"You Must Answer!" Judge Faruqui Demolishes Marco Rubio's Defense in Federal Court!
A federal judge has rejected a motion to dismiss a lawsuit brought by three foreign nationals against U.S. Secretary of State Marco Rubio.
The plaintiffs, who applied for EB-1A visas reserved for individuals with “extraordinary abilities,” argued that the government has unreasonably and unlawfully delayed processing their applications. The ruling allows the case to move forward, requiring the State Department to issue a final decision on the long-pending petitions.
The case, Lyazat Tolymbekova, et al. v. U.S. Secretary of State Marco Rubio, et al., involves three plaintiffs — a Kazakh metallurgist, a Russian project manager, and a Russian makeup artist — whose EB-1A visa applications have been stuck in administrative processing for more than 16 months.
Their applications were placed under § 221(g) of the Immigration and Nationality Act, which permits consular officers to deny visas pending additional information.
The plaintiffs contend that the prolonged delay has imposed severe personal and professional hardships. Lyazat Tolymbekova, for instance, has been separated from her U.S. citizen daughter, missing her college graduation and being unable to support her during a medical crisis.
The other plaintiffs said the uncertainty surrounding their applications has forced them to put both careers and family plans on hold.
In its motion to dismiss, the government argued that the court lacked jurisdiction under the doctrine of consular nonreviewability, which generally shields a consular officer’s final visa decision from judicial scrutiny.
But Magistrate Judge Zia M. Faruqui rejected that argument, noting that a § 221(g) refusal is not a final decision, since the State Department’s own guidance tells applicants their cases will be re-adjudicated once processing is complete. The court stressed that nonreviewability applies only to final determinations.
Faruqui also dismissed the government’s sovereign immunity claim, ruling that the Administrative Procedure Act (APA) waives immunity in cases where plaintiffs seek injunctive relief rather than monetary damages.
The judge concluded that the State Department has a “clear, nondiscretionary duty” to either issue or refuse a visa once an application is properly filed — a duty it has failed to fulfill in this case.
Faruqui cited State Department regulations requiring consular officers to act on visa applications and deliver a final decision. He also invoked the Accardi doctrine, which holds that federal agencies must adhere to their own rules and procedures.
While Faruqui did not rule on whether the delays were “unreasonable,” his decision allows the case to proceed, setting up a fuller legal battle over the plaintiffs’ claims.
The ruling leaves open the possibility that the court could ultimately order the government to issue a final decision.
This comes after President Trump announced on Monday that he had a “positive” call with Brazilian President Luiz Inacio Lula da Silva.
President Luiz Inacio Lula da Silva asked Trump to remove the 40% tax on Brazilian exports and the restrictions the U.S. put on local governments. The two leaders talked on the phone for 30 minutes earlier in the day and promised to meet in person “soon.” The statement added that the call was cordial.
According to the statement, Lula suggested a meeting during the ASEAN Summit in Malaysia and said he would be willing to go to the US. Brazil’s government stated that both presidents exchanged phone numbers so they could communicate directly.
Fernando Haddad, Brazil’s finance minister, told reporters in Brasilia following the meeting that the call was “positive.” Geraldo Alckmin, the Vice President, and Mauro Vieira, the Foreign Minister, were also there.
Trump claimed last month that he wanted to meet with Lula after a brief meeting at the U.N. General Assembly in New York. He also remarked that they had “excellent chemistry.”
Brazilian markets have been eagerly watching the meeting between the two leaders as Brazil had to pay some of the highest tariffs in the world.
At first, Brazil had to pay a minimum duty of 10%, but Trump later boosted the rate to 40% on a number of important exports, making the total tax 50%.
Trump argued at the time that the tariffs were a retaliation to what he called a “witch hunt” against his ally, former Brazilian President Jair Bolsonaro. Bolsonaro was eventually convicted to 27 years in prison for trying to mount a coup to stay in power after losing the 2022 elections to Lula.
The Trump administration used the Magnitsky Act to punish Brazil’s Supreme Court Justice Alexandre de Moraes, who was in charge of Bolsonaro’s case. It also took away the visas of six high-ranking officials, such as Jorge Messias, the Brazilian solicitor-general.
Lula said at the U.N. General Assembly last month that there was no reason for Brazil’s institutions and economy to be targeted by one-sided and arbitrary actions without naming Trump.
AI Model Makes Stunning Prediction of 2028 Presidential Winner
An artificial intelligence model has generated a speculative forecast about the 2028 U.S. presidential election, despite official candidates not yet being known, drawing attention on social media and YouTube.
The forecast was produced using Grok, an AI chatbot developed by the company associated with Elon Musk, after a YouTube channel asked the system to simulate a likely outcome based on a set of hypothetical candidates. The simulation included state-by-state projections, an electoral map, and projected vote totals for chosen figures from both major parties.
As the host explains, “In this video, I asked Grok AI to predict the 2028 presidential election and give us a map forecast.”
In the end, Vance was predicted to take 312 electoral votes to Harris’ 212, according to the simulation; 270 are needed to win the presidency.
On the Democratic side, Kamala Harris currently holds the lead in early primary polling with 32 percent of the support, putting her ahead of California Governor Gavin Newsom, who has 23.8 percent.
Former Biden Transportation Secretary Pete Buttigieg is in third place, just shy of 10 percent, while Representative Alexandria Ocasio-Cortez and Pennsylvania Governor Josh Shapiro follow close behind.
The host notes that Harris’s resurgence may surprise some, given that “many people did write Kamala Harris off following her 2024 election defeat.”
Recent polling indicates that she is regaining her advantage. Additionally, the betting markets reflect this positive trend, now suggesting there’s a 56 percent chance she will seek the Democratic nomination in 2028, a significant rise from just 11.2 percent a few months back.
“Today, it is more likely than not that she is going to run again,” the video states.
On the Republican side, Vice President JD Vance leads early polling with 49.2 percent support, significantly ahead of Donald Trump Jr., who is trailing by 29 points. Senator Marco Rubio has 12.5 percent, while Florida Governor Ron DeSantis stands at 9.2 percent.
According to the simulation, Vance is the clear favorite for the GOP nomination, with a 46 percent chance of becoming the party’s standard-bearer. Rubio follows with an 18 percent chance.
The host notes: “If nothing big changes, he will very likely become the party’s nominee in the next presidential race.”
Grok’s simulation begins by defining “solid” states as those with a margin of 15 points or more. Vance’s solid column includes the following states: Utah, Idaho, Montana, Wyoming, North Dakota, South Dakota, most of Nebraska, Kansas, Oklahoma, Missouri, Arkansas, Louisiana, Mississippi, Alabama, Tennessee, Kentucky, West Virginia, Indiana, South Carolina, and Ohio.
The inclusion of Ohio marks a significant shift; once a key battleground, the state has trended sharply to the right, Newsner noted.
“It is not difficult to see that he will carry the Buckeye State by a solid 15-point margin,” particularly following Donald Trump’s double-digit win there in 2024, the host said in the video.
Harris’s group of solid states mirrors much of her 2024 coalition, showing some modest gains. She is projected to win the states of Washington, California, Hawaii, Vermont, Massachusetts, Connecticut, Delaware, Maryland, the District of Columbia, and Maine’s first congressional district by at least 15 points. Notably, the model predicts that Connecticut and Delaware will return to solid Democratic margins after experiencing narrower results in 2020.
After accounting for solid states, Vance leads with 139 electoral votes to 108. Additionally, the “likely” category, which contains margins between 5 and 15 points, further enhances his advantage.
He is projected to win in Iowa, North Carolina, Florida, Texas, Arizona, Alaska, and Maine’s second district.
Florida and Texas are viewed as firmly Republican due to recent gains by the party, while Arizona, which was narrowly won by Trump in 2024, is expected to remain in Republican hands. With these solidly Republican and likely states counted, Vance would secure 246 electoral votes, leaving him just 24 votes short of the 270 needed to win.
In the end, Vance is expected to take 312 electoral votes to Harris’ 212, according to the simulation; 270 are needed to win the presidency.
WATCH:
