No. 02-6098(L), 04-5497(CON).

436 F.3d 79 (2006)

Emad MOHAMED, Iffat Sohail, Rabah Khimeche, Aydogan Durmus, Anna Avoykyan, Vera Firsova, Volodymr Pernerovsky, Leonid Lukhmanov, Helena Niconowitch, Antonio Marino, Motoko Nakamura, Ibrahim Abouzeid, Samih Abu-Helal, Johra Alam, Pamela Anderson, Tamara Antotch, Sulayman Gallow Bah, Samuel Bobbie, Victor Bulathikov, Galina Cherkasova, Ashim Das, Elena Dydalina, Ivan Fedortsiv, Alexandre Foursov, Uriy Guschin, Lubomyr Iatsouk, and Mirra Khiltchhenko, Plaintiffs-Appellants, v. Alberto R. GONZALES, Attorney General of the United States, Mary Ann Wyrsch, Acting Commissioner of the Immigration and Naturalization Service, Immigration and Naturalization Service, Edward J. McElroy, District Director, Colin Powell, Department of State, and United States of America, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 24, 2006.

Attorney(s) appearing for the Case

Thomas E. Moseley (Michael P. DiRaimondo, Marialaina L. Masi, on the brief), DiRaimondo & Masi, LLP, Melville, NY, for Plaintiffs-Appellants.

Steven Kim, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Varuni Nelson, Assistant United States Attorney, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Defendants-Appellees.

Before: CABRANES and SACK, Circuit Judges, and AMON, District Judge.


We consider here the consolidated appeals of the July 20, 2004 Memorandum and Order of Judge Johnson in Nakamura v. Ashcroft, 2004 WL 1646777 (E.D.N.Y. July 20, 2004), and the February 21, 2002 Memorandum and Order of Judge Sifton in Mohamed v. Ashcroft, No. 99 Civ. 6865 (E.D.N.Y. Feb. 21, 2002). Plaintiffs in both cases allege that they were wrongfully denied visas under the Diversity Immigrant Visa Program ("DV Program"), which would have...

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