Case: E.B. v. U.S. Department of State

1:19-cv-02856 | U.S. District Court for the District of District of Columbia

Filed Date: Sept. 24, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging a 2019 immigration rule requiring individuals to have a valid passport before entering a lottery to win the opportunity to apply for a visa. The Immigration and Nationality Act of 1990 established the Diversity Visa Program (8 U.S.C. § 1153(c)) to diversify the United States’ immigrant population. The program allowed the State Department to issue 55,000 diversity visas annually to individuals from countries and regions that historically sent fewer immigrants to the U.…

This is a case challenging a 2019 immigration rule requiring individuals to have a valid passport before entering a lottery to win the opportunity to apply for a visa. The Immigration and Nationality Act of 1990 established the Diversity Visa Program (8 U.S.C. § 1153(c)) to diversify the United States’ immigrant population. The program allowed the State Department to issue 55,000 diversity visas annually to individuals from countries and regions that historically sent fewer immigrants to the U.S. To apply for the program, participants first had to enter the Diversity Visa lottery. In 2018, over 14 million people entered the lottery. A computer program would then randomly select about 100,000 applicants who were allowed to apply for a visa. About half of those applicants would receive visas. On June 5, 2019, the State Department promulgated an interim final rule (the “Passport Rule”). Before the rule, individuals did not need a passport to enter the lottery and only had to obtain a passport if they won the lottery and still wished to apply for a visa. Under the Rule, individuals were required to possess a passport before entering the lottery. The Rule became effective upon publication.   

On September 24, 2019, four individuals who did not have the financial resources to obtain a passport before entering the lottery filed a complaint and moved for a preliminary injunction in the U.S. District Court for the District of Columbia. The plaintiffs sued the secretary of the U.S. Department of State in his official capacity under the Administrative Procedure Act. Represented by the Institute for Constitutional Advocacy and Protection, the plaintiffs sought declaratory and injunctive relief, as well as costs and attorneys’ fees. They claimed the State Department violated the Administrative Procedure Act when it failed to publish a notice of proposed rulemaking in the Federal Register at least 30 days before Rule became effective. The case was originally assigned to Judge Ketanji Brown Jackson but was reassigned to Judge Timothy J. Kelly when Judge Jackson was elevated to the U.S. Court of Appeals for the D.C. Circuit. 

Judge Kelly denied the plaintiff’s preliminary injunction motion on November 4, 2019, holding that the plaintiffs failed to show a substantial likelihood of irreparable harm because the lottery was repeated yearly and the plaintiffs could reapply if the rule was later overturned. 422 F.Supp.3d 81. However, Judge Kelly disagreed with the defendant’s argument that the plaintiffs’ harm was self-imposed because their friends and family could help them pay for passports, holding instead that the plaintiffs established a substantial likelihood that at least one of them had standing. 

The plaintiffs filed an amended complaint on January 3, 2020, dismissing an individual plaintiff who did not face insurmountable financial obstacles to obtaining a passport. 

On January 30, 2020, the defendant moved to dismiss the case, and the plaintiffs then filed a motion for summary judgment on October 7, 2020. Judge Kelly issued an opinion on February 3, 2022. 583 F.Supp.3d 58. He vacated the Passport Rule, denying the defendant’s motion to dismiss and granting the plaintiff’s motion for summary judgment. The court held that the State Department could not use the foreign affairs exception to justify its violation of the Administrative Procedure Act’s notice-and-comment procedures, because the Passport Rule was not the product of any international agreement and therefore did not directly involve international relations. He also held that publishing the rule in the Federal Register and allowing the public to comment after it went into effect did not satisfy the notice-and-comment rules of the Administrative Procedure Act. 

The case was ongoing as of April 22, 2022. 

Summary Authors

Laura Irei (5/2/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16238461/parties/eb-v-us-department-of-state/


Judge(s)

Kelly, Timothy James (District of Columbia)

Attorney for Plaintiff

Backer, Jonathan L. (District of Columbia)

Attorney for Defendant

Faso, Alessandra (District of Columbia)

Girdharry, Glenn M. (District of Columbia)

Gruzenski, Nairi Simonian (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:19-cv-02856

Complaint for Declaratory and Injunctive Relief

E.B. v. United States Department of State

Sept. 24, 2019

Sept. 24, 2019

Complaint
21

1:19-cv-02856

Memorandum Opinion

Nov. 4, 2019

Nov. 4, 2019

Order/Opinion

422 F.Supp.3d 81

27

1:19-cv-02856

First Amended Complaint for Declaratory and Injunctive Relief

E.B. v. United States Department of State

Jan. 3, 2020

Jan. 3, 2020

Complaint
50

1:19-cv-02856

Memorandum Opinion

Feb. 4, 2022

Feb. 4, 2022

Order/Opinion

583 F.Supp.3d 58

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16238461/eb-v-us-department-of-state/

Last updated April 14, 2025, 11:53 a.m.

ECF Number Description Date Link Date / Link

Case Assigned to Judge Ketanji Brown Jackson. (zeg)

Aug. 7, 2019

Aug. 7, 2019

PACER

MINUTE ORDER granting 3, 4, 6, 7, 10 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Anand Balakrishnan, Lee Gelernt, Trina Realmuto, Kristin Macleod-Ball, and Stephen B. Kang are admitted pro hac vice in this matter as counsel for Plaintiffs. Signed by Judge Ketanji Brown Jackson on 8/8/2019. (lckbj1)

Aug. 8, 2019

Aug. 8, 2019

PACER

MINUTE ORDER. The Clerk is directed to change the nature of suit code in this matter from 465 to 890, and to remove any public access restrictions to documents that have already been filed. Signed by Judge Ketanji Brown Jackson on 8/8/2019. (lckbj1)

Aug. 8, 2019

Aug. 8, 2019

PACER

***Attorneys Anand Balakrishnan, Lee Gelernt, Trina Ann Realmuto, Kristin Macleod-Ball, Stephen Bonggyun Kang for LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK and WECOUNT! added. (jch)

Aug. 9, 2019

Aug. 9, 2019

PACER

Set/Reset Hearings: Telephone Conference set for 8/13/2019 at 4:00 PM in Chambers before Judge Ketanji Brown Jackson. (jch )

Aug. 13, 2019

Aug. 13, 2019

PACER

MINUTE ORDER granting 15, 17, 18, 19 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Omar C. Jadwat, Susannah Geltman, Joshua Polster, and Jonathan K. Youngwood are admitted pro hac vice in this matter as counsel for Plaintiffs. Signed by Judge Ketanji Brown Jackson on 8/13/2019. (lckbj1)

Aug. 13, 2019

Aug. 13, 2019

PACER

Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Telephone Conference held in chambers on 8/13/2019. (Court Reporter Nancy Meyer.) (zgdf)

Aug. 13, 2019

Aug. 13, 2019

PACER

MINUTE ORDER. In light of the representations made in the parties' 20 Joint Statement on Scheduling, it is hereby ORDERED that the following briefing schedule is set regarding Plaintiffs' 13 Motion for a Preliminary Injunction: Plaintiffs shall file a supplemental brief on jurisdiction of no more than 15 pages on or before noon on 8/21/2019; Defendant shall file an omnibus opposition of more than 60 pages on or before noon on 8/28/2019; Plaintiffs shall file a reply of no more than 35 pages on or before noon on 9/3/2019. It is FURTHER ORDERED that a Motion Hearing on Plaintiffs' 13 Motion for a Preliminary Injunction is set for 9/6/2019 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 8/14/2019. (lckbj1)

Aug. 14, 2019

Aug. 14, 2019

PACER

MINUTE ORDER. It is hereby ORDERED that Defendants' obligation to respond to the complaint shall be suspended during the Court's consideration of the merits of the motion for a preliminary injunction. Defendants must answer or otherwise respond to the Complaint within 14 days after the Court issues its order on the motion for a preliminary injunction. It is FURTHER ORDERED that if any parallel litigation is pending, the parties shall keep the Court fully apprised of the status of such ligation, including notifying the Court within 24 hours whenever a document is filed, a hearing is held or scheduled, or an order is issued in that litigation. Signed by Judge Ketanji Brown Jackson on 8/14/2019. (lckbj1)

Aug. 14, 2019

Aug. 14, 2019

PACER

NOTICE OF ERROR re 24 Motion for Leave to File; emailed to laura.faer@doj.ca.gov, cc'd 25 associated attorneys -- The PDF file you docketed contained errors: 1. DO NOT REFILE - FYI parties are to be added in all caps and no addresses (zjf, )

Aug. 22, 2019

Aug. 22, 2019

PACER

MINUTE ORDER granting 24 Motion for Leave to File Amicus Brief. Signed by Judge Ketanji Brown Jackson on 8/22/2019. (lckbj1)

Aug. 22, 2019

Aug. 22, 2019

PACER

MINUTE ORDER granting 30 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Michael Tan is admitted pro hac vice in this matter as counsel for Plaintiffs. Signed by Judge Ketanji Brown Jackson on 9/6/2019. (lckbj1)

Sept. 6, 2019

Sept. 6, 2019

PACER

MINUTE ORDER. This Court held a Motion Hearing on Plaintiffs' 13 Motion for Preliminary Injunction on 9/6/2019. For the reasons stated on the record at the hearing, it is hereby ORDERED that the parties shall promptly meet and confer, and that, on or before 9/10/2019 by 12:00 PM, the parties shall submit a joint proposal regarding procedures for maintaining the status quo with respect to enforcement of the July 23rd Notice while the Plaintiffs' preliminary injunction is under review. Signed by Judge Ketanji Brown Jackson on 9/6/2019. (lckbj2)

Sept. 6, 2019

Sept. 6, 2019

PACER

Minute Entry for Motion Hearing held on 9/6/2019 before Judge Ketanji Brown Jackson re 13 MOTION for Preliminary Injunction filed by WECOUNT!, LA UNION DEL PUEBLO ENTERO, MAKE THE ROAD NEW YORK. Court heard arguments from both parties and will take the matter under advisement and issue findings. Parties will confer in order to come up with a proposal to prevent potential harm to the members during the pendency of the Court writing an opinion (Court Reporters Nancy Meyer and Elizabeth Saint-Loth.) (zjch)

Sept. 6, 2019

Sept. 6, 2019

PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 35 Summons Returned Executed as to DC Attorney General, was entered in error and counsel was instructed to refile said pleading as to the correct filing event (U.S. Attorney for DC) (zjf)

Sept. 20, 2019

Sept. 20, 2019

PACER

MINUTE ORDER granting 37 Consent Motion to Amend Complaint. Signed by Judge Ketanji Brown Jackson on 9/20/2019. (lckbj1)

Sept. 20, 2019

Sept. 20, 2019

PACER
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6394775) filed by E.B., A.K., W.B., K.K., Mehatemeselassie Ketsela Desta. (Attachments: # (1) Civil Cover Sheet Civil Cover Sheet, # (2) Summons Barr Summons, # (3) Summons Pompeo Summons, # (4) Summons State Dept Summons, # (5) Summons Liu Summons, # (6) Exhibit Ex. A - Retta Declaration)(Wayne, Seth)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

2 Summons Barr Summons

View on PACER

3 Summons Pompeo Summons

View on PACER

4 Summons State Dept Summons

View on PACER

5 Summons Liu Summons

View on PACER

6 Exhibit Ex. A - Retta Declaration

View on PACER

Sept. 24, 2019

Sept. 24, 2019

Clearinghouse
2

MOTION to Proceed Under Pseudonym and Supporting Memorandum by A.K., E.B., K.K., W.B. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit Ex. 1 - Decl. of A.K., # (3) Exhibit Ex. 2 - Decl. of W.B.)(Wayne, Seth)

Sept. 24, 2019

Sept. 24, 2019

PACER
3

MOTION for Preliminary Injunction by A.K., E.B., K.K., Mehatemeselassie Ketsela Desta, W.B. (Attachments: # (1) Text of Proposed Order, # (2) Memorandum in Support, # (3) Exhibit Ex. 1 - Decl. of E.B., # (4) Errata Ex. 2 - Decl. of K.K., # (5) Exhibit Ex. 3 - Decl. of Desta, # (6) Exhibit Ex. 4 - Decl. of W.B., # (7) Exhibit Ex. 5 - Decl. of A.K., # (8) Exhibit Ex. 6 - Decl. of Retta)(Wayne, Seth)

Sept. 24, 2019

Sept. 24, 2019

PACER
4

NOTICE of Appearance by Mary B. McCord on behalf of All Plaintiffs (McCord, Mary)

Sept. 24, 2019

Sept. 24, 2019

PACER
5

REQUEST FOR SUMMONS TO ISSUE Corrected re [1] Complaint, filed by E.B., A.K., W.B., K.K., Mehatemeselassie Ketsela Desta. Related document: [1] Complaint, filed by E.B., K.K., W.B., Mehatemeselassie Ketsela Desta, A.K.. (Attachments: # (1) Summons Corrected Summons to Attorney General, # (2) Summons Corrected Summons to Secretary of State, # (3) Summons Corrected Summons to Department of State)(Wayne, Seth)

Sept. 24, 2019

Sept. 24, 2019

PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan L. Backer, :Firm- Institute for Constitutional Advocacy and Protection at Georgetown Law, :Address- 600 New Jersey Ave. NW, Washington DC 20001. Phone No. - 202-662-9835. Fax No. - 202-662-9248 Filing fee $ 100, receipt number 0090-6398946. Fee Status: Fee Paid. by A.K., E.B., K.K., Mehatemeselassie Ketsela Desta, W.B. (Attachments: # (1) Exhibit Declaration of Jonathan Backer, # (2) Text of Proposed Order Proposed Order)(Wayne, Seth)

Sept. 25, 2019

Sept. 25, 2019

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anil K. Vassanji, :Firm- Friedman Kaplan Seidler & Adelman LLP, :Address- 7 Times Square, New York, NY 10036-6516. Phone No. - 212-833-1188. Fax No. - 212-373-7988 Filing fee $ 100, receipt number 0090-6399262. Fee Status: Fee Paid. by A.K., E.B., K.K., Mehatemeselassie Ketsela Desta, W.B. (Attachments: # (1) Exhibit Declaration of Anil Vassanji, # (2) Text of Proposed Order)(Wayne, Seth)

Sept. 25, 2019

Sept. 25, 2019

PACER
8

ORDER granting [2] Motion for Leave to Proceed Under Pseudonym. Signed by Judge James E. Boasberg on 9/26/2019. (zrdj)

Sept. 26, 2019

Sept. 26, 2019

RECAP

Case Assigned to Judge Ketanji Brown Jackson. (zeg)

Sept. 27, 2019

Sept. 27, 2019

PACER
9

SUMMONS (4) Issued Electronically as to MICHAEL R. POMPEO, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # (1) Notice and Consent)(zeg)

Sept. 27, 2019

Sept. 27, 2019

PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General September 27, 2019. (Wayne, Seth)

Sept. 27, 2019

Sept. 27, 2019

PACER
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/27/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/26/2019. (Wayne, Seth)

Sept. 27, 2019

Sept. 27, 2019

PACER

Case Reassigned to Judge Timothy J. Kelly. (zeg)

Sept. 30, 2019

Sept. 30, 2019

PACER

~Util - Set/Reset Hearings

Oct. 1, 2019

Oct. 1, 2019

PACER

.Order

Oct. 1, 2019

Oct. 1, 2019

PACER

MINUTE ORDER: It is hereby ORDERED that the parties shall confer about a proposed briefing and hearing schedule for Plaintiffs' 3 Motion for Preliminary Injunction and appear for a telephonic status conference on October 2, 2019, at 12:00 p.m. The parties shall promptly contact the Courtroom Deputy at (202) 354-3495 to make arrangements to do so. Signed by Judge Timothy J. Kelly on 10/1/2019. (lctjk1)

Oct. 1, 2019

Oct. 1, 2019

PACER

~Util - Set/Reset Deadlines/Hearings

Oct. 2, 2019

Oct. 2, 2019

PACER

.Order

Oct. 2, 2019

Oct. 2, 2019

PACER

~Util - Set/Reset Hearings

Oct. 2, 2019

Oct. 2, 2019

PACER

Minute Entry for proceedings held before Judge Timothy J. Kelly: Telephone Status Conference held on 10/2/2019. Scheduling Order to be issued by the court. Preliminary Injunction Hearing set for 10/25/2019 at 2:00 PM in Courtroom 11 before Judge Timothy J. Kelly. (Court Reporter: Timothy Miller) (zkh)

Oct. 2, 2019

Oct. 2, 2019

PACER

MINUTE ORDER: It is hereby ORDERED that Defendants shall file their response to Plaintiffs' 3 Motion for a Preliminary Injunction by October 18, 2019, at 6:00 p.m., and Plaintiffs shall file their reply in support of their Motion by October 22, 2019, at 6:00 p.m. It is further ORDERED that the parties shall appear for a hearing on Plaintiffs' motion on October 25, 2019, at 2:00 p.m. Signed by Judge Timothy J. Kelly on 10/2/2019. (lctjk1)

Oct. 2, 2019

Oct. 2, 2019

PACER

MINUTE ORDER granting Plaintiffs' Second 12 Motion for Leave to Appear Pro Hac Vice. Attorney Anil Karim Vassanji is hereby admitted pro hac vice to appear in this matter. Signed by Judge Timothy J. Kelly on 10/2/2019. (lctjk1)

Oct. 2, 2019

Oct. 2, 2019

PACER
12

Second MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anil K. Vassanji, :Firm- Friedman Kaplan Seidler & Adelman LLP, :Address- 7 Times Square, New York, NY 10036-6516. Phone No. - 212-833-1188. Fax No. - 212-373-7988 Filing fee $ 100, receipt number 0090-6412906. Fee Status: Fee Paid. by A.K., MEHATEMESELASSIE KETSELA DESTA, E.B., K.K., W.B. (Attachments: # (1) Exhibit Declaration of Anil Vassanji)(Wayne, Seth)

Oct. 2, 2019

Oct. 2, 2019

PACER
13

NOTICE of Appearance by Glenn M. Girdharry on behalf of All Defendants (Girdharry, Glenn)

Oct. 2, 2019

Oct. 2, 2019

PACER

MINUTE ORDER. Before the Court at present is the parties' 42 Joint Stipulation on Scheduling, in which they represent to the Court that they have reached an agreement as to an extension for Defendants to respond to the Complaint in this matter. The Court will construe this Stipulation as a motion for extension of time to respond to the complaint (see Appendix to Gen. Order and Guidelines for APA Cases, ECF No. 11, Para. 5(g)), and so construed, it is hereby ORDERED that the motion is GRANTED, and Defendants shall answer or otherwise respond to the complaint on or before 12/10/2019. It is FURTHER ORDERED that, in the event that Defendants notice an appeal, the parties shall promptly meet and confer and, within 7 days of the filing of a notice of appeal, file a status report that proposes how to further proceed in this case. Signed by Judge Ketanji Brown Jackson on 10/7/2019. (jag)

Oct. 7, 2019

Oct. 7, 2019

PACER

Set/Reset Deadlines: Defendant's Answer to the Complaint due by 12/10/2019, (hs)

Oct. 8, 2019

Oct. 8, 2019

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 10/2/2019 (Attachments: # (1) Certificate of Service Mailing Receipt)(Wayne, Seth)

Oct. 9, 2019

Oct. 9, 2019

PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL R. POMPEO served on 10/2/2019 (Attachments: # (1) Certificate of Service Mailing Receipt)(Wayne, Seth)

Oct. 9, 2019

Oct. 9, 2019

PACER
16

Memorandum in opposition to re [3] MOTION for Preliminary Injunction filed by MICHAEL RICHARD POMPEO, U.S. DEPARTMENT OF STATE. (Girdharry, Glenn)

Oct. 18, 2019

Oct. 18, 2019

PACER
17

REPLY to opposition to motion re [3] MOTION for Preliminary Injunction filed by A.K., MEHATEMESELASSIE KETSELA DESTA, E.B., K.K., W.B.. (Attachments: # (1) Exhibit ACT Comment, # (2) Exhibit UndocuBlack Comment)(Wayne, Seth)

Oct. 22, 2019

Oct. 22, 2019

PACER

Minute Entry for proceedings held before Judge Timothy J. Kelly: Preliminary Injunction Hearing held on 10/25/2019. Oral argument heard and taken under advisement. (Court Reporter: Timothy Miller) (zkh)

Oct. 25, 2019

Oct. 25, 2019

PACER
18

ENTERED IN ERROR.....NOTICE by A.K., MEHATEMESELASSIE KETSELA DESTA, E.B., K.K., W.B. (Attachments: # (1) Exhibit DV-2021 Application)(Backer, Jonathan); Modified on 10/28/2019 (ztth).

Oct. 26, 2019

Oct. 26, 2019

PACER

NOTICE OF ERROR re 18 Notice (Other); emailed to jb2845@georgetown.edu, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Document entered in error. Please refile as a pleading. Please see LCvR 5.1 (a) (ztth, )

Oct. 28, 2019

Oct. 28, 2019

PACER
19

NOTICE of Supplementary Information by MICHAEL RICHARD POMPEO, U.S. DEPARTMENT OF STATE (Attachments: # (1) Exhibit 1 - in support of Defendants' Notice of Supplementary Information)(Girdharry, Glenn)

Oct. 29, 2019

Oct. 29, 2019

PACER

USCA Case Number 19-5298 for 44 Notice of Appeal to DC Circuit Court, filed by MATTHEW T. ALBENCE, KEVIN K. MCALEENAN, WILLIAM P. BARR, KENNETH T. CUCCINELLI, II, MARK MORGAN. (zrdj)

Nov. 1, 2019

Nov. 1, 2019

PACER
20

ORDER denying Plaintiffs' [3] Motion for Preliminary Injunction. See Order for details. Signed by Judge Timothy J. Kelly on 11/4/2019. (lctjk1)

Nov. 4, 2019

Nov. 4, 2019

PACER
21

MEMORANDUM AND OPINION in support of 20 Order denying Plaintiffs 3 Motion for Preliminary Injunction. See Order for details. Signed by Judge Timothy J. Kelly on 11/4/2019. (lctjk1) (Main Document 21 replaced on 11/5/2019 to correct typo) (zkh).

Nov. 4, 2019

Nov. 4, 2019

Clearinghouse

MINUTE ORDER. Before the Court at present is the parties' 47 Joint Status Report, in which they propose that the Court stay this matter pending the resolution of the government's appeal to the D.C. Circuit of the preliminary injunction that this Court entered. See Make the Road New York v. McAleenan, No. 19-5298 (D.C. Cir.). The Court will construe this Joint Status Report as a motion to stay, and so construed, it is hereby ORDERED that the motion to stay is GRANTED, and this case is STAYED until further order of this Court. It is FURTHER ORDERED that, notwithstanding this stay, the parties shall file a status report within 30 days of the D.C. Circuit's issuance of the mandate in 19-5298, which shall propose a schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/15/2019. (jag)

Nov. 15, 2019

Nov. 15, 2019

PACER
22

MOTION to Dismiss Plaintiffs' Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) by MICHAEL RICHARD POMPEO, U.S. DEPARTMENT OF STATE (Attachments: # (1) Memorandum in Support of Defendants' Motion to Dismiss under FRCP 12(b)(1) and 12(b)(6), # (2) Text of Proposed Order granting Defendants' Motion to Dismiss under FRCP 12(b)(1) and 12(b)(6))(Girdharry, Glenn)

Nov. 26, 2019

Nov. 26, 2019

PACER
23

Unopposed MOTION for Extension of Time to File Response/Reply as to [22] MOTION to Dismiss Plaintiffs' Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) by A.K., MEHATEMESELASSIE KETSELA DESTA, E.B., K.K., W.B. (Attachments: # (1) Text of Proposed Order)(Wayne, Seth)

Dec. 6, 2019

Dec. 6, 2019

PACER

Set/Reset Deadlines

Dec. 8, 2019

Dec. 8, 2019

PACER

MINUTE ORDER granting Plaintiffs' 23 Unopposed Motion for Extension of Time. It is hereby ORDERED that Plaintiffs shall respond to Defendants' 22 Motion to Dismiss by December 17, 2019. Signed by Judge Timothy J. Kelly on 12/8/2019. (lctjk1)

Dec. 8, 2019

Dec. 8, 2019

PACER
24

TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING before Judge Timothy J. Kelly held on 10-25-19; Page Numbers: 1-71; Date of Issuance: 12-13-19; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/3/2020. Redacted Transcript Deadline set for 1/13/2020. Release of Transcript Restriction set for 3/12/2020.(Miller, Timothy)

Dec. 13, 2019

Dec. 13, 2019

PACER
25

ENTERED IN ERROR.....AMENDED COMPLAINT against All Defendants filed by E.B., A.K., W.B., K.K..(McCord, Mary); Modified on 12/18/2019 (ztth).

Dec. 17, 2019

Dec. 17, 2019

PACER

NOTICE OF ERROR re 25 Amended Complaint; emailed to mbm7@georgetown.edu, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. Docket Entry 25 was entered in error. Attorney login and signature on the pleading must match. (ztth, )

Dec. 18, 2019

Dec. 18, 2019

PACER
26

Consent MOTION for Extension of Time to answer or otherwise respond to Plaintiffs' first amended complaint by 30 days by MICHAEL RICHARD POMPEO, U.S. DEPARTMENT OF STATE (Attachments: # (1) Text of Proposed Order granting Defendants' consent motion to extend deadline to answer or otherwise respond to Plaintiffs' first amended complaint by 30 days)(Girdharry, Glenn)

Dec. 23, 2019

Dec. 23, 2019

PACER

Set/Reset Deadlines

Dec. 27, 2019

Dec. 27, 2019

PACER

MINUTE ORDER granting, for good cause shown, Defendants' 26 Consent Motion for Extension of Time. It is hereby ORDERED that Defendant shall respond to Plaintiffs' Amended Complaint by January 30, 2020. Additionally, in light of the errors in the filing of their Amended Complaint, it is FURTHER ORDERED that Plaintiffs shall file a corrected version of their Amended Complaint by January 6, 2020. Signed by Judge Timothy J. Kelly on 12/27/2019. (lctjk1)

Dec. 27, 2019

Dec. 27, 2019

PACER

MINUTE ORDER: In light of Plaintiffs' filing of the 27 Amended Complaint, Defendants' 22 Motion to Dismiss is DENIED AS MOOT. See Nader v. Democratic Nat. Comm., 590 F. Supp. 2d 164, 167 n.2 (D.D.C. 2008). Signed by Judge Timothy J. Kelly on 1/3/2020. (lctjk1)

Jan. 3, 2020

Jan. 3, 2020

PACER
27

AMENDED COMPLAINT against All Defendants filed by E.B., A.K., W.B., K.K..(Wayne, Seth)

Jan. 3, 2020

Jan. 3, 2020

Clearinghouse
28

MOTION to Dismiss Plaintiffs' First Amended Complaint under FRCP 12(b)(6) by MICHAEL RICHARD POMPEO, U.S. DEPARTMENT OF STATE (Attachments: # (1) Memorandum in Support, # (2) Text of Proposed Order granting Defendants' Motion to Dismiss Plaintiffs' Amended Complaint under FRCP 12(b)(6))(Girdharry, Glenn)

Jan. 30, 2020

Jan. 30, 2020

PACER
29

Memorandum in opposition to re [28] MOTION to Dismiss Plaintiffs' First Amended Complaint under FRCP 12(b)(6) filed by A.K., E.B., K.K., W.B.. (Wayne, Seth)

Feb. 13, 2020

Feb. 13, 2020

PACER
30

Consent MOTION for Extension of Time to File Response/Reply by eight (8) days by MICHAEL RICHARD POMPEO, U.S. DEPARTMENT OF STATE (Attachments: # (1) Text of Proposed Order granting Defendants' consent motion for an extension of time)(Girdharry, Glenn)

Feb. 15, 2020

Feb. 15, 2020

PACER

Set/Reset Deadlines

Feb. 18, 2020

Feb. 18, 2020

PACER

MINUTE ORDER granting, for good cause shown, Defendants' 30 Consent Motion for Extension of time. It is hereby ORDERED that Defendants shall file any reply in support of their 28 Motion to Dismiss by February 28, 2020. Signed by Judge Timothy J. Kelly on 2/18/2020. (lctjk1)

Feb. 18, 2020

Feb. 18, 2020

PACER
31

REPLY to opposition to motion re [28] MOTION to Dismiss Plaintiffs' First Amended Complaint under FRCP 12(b)(6) filed by MICHAEL RICHARD POMPEO, U.S. DEPARTMENT OF STATE. (Girdharry, Glenn)

Feb. 28, 2020

Feb. 28, 2020

PACER

Case assigned to Judge Ellen S. Huvelle. (zmc)

April 29, 2020

April 29, 2020

PACER

MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice: Upon consideration of the motion to admit Scarlet Kim to appear in this action, pro hac vice, it is hereby ORDERED that the motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Ellen S. Huvelle on May 5, 2020. (AG)

May 5, 2020

May 5, 2020

PACER

MINUTE ORDER granting 13 Motion for Leave to Appear Pro Hac Vice: Upon consideration of the motion to admit Noor Zafar to appear in this action, pro hac vice, it is hereby ORDERED that the motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Ellen S. Huvelle on May 5, 2020. (AG)

May 5, 2020

May 5, 2020

PACER

Minute Entry for Telephone Conference proceedings held before Judge Ellen S. Huvelle on 5/5/2020. Scheduling Order forthcoming via Chambers. (Court Reporter: Lisa Griffith) (zgdf)

May 5, 2020

May 5, 2020

PACER

Set/Reset Deadlines: Administrative Record Index due by 5/22/2020. Cross Motions due by 5/22/2020. Response to Cross Motions due by 5/29/2020. Reply to Cross Motions due by 6/8/2020. Responses due by 6/1/2020 Replies due by 6/8/2020. Response to Motion for Summary Judgment due by 5/22/2020. Reply to Motion for Summary Judgment due by 5/29/2020. (zgdf)

May 5, 2020

May 5, 2020

PACER

Set/Reset Deadlines: Surreply due by 6/22/2020. (zgdf)

June 11, 2020

June 11, 2020

PACER

Set/Reset Hearings: Motion Hearing set for 7/14/2020 at 10:30 AM in Telephonic/VTC before Judge Ellen S. Huvelle. (zgdf)

June 27, 2020

June 27, 2020

PACER

MINUTE ORDER Setting Hearing on Motions: It is hereby ORDERED that a hearing on all pending motions, to be conducted by video/teleconference, is set for 7/16/2020 at 02:30 PM before Judge Ellen S. Huvelle. The Courtroom Deputy email counsel with instructions for joining the video/teleconference. Signed by Judge Ellen S. Huvelle on July 8, 2020. (AG)

July 8, 2020

July 8, 2020

PACER

Set/Reset Hearings: Motion Hearing set for 7/16/2020 at 2:30 PM via videoconference before Judge Ellen S. Huvelle. (zgdf)

July 8, 2020

July 8, 2020

PACER

Minute Entry for Video/Telephonic Motion Hearing proceedings held on 7/16/2020 before Judge Ellen S. Huvelle as to re 4 MOTION for Summary Judgment; 5 MOTION to Certify Class and to Appoint Class Counsel and MOTION to Appoint Lead Counsel; 19 Cross MOTION for Summary Judgment. Oral argument heard and motions taken under advisement. (Court Reporter Lisa Griffith) (zgdf)

July 16, 2020

July 16, 2020

PACER

NOTICE OF ERROR re 32 Notice (Other); emailed to sw1098@georgetown.edu, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. The letter was entered in error. Please refile the document in pleading format. See LCvR 5.1 (a). (ztth, )

July 31, 2020

July 31, 2020

PACER
32

ENTERED IN ERROR.....NOTICE and Request for Status Conference by A.K., E.B., K.K., W.B. (Wayne, Seth); Modified on 7/31/2020 (ztth).

July 31, 2020

July 31, 2020

RECAP
33

MOTION for Hearing by A.K., E.B., K.K., W.B. (Backer, Jonathan)

Aug. 27, 2020

Aug. 27, 2020

PACER

MINUTE ORDER: Plaintiffs' 33 Motion for Hearing is DENIED without prejudice because Plaintiffs have not complied with Local Civil Rule 7(m). Plaintiffs have not included in their motion a statement that they have conferred with Defendants to "determine whether there is any opposition to the relief sought." Local Civil Rule 7(m). Plaintiffs may refile their motion including the additional information required by Local Civil Rule 7(m) at any time. Signed by Judge Timothy J. Kelly on 8/28/2020. (lctjk1)

Aug. 28, 2020

Aug. 28, 2020

PACER
34

MOTION for Hearing by A.K., E.B., K.K., W.B. (Backer, Jonathan)

Sept. 2, 2020

Sept. 2, 2020

PACER
35

NOTICE of Appearance by Nairi Simonian Gruzenski on behalf of All Defendants (Gruzenski, Nairi)

Sept. 11, 2020

Sept. 11, 2020

PACER
36

Memorandum in opposition to re [34] MOTION for Hearing Requesting Status Conference filed by MICHAEL R. POMPEO, U.S. DEPARTMENT OF STATE. (Gruzenski, Nairi)

Sept. 11, 2020

Sept. 11, 2020

PACER
37

NOTICE of Waiver of Reply Memorandum by A.K., E.B., K.K., W.B. re [34] MOTION for Hearing (Backer, Jonathan)

Sept. 16, 2020

Sept. 16, 2020

PACER

MINUTE ORDER granting Plaintiffs' 34 Motion for Hearing. Upon Consideration of the Motion and Defendants' 36 Opposition thereto, it is hereby ORDERED that a status conference is set for September 22, 2020, at 2:00 p.m. via teleconference. The parties shall contact the Courtroom Deputy the day before the hearing at (202) 354-3495 to make arrangements to participate. Signed by Judge Timothy J. Kelly on 9/21/2020. (lctjk1)

Sept. 21, 2020

Sept. 21, 2020

PACER

Set/Reset Deadlines/Hearings AND Order on Motion for Hearing

Sept. 21, 2020

Sept. 21, 2020

PACER

Minute Entry for proceedings held before Judge Timothy J. Kelly: Telephonic Status Conference held on 9/22/2020. (Court Reporter: Timothy Miller) (zkh)

Sept. 22, 2020

Sept. 22, 2020

PACER
38

MOTION for Summary Judgment by A.K., E.B., K.K., W.B. (Attachments: # (1) Memorandum in Support, # (2) Declaration of K.K., # (3) Declaration of A.K., # (4) Declaration of W.B., # (5) Text of Proposed Order)(Backer, Jonathan)

Oct. 7, 2020

Oct. 7, 2020

PACER
39

AFFIDAVIT re [38] MOTION for Summary Judgment by A.K., E.B., K.K., W.B.. (Backer, Jonathan)

Oct. 9, 2020

Oct. 9, 2020

PACER
40

TRANSCRIPT OF STATUS CONFERENCE before Judge Timothy J. Kelly held on 9-22-20; Page Numbers: 1-10; Date of Issuance: 10-16-20; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/6/2020. Redacted Transcript Deadline set for 11/16/2020. Release of Transcript Restriction set for 1/14/2021.(Miller, Timothy)

Oct. 16, 2020

Oct. 16, 2020

PACER

MINUTE ORDER granting 53 Motion for Leave to File Excess Pages. It is hereby ORDERED that Plaintiffs are granted leave to file an omnibus opening brief of no more than 65 pages, that Defendants are granted leave to file an omnibus response of no more than 65 pages, and that Plaintiffs are granted leave to file an omnibus reply of no more than 35 pages. Signed by Judge Ketanji Brown Jackson on 10/16/2020. (jag)

Oct. 16, 2020

Oct. 16, 2020

PACER
41

Unopposed MOTION for Extension of Time to File Response/Reply as to [38] MOTION for Summary Judgment by MICHAEL R. POMPEO, U.S. DEPARTMENT OF STATE (Attachments: # (1) Text of Proposed Order)(Gruzenski, Nairi)

Oct. 16, 2020

Oct. 16, 2020

PACER

MINUTE ORDER granting 54 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Spencer Amdur is admitted pro hac vice in this matter as counsel for Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Ketanji Brown Jackson on 10/19/2020. (jag)

Oct. 19, 2020

Oct. 19, 2020

PACER

MINUTE ORDER granting, for good cause shown, Defendants' 41 Unopposed Motion for Extension of Time. It is hereby ORDERED that Defendants shall file their opposition to Plaintiffs' 38 Motion for Summary Judgment by October 23, 2020. Signed by Judge Timothy J. Kelly on 10/20/2020. (lctjk1)

Oct. 20, 2020

Oct. 20, 2020

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: Sept. 24, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four individuals who did not have the financial resources to obtain a passport before entering the Diversity Visa Program lottery.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of the U.S. Department of State (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Order Duration: 2022 - None

Issues

Immigration/Border:

Admission - procedure

Visas - procedures