Dist. Ct. did not err in dismissing plaintiffs‘ (180 diversity-visa program applicants) action, seeking to have defendant-State Dept. process their fiscal year 2020 visa applications, even though section 1154(a)(1)(I)(ii)(II) states that plaintiffs were eligible to receive said visas only through end of specific fiscal year for which they were selected for review of their applications, and plaintiffs filed instant action after conclusion of fiscal year 2020. Under Iddir, 301 F.3d 492, instant fiscal year limitation cannot be extended by judicial order, and fact that plaintiffs sought injunction, declaratory judgment and monetary damages did not require different result. Ct. also rejected plaintiff’s contention that section 1154(a)(1)(I)(ii)(II) only sets forth deadline for administrative action, and that defendant still owed them duty to adjudicate their visa applications.
Federal 7th Circuit Court
Civil Court
Immigration