Court Grants Summary Judgment in Kinsley v. Blinken

Kinsley v. Blinken

"Among the disruptions wrought by the COVID-19 pandemic have been halts and delays in the U.S. visa-processing system. Here, a large group of noncitizens, U.S.-citizen petitioners, associations, and corporations bring suit to challenge the cessation of visa processing in specified countries. They allege as unlawful Defendant State Department’s interpretation of several Presidential Proclamations to prevent U.S. consulates and embassies in those countries from adjudicating visas. In now seeking dismissal or summary judgment, the Government argues that the Court is barred from considering Plaintiffs’ claims for a range of jurisdictional reasons, and that, even if addressed, their claims are deficient. While the Court concurs with Defendants that some Plaintiffs lack standing or have claims that are now moot, it also concludes that, as to the nine remaining Plaintiffs, their claims are justiciable, and State acted improperly in suspending visa issuance based on the Proclamations. These Plaintiffs thus achieve summary judgment."