The US Court of Appeals for the District of Columbia Circuit has denied a petition for rehearing en banc, effectively ending the legal journey for approximately 20,000 hopeful diversity visa selectees from fiscal years 2020 and 2021. These selectees were previously found by Judges Mehta and Chutkan to have been unlawfully denied the opportunity to make visa applications at US embassies due to policies first implemented by the Trump administration.
The Biden administration’s appeal of these victories led to a June ruling by a three-judge panel in favor of the administration. The petition for rehearing en banc was filed in August but has now been denied, marking the conclusion of the Gomez v. Biden, Goodluck v. Biden, and Rai v. Biden lawsuits.
Curtis Lee Morrison, an attorney representing thousands of plaintiffs affected by these appeals, expressed his deep disappointment and concern for the future of the Diversity Visa program.
He stated: “I’m heartbroken for our clients – thousands of hopeful immigrants mostly from the Global South, trying to come here the legal way, only to have their dreams destroyed not by the Trump administration, but by the Biden administration. I’m also fearful of how the future administrations will implement the Diversity Visa program, now they are effectively safe from consequences for how or if they even implement it. The Biden administration did not have to appeal the immigrants’ victories. It was a choice, and in the coming years, we will see the price of that choice.”
Among the affected were a significant number of Nepali diversity visa winners who had been eagerly awaiting their chance to immigrate.
Timeline of Legal Battle: Diversity Visas (DV-2020 and DV-2021)
August 17, 2021: In Gomez v. Biden, the U.S. District Court for the District of Columbia ordered the State Department to process DV-2020 applications randomly until all 9,095 visas were issued.
October 13, 2021: The court directed the Department to complete DV-2020 visa processing by September 30, 2022.
April 5, 2022: The court stayed proceedings pending appeal.
September 27, 2021: In Rai v. Biden, the court ordered the Department to reserve 966 DV-2021 visas for applicants from 27 specific embassies/posts.
October 20, 2021: The court directed the Department to process these reserved visas by September 30, 2022.
April 6, 2022: The court stayed proceedings pending appeal.
September 30, 2021: In Goodluck v. Biden and Goh v. Biden, the court ordered the Department to reserve 6,914 and 481 DV-2021 visas, respectively.
April 18, 2022: The court stayed proceedings pending appeal.
June 25, 2024: The U.S. Court of Appeals for the District of Columbia Circuit overturned lower court rulings, halting the immigration process for approximately 20,000 DV-2020 and DV-2021 selectees.
August 9, 2024: Attorneys for Diversity Visa lottery winners from FY-2020 and FY-2021 filed a Petition for Rehearing En Banc with the United States Court of Appeals for the District of Columbia Circuit.
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Susan Shrestha
View More PostsSusan Shrestha is a Europe-based journalist. He covers a wide range of topics, from local matters to global affairs. Shrestha previously worked as a reporter for Khasokhas in Nepal.
