in the Dorcas case, then our case is continued.
I actually don't think there's a final decision.
>> Don't actually don't think that's the worst thing that could >> think so?
>> I know, I don't think that's the worst thing that could happen is what I'm saying.
>> No, I don't think it's the worst thing that could happen.
>> I think I think Dorcas is actually being used by judges to act as a shield or slow down cases. Yeah, I mean it's >> If it's stayed, it doesn't hurt us.
Um Is it possible for a family case in my name? Yeah. You mean, if you're a family beneficiary of a case >> Um but it depends. Like, what do you >> Depends on how long it's been pending.
>> And it's Well, the I-130 is mandatory.
So, you can definitely get them I-130, but if it's a 45, you can include it, but you got to be careful. I think you have good grounds to get the I-130 approved and it will. And then it's a fight over, you know, if they try to bifurcate like if they try to divide the I-130 and 45, which is wrong. They never do that, but they'll try. Um you really have to have convincing judges out there discriminating against your family.
>> David Cookie, um I know that we're that we did We filed a PI. I mean, that's that's that's for this specific reason.
Our team filed for this specific reason.
So, we'll see what they say.
>> information directly to the government counsel also. We we didn't just file a PI. We also said, "Hey, here's a bunch of people." So, it's not like we uh >> Yeah.
>> So, somebody said Cook said in the library he will ask for a in my suit. I think I said I would ask for a hearing if we think we need one.
All right, not because >> I don't think I don't think we I I don't think we asked him not to have it. It's just that I mean have it or not have it. I I mean >> So, if if we need one, we'll get one. If not, and the judges can say no as well.
Okay.
All right.
Let's see.
People are really focused on the Yila case and the government lawyer we Again, there is a government lawyer. We I I >> Yeah.
>> exchanged emails with them today.
Um >> One of the things is that if you're a lawyer on the other side, you're not necessarily going to just enter your appearance um if you don't have anything to do. It's It's pretty common that they'll enter their appearance and then file something. So, if you you don't have an immediate um filing to make, you're you'll be assigned to the case, but you won't be uh entering your appearance on Pacer.
>> So, when nothing appears on Pacer, how do you say they filed stay in Dorcas?
Because the government lawyer told me they did.
That's how I know.
>> Yeah.
>> Um Let's see.
Do I recommend a mandamus on the 765?
Well, I'd wait a couple days until we can get some resolution from on the TRO, but you're welcome to file a mandamus whenever you want to.
>> Yeah, I just think that is so stupid. I mean, I don't understand that idea though. Like, I don't understand the second case idea.
>> You know, it takes 60 It takes at least 60 days to get a response to a mandamus.
>> I I just don't get I just find it hard to believe that someone would do like I mean, this case I'm going to hire another guy or I'm going to do a If you do a pro se, you might as well you know, have an idea and just cut it up in a bunch of pieces cuz that's ridiculous.
Don't do that.
>> This This is for you, Zach. How long should the declaration be? Three or four sentences?
>> [laughter] >> Your introduction should be three or four sentences.
>> We sent out an email.
>> you a sample.
>> It had a template. It had a lot of bullet points of things to consider.
Please, give me a detailed statement. Um we don't This needs to be This is important for you. Like, this is really, really important for you. So, so take the time.
>> Yeah, if you don't have it, you know, yeah, it has to be a little bit longer than that. Yeah. Sign it.
Make sure you sign it.
Make sure you read it.
>> In the worst case scenario would be considered selfish to ask Judge Leon to at least order the issuance of visas.
Look, yes, one is selfish. Two, it's not going to happen.
>> Hey, I've done worse. Like, the worst case scenario would be that he says that they can pause DV and end it for this year. So, I don't think that he would ever um do something kind of separately.
>> All right. Um let's see.
For an H-1B candidate outside the US who received a job offer, what should employers recently assume about the 180 days?
Well, unless there's a stay, there's no 100 that Well, there's a stay. There's a stay in place. So, that's what you should assume. There's a stay in place.
Don't lift There's a stay.
>> I would just wait. I mean, again, I I would probably if you if you if you have a 10-1 start date, why wouldn't you just chill for a sec, right? Is this count >> problem is if you were selected in the lottery, you have to apply by June 30th.
>> Oh, no. It's Oh, he's saying file the I'll I'll I mean, file the petition, get the RFE, right? I mean, >> Yeah.
Well, unless they just reject it outright for no fee. But, I did told you that two people filed it today electronically and got got a receipt notice.
Um Next step in the Yulissa case, any Anyone from your team going to reach out to the judge? Nobody reaches out to a judge.
Okay? There is timelines in cases.
>> Yeah.
You know, why would we do that?
>> Zach, you mentioned that the updated declaration for the Cottle case would be filed by last Thursday. Yeah, Zach already talked about this and why they weren't for a very good reason.
>> So just to reiterate for anybody who didn't join like Dorcas happened. Um there was a lot moving on like what was happening with uh like the foundation of our case. So if I filed the amended complaint on Wednesday let's say and the government had just filed a thing saying, "Hey, we don't think that the um the court's order in Dorcas's uh is valid." And then uh that's like the that's our complaint. That's what our our case is based off of. So I don't want to file something before we have the foundation of our case like a little bit settled. Um so we're at that point now.
>> I think it's an important time. It's we got 3 minutes left to talk about the life cycle of a litigation client because I I say it all the time. It starts off "You're the only one who can help me.
How much does it cost?"
They love you. They sign. You do what you're told. Then they hate you until you win.
And then they never talk to you again.
And we're in the I hate you phase.
And we just have to embrace it. And you embrace it out there in the audience cuz we know what phase you're we're in.
And then when we get you the benefit, you're going to say, "Thanks. I'll never talk to you again."
Um and that's just where it goes. Some I mean we get it.
>> Iman wants us to send a confirmation if we received his declaration for the caught off case.
I will answer that. Zach is not sending confirmations. If you did if you send it in, we got it. If it's electronic, it didn't magically disappear in the ether sphere. We've no capability to spend time sending all those emails saying, "Hey, we got your stuff."
Sorry.
That's just not going to happen.
>> I will never file anything I have to do that. I'm sorry.
>> All right.
Um Excuse me.
>> And we did answer your question on med.
I told you not to file medicals, not to do medicals, and not to do not put new financials.
And of course we have Peter in the audience. He wants us to be like Curtis, buddy.
What are you talking about? There's no stay filed. Stop lying to these people.
Thank you, M. Chitman 1166.
You have no idea what you're talking about.
>> Maybe take some notes.
>> Not a problem.
And Britt Simon, who we love, um it's the hate you face.
That's it for today, everybody. Great talking to you. We'll be live next Wednesday. Uh same bat time, same bat channel. Hopefully we'll have some more news within. If there is breaking news on any of the individual cases, we will reach out to you by email before then. And again, all please send all communications through the website, uh because we it's it's how we track how people uh communicate with us. Much easier for us to do it that way rather than direct emails. You all have a great week. We'll see you next Wednesday.
>> Bye, Chuck. All right, Zach.
>> Mhm.
>> Mhm.
>> Mhm.
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