Monday, July 23, 2012

Here is the official court document. Thanks to all, be strong.

Click Here

Wednesday, July 4, 2012


Dear Armande:

       I am sorry to report that we were unsuccessful in our efforts to overturn the judge’s decision. It was always a difficult case and proved to be insurmountable. From the language the court recited, it was obvious that they believed that a great wrong had been done to the plaintiffs. However, they found no legal basis to overturn the decision. Please post this and a description of the decision below. With this decision our work is concluded on behalf of you and all the others who objected to the government’s treatment. It was our pleasure to represent you in this matter. Best regards,  Ira Kurzban

This morning, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion in the consolidated cases of Smirnov v. Clinton that affirmed the district court's rulings.  The court summarized its decision by stating:  "This case stems from a regrettable error in the State Department’s conduct of the fiscal year 2012 diversity visa lottery and its subsequent decision to void the results. Plaintiffs here are a group of those selected in that botched lottery. Ultimately, although we understand the plaintiffs’ frustration and heartbreak, there is no legal theory entitling them to enforce the results of a lottery rendered unlawful by the Department’s apparent negligence."  The basis of the court's decision is that "[t]he first lottery was unlawful because it failed the regulation’s requirement that the petitions be 'rank-ordered at random' after the initial numbering is complete. See 22 C.F.R. § 42.33(c)."  The court accepted the Amin declarations' description of why the lottery did not follow the required rank-ordering and concluded that despite Plaintiffs' questioning of Amin's explanation, the State Department "reasonably decided to void the results of the lottery."  With regard to Plaintiffs' equitable estoppel argument, the court concluded that while negligence by the State Department may have taken place, more was needed to prove "affirmative misconduct."  In addition, the court expressed concern that because the second lottery had taken place, "were we to reallocate visa numbers back to the winners of the first lottery, the unfairness to the winners of the second lottery would be at least as grave as that to the first set of winners."

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
 Ira Kurzban  

Sunday, May 13, 2012

Many people who are vocals in different forums about our appeal have NOT contributed 1 $. This is a shame to wait on others to pay for you. Many of you only talk and talk. With only talk, this appeal would not be possible. Stop your speculations and comments as if you knew more than the lawyers and pay. Your task as the client is to donate. Period.

Saturday, May 12, 2012

DONATE FOR THIS APPEAL. OUR LAWYERS ARE WORKING HARD FOR US. WE HAVE TWO FIRMS WHO WORK WITH NO MONEY!

Karen Soares of Fried, Frank, Harris, Shriver and Jacobson presented the argument. She was thorough, well prepared and responded intelligently and completely to the Court's questions. We were fortunate to have her. Fried Frank undertook its co-counsel role in arguing the appeal without compensation on a pro bono basis.

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
Ira Kurzban

Wednesday, May 9, 2012

Friends,

We all need to think positive for this coming Friday. Please take a moment to consider just now, in this battle, the luck life is giving us to have the two best US international law firms fighting for us.

These people are the most experienced  and well-known immigration lawyers in the US. They have fought cases at the international level for head of state and other well-known people.

None of us, individually, can afford these top-notch lawyers. But they are here fighting for us. A gesture of appreciation and generosity on your part is welcome.

Whatever the issue of this appeal, we are lucky just right now, because we have the best defense that very few average individuals can afford.

Please keep this in mind, be appreciative, and let it go. They know their job better than anybody else. Trust and Just think positive.

Tuesday, May 8, 2012

WE NEED DONATIONS TO SUPPORT MR. KURZBAN'S EFFORTS.THIS IS TIME, THIS IS HARD WORK AND ALL THIS FOR US!
Armande: Here are the answers. Ira.
  • What will happen Friday? Is it like the first time?
This is nothing like the first case which was a trial with witnesses. This is simply an argument where each side only get 15 minutes. There are no witnesses and no testimony. It is based solely on the record that was made at that first trial. As you know we have tried to get the Inspector General’s report in front of the court, but the government is fighting with us on that issue. If the court does consider it that will be the only additional information since the trial that they will consider. Quite honestly, the most important part of our work is already done. The sets of briefs that we have filed represent our position. The briefs are far more important than the oral argument. The court rarely decides cases based upon the oral argument. They may have some questions that are troubling them that are unanswered in the briefs, but for the most part, the briefs that have been submitted are the major focus of the appeal.
  • Will the judges make a decision on friday?
It is not likely. Typically the judges take anywhere from 4 to 6 months to decide a case after oral argument. Because of the time pressure involved in this case, it is possible, although highly unlikely, that the court will issue a decision from the bench. It is also likely that, given the time-sensitive nature of this case, that they will issue a decision much quicker than they normally would issue a decision. When they make a decision, the parties are notified by mail and sometimes by the clerk.
  • Will they make a decision before the fiscal year for the lottery is done?
I believe they will do so one way or the other. If they are going to rule in our favor it is much more likely that they will issue a decision quickly.
  • Do you trust the person who will defend our case on Friday?
The law firm conducting the 15 minute oral argument on our behalf --The firm of Fried, Frank, Harris, Shriver, and Jacobson—is one of the premier law firms in the United States. I have worked with them on various cases for over 30 years. They have outstanding lawyers and we have been discussed the case with them through one of their most senior lawyers. We will prepare the lawyer who will do the argument and I am certain she will be excellent.
  • Will she represent your ideas in the documents well or does he/she will change things you wrote?
She has read the briefs and is thoroughly familiar with the case. She will be extensively briefed and prepared for the argument before she goes to the court. We have ever confidence that she will do outstanding job.
MR. KURZBAN & ASSOCIATES WORKS SERIOUSLY AND DILIGENTLY FOR US. PLEASE DONATE WHATEVER YOU CAN TO SHOW YOUR CONTRIBUTION. LET'S BE SUPPORTIVE OF WHAT THEY DO FOR US.

Hello Armande,

Do you know if any of the 36 named plaintiffs (list below) won the second lottery or the 2013 lottery?  If you're not sure, would you please post a message on the website asking people to e-mail you if they know of anyone who did win the second lottery or the 2013 lottery? Many thanks, Chris
Ilya Smirnov
Olga Leonova
Sabina Timilsina                                                PLEASE EMAIL ME IF YOU, OR YOU
Jovanka Nicolic                                                          KNOW IF ONE OF THE NAMED
Omojevbe Igboin                                                        PLAINTIFFS WON DV2013.
Iva Zafirova
Omayma Izzeldin Kamil Amin                                       VERY, VERY URGENT!!!
Stephanie Christelle Jeanjean
Anton Kuraev
Armande Gil                                                            AZILEE.FRANCE.34@GMAIL.COM
Stuart McBrien
Anna Gunya
Masako Yamao
Carina Steyl
Pegi Stoilkova
Dhana Mathema
Nargiza Akhmedova
Deborah Lempogo
Dieudonne Kuate
Neda Ghemmaghami Farahani
Vincenzo Carafone
Yosif Mourad Ibrahim
Moses Kakeeto
Mustafa Gulbudak
Eman Ahmed Emad Elzoheary
Marco Pavese
Amani Murshed Al Maamari
Jamal Glim
Mohamed Ifegh
Hiroshi Yamashioya
Victor Olaoluwa Oke
Alejandro Alvarez Alvarez
Luc Van Braekel
Andualem Tirusew Wube
Ajitum James Akaba
Kamil Ezz Eldin Amin
Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
   Christopher Rickerd

Friday, May 4, 2012

DO NOT LET OTHERS PAY FOR YOU, GIVE SOMETHING !


Hello Armande, Please see the attachment for our reply brief filed today. Best wishes, Chris

Click here for CRB

Thursday, May 3, 2012


ALL THOSE AFFECTED BY THIS CASE NEED TO DONATE SOMETHING. YOU CANNOT JUST LET OTHER PAY FOR YOU!

 Armande:    Here is the notice from the attorney for Fried, Frank, Harris, Shriver and Jacobson who will be arguing the case on our behalf. Ira Kurzban

 United States Court of Appeals for District of Columbia Circuit

Notice of Docket Activity
The following transaction was entered on 05/02/2012 at 10:29:47 PM EDT and filed on 05/02/2012
Case Name: Ilya Smirnov, et al v. Hillary Clinton, et al
Case Number:  11-5258
Document(s):
FORM 72 submitted by arguing attorney, Karen M. Soares, on behalf of Appellants Ajitum James Akaba, Nargiza Akhmedova, Amani Murshed Al Maamari, Alejandro Alvarez Alvarez, Kamil Ezz Eldin Amin, Omayma Izzeldin Kamil Amin, Luc Van Braekel, Vincenzo Carafone, Eman Ahmed Emad Elzoheary, Neda Ghemmaghami Farahani, Armande Gil, Jamal Glim, Mustafa Gulbudak, Anna Gunya, Yosif Mourad Ibrahim, Mohamed Ifegh, Christina Omojevbe Igboin, Stephanie Christelle Jeanjean, Moses Kakeeto, Dieudonne Kuate, Anton Kuraev, Deborah Lempogo, Olga Leonova, Dhana Mathema, Stuart McBrien, Jovanka Nicolic, Victor Olaoluwa Oke, Marco Pavese, Ilya Smirnov, Carina Steyl, Pegi Stoilkova, Sabina Timilsina, Andualem Tirusew Wube, Masako Yamao, Hiroshi Yamashiroya and Iva Zafirova in 11-5258, 12-5100. [11-5258, 12-5100] (Kurzban, Ira)

The following document(s) are associated with this transaction:
Document Description: Argument Attorney Form Filed
Original Filename: Oral Argument Notification.pdf






Tuesday, May 1, 2012

THERE IS NO TIME TO LOSE. PLEASE DONATE TODAY TO SUPPORT OUR FIGHT !!

Hello Armande,
Please see the attachment for the government's brief filed today.
Best wishes, Chris Rickerd.

Click here for government brief

Wednesday, April 25, 2012

EVERYBODY AFFECTED BY THIS APPEAL NEEDS TO CONTRIBUTE WHAT THEY CAN.


Dear Armande:    Please see our brief in the second appeal filed yesterday in the Court of Appeals for the District of Columbia. This appeal addresses the issues regarding the Inspector General's report and our position that the Court should consider the report in our estoppel claim against the government. The Court previously granted our motion for expedited briefing so that we could maintain the May 11th date for oral argument. The government's brief is due shortly and I will forward it to you when I receive it.   Ira Kurzban

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
Ira Kurzban

Click here for BRIEF

Wednesday, April 18, 2012


PLEASE MAKE A CONTRIBUTION. WE NEED YOU.



Armande: The court granted our motion to consolidate the appeals and we now have to write a second set of briefs in this matter. We would encourage all persons affected by this case to make a contribution as small or as large as they can afford. Thank you.  Ira Kurzban


United States Court of Appeals for District of Columbia Circuit
Notice of Docket Activity

The following transaction was entered on 04/18/2012 at 10:18:09 AM EDT and filed on 04/18/2012

 Case Name: Ilya Smirnov, et al v. Hillary Clinton, et al

 Case Number:  11-5258

Docket Text:

PER CURIAM ORDER filed [1369384] granting appellant's emergency motion to consolidate [1367779-2] in 11-5258 12-5100 (Consolidation started 04/18/2012). It is FURTHER ORDERED that the parties file their briefs in No. 12-5100 according to the following briefing format and schedule: APPELLANT Brief (not to exceed 2,500 words) due 04/24/2012. APPELLEE Brief (not to exceed 2,500 words) due on 04/30/2012. APPELLANT Reply Brief (not to exceed 2,500 words) due 05/03/2012; The parties are directed to address in their briefs the issues presented in the motion for summary affirmance rather than incorporate those arguments by reference; It is FURTHER ORDERED that consideration of the motion for judicial notice [1356834-2] be deferred pending oral argument. This consolidated matter remains scheduled for oral argument on Friday, May 11, 2012 at 9:30 a.m. Before Judges: Garland, Brown and Griffith. [11-5258, 12-5100]

 The following document(s) are associated with this transaction:

Document Description: Order Sent

Original Filename: /opt/ACECF/live/forms/11-5258SCMN.pdf

Electronic Document Stamp:

[STAMP acecfStamp_ID=1109186823 [Date=04/18/2012] [FileNumber=1369384-0] [4de05cf41e2ae1f31eb4bd76e4f211d95a498b74d131540ea2931b0d3795c35b165de4fa7bc9492ab65addfa3aa8e89c8a9ed60f5f5b905bb562d716dc0ffa28]]

Recipients:

Mr. Chen, Hans Harris

Mr. Kelly, Wynne Patrick, Assistant U.S. Attorney

Mr. Kline, David J.

Kurzban, Ira

Lawrence, R. Craig

Mr. Machen, Ronald C., Jr., U.S. Attorney

Pratt, John P.

Document to be served by alternative means on:

 Mr. Kline, David J.

U.S. Department of Justice

(DOJ) Civil Division, Office of Immigration Litigation

PO Box 878, Ben Franklin Station

Washington, DC 20044-0878


Pratt, John P.

Kurzban Kurzban Weinger Tetzeli & Pratt PA

2650 SW 27th Avenue

Miami, FL 33133


Notice will be stored in the notice cart for:

Mr. Machen, Ronald C., Jr., U.S. Attorney

Sunday, April 15, 2012

The Most Important thing for us to do: show solidarity for this appeal


Armande: As a follow-up to earlier documents, I am sending you our motion and the memorandum of opinion. Ira.


click here for
second appeal and second appeal1
We are coming close to the court date, each of you needs to donate something, we all need to show solidarity....

Armande : Here is a motion we just filed to try and consolidate the appeal we recently filed when the lower court judge (i.e., Judge Jackson) refused to consider the Inspector General's report. We thought it was unlikely that she would accept it and we therefore asked the court of appeals to directly consider it.


To be doubly sure, however, we are appealing the judge's decision and trying to consolidate it with the case in front of the court of appeals. We do not want to delay the matter any further so we have asked for expedited briefing. Although this is an additional burden for us, we do not want to lose any more time on the appeal.

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
Ira Kurzban

Saturday, April 7, 2012

PLEASE DONATE!! WE ARE IN A CRITICAL PHASE!!!!

Armande: I write to provide the most recent update regarding our case before the court of appeals of the District of Columbia. As you know, we have been trying to get the Inspector General's Report from the Department of State before the Court of Appeals (i.e., OIG report). The report was finally published after the district court's decision. We believe this report is necessary to make our argument based upon estoppel against the government. We have simultaneously submitted the Report (i.e., OIG report) to the Court of Appeals and asked them to take "judicial notice" of the Report. To cover all bases, however, we also filed the report (i.e., OIG report) in the district court and asked the district court to reconsider her decision in light of the report. Quite predictably, the district court turned us down. I am attaching the judge's two page order refusing to accept the Report.

We have now appealed that order simply to protect the record. We will ask the court of appeals if we can join this second appeal with our first appeal. We do not want to change the date of the argument in May so we will ask the court to expedite the briefing schedule on this second order.

As you can all see, this case has involved an unusual amount of work. We again kindly request that everyone make some contribution to this effort. Best wishes, Ira Kurzban

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
Ira Kurzban


Click here Appeal

Thursday, March 22, 2012

Friends, Please Contribute. We are closer and closer and we do need to support Mr. Kurzban's efforts. Contribute whatever you can.



Armande: Please find attached our reply brief. The oral argument is set for May 11, 2012.



Kurzban Kurzban
Weinger Tetzeli & Pratt P.A
Ira Kurzban


Click here: Our Answer to DOS

Sunday, March 18, 2012

I NEED ALL NAMED PLAINTIFFS (PEOPLE WHO OFFICIALLY ARE NAMED IN THE LAWSUIT) TO SEND ME AN EMAIL AT: AZILEE.FRANCE.34@GMAIL.COM

THIS IS URGENT AND CANNOT WAIT. FOR OUR CASE, I CANNOT PUBLISH BASED ON LEGAL ADVICE.

PLEASE PUBLISH THIS ON ALL FACEBOOK PAGES.

ONLY NAMED PLAINTIFFS (NOT THE 22,000).



THANK YOU.

ARMANDE

Wednesday, March 7, 2012

CONTINUE TO CONTRIBUTE TO THIS APPEAL. WE NEED FUNDING. THIS IS YOUR FIGHT TOO.
THIS IS DOS ANSWER
Armande: here is the brief you requested. Ira

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
Ira Kurzban

Click here: DOS Brief

Wednesday, February 29, 2012


WE NEED DONATIONS. PLEASE CONTRIBUTE.OUR FIGHT HAS JUST STARTED FOR THIS APPEAL.

Dear Armande:

Attached is our reply to the government’s opposition to our effort to supplement the record in the district court so the court can reconsider our estoppel argument. We are working
simultaneously in the district court to get the judge to reconsider her decision in light of the Office of Inspector General’s report and at the same time trying to get the report in front of the court of appeals. Please let everyone know about our efforts and please encourage people to donate, even if they are small donations, because we have spent far more time and money , than people have contributed. Thank you. Ira Kurzban

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
Ira Kurzban

Friday, February 17, 2012

From: Ira Kurzban ira@kkwtlaw.com
To: "azilee.france.34@gmail.com"
Date: Mon, Feb 13, 2012 at 1:45 PM

WE NEED TO CONTRIBUTE. THIS IS AN EMERGENCY. WE ARE AT RISK THAT THE LAWYER DECREASES THE INTENSITY OF HIS WORK, THE QUALITY OF THE WORK, AND THE TIME PUT INTO IT. YOU DECIDE.

Armande: How is the fundraising going? I am truly stunned that so small a group has contributed. This is costing us a huge amount of money. Ira.

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.

Ira Kurzban

Tuesday, February 7, 2012

Mr. KURZBAN HAS DONE A FABULOUS JOB FOR US!!! PLEASE DONATE TO SUPPORT HIS EFFORTS. BE SUPPORTIVE AND GRATEFUL J AND HOPEFUL

We filed today our opening brief on appeal. The brief attacks the government’s case from two perspectives. First, we challenge the view that the selection of applicants was no random by demonstrating that the government’s assertions were not accurate. The government never provided a convincing explanation as to why 2% of the people were not taken from the first two days if the applications were all taken in numerical order. Second, they never explained why under their theory there were insufficient numbers from Africa, Asia and North America to obtain all the applicants they needed on the first day (Oct 5th) if the computer merely selected people by their registered number. We also challenged the decision of the district court on the basis of estoppel against the government. In light of the new OIG report, there is now enough evidence to suggest that the government’s actions constituted affirmative misconduct. This form of “affirmative misconduct” was the missing aspect to our prior claim of estoppel. In our view, the OIG report fills that gap by showing how the government willfully ignored their own criteria and regulations in the selection of the company and the process they utilized. If we were to win on estoppel it would mean that the government would be prevented (estopped) from denying the 22,000 people the right to be in the current lottery.

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.

Ira Kurzban

Thursday, February 2, 2012

WE NEED DONATION FOR OUR CASE…Mr. KURZBAN KEEPS WORKING..PLEASE BE SUPPORTIVE.

Armande: We filed the attached documents yesterday in the district court. This is not our brief which we will file next week. We are trying to get the case reopened under the theory of estoppel against the government which we believe to be the strongest argument.

This motion is before the district court judge who heard the case originally [judge Amy Jackson] and ruled against you. We are asking her to reopen her decision to consider evidence of the government's bad conduct. At the same time we are proceeding with the expedited appeal in the higher court.

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
Ira Kurzban

Click HERE and HERE to see the Attachment files.