A family of applicants for diversity visas (DV) were refused visas under 8 U.S.C. 1201(g), as administrative processing was require for their cases. One week before the end of the relevant fiscal year, at which time plaintiffs’ eligibility for the visas would expire, plaintiffs sued seeking mandamus on an emergency basis. On Friday, September 27, the Court granted the plaintiffs’ emergency motion, finding the government had unreasonably delayed adjudicating their DV applications, and ordered the consular officer to adjudicate the visa applications by noon the following day. The consular officer readjudicated and again found applicants ineligible. Following a motion by plaintiffs, on September 29 the court found neither of the two prior refusals were proper adjudications and, therefore, found the Department not in compliance with the Court’s order. Following issuance of that order, a consular officer reajudicated the cases and the visas were issued on September 30.
In granting the plaintiffs’ August 2020 motion for fees, the Court found that the government had not complied with the courts order to properly adjudicate the visa applications and that the “government’s conduct was not substantially justified,” which entitled plaintiffs to fees.