A federal court has dismissed a case involving a couple seeking a diversity visa, stating that they must pursue their claims through an existing class action. The ruling affects those who won the diversity visa lottery but face delays in processing due to a pause by the State Department.
The case, Turkenitz Gadasi v. Rubio, was filed in the District Court for the District of Columbia on September 17, 2026. The plaintiffs, Sapir Turkenitz Gadasi and her husband Inon Gadasi, won the diversity visa lottery for fiscal year 2026. However, while Mrs. Gadasi received her visa, Mr. Gadasi's application was delayed due to a pause in visa issuances by the Department of State. The couple sought a court order to expedite Mr. Gadasi's application before the fiscal year deadline of September 30, 2026.
The dispute arose after the State Department paused all diversity visa issuances following a violent incident involving a diversity visa recipient. This pause left many applicants, including Mr. Gadasi, in limbo as they awaited their visa processing. The plaintiffs argued that Mr. Gadasi's application was being unfairly withheld solely due to this pause. They requested a preliminary injunction to allow for the processing of Mr. Gadasi's visa application.
The case was complicated by the fact that the Gadasis are part of a subclass in a larger class-action lawsuit, Medani v. Trump, which was filed in June 2026. That case challenges the same pause policy and has already received a preliminary injunction from a California court, ordering the State Department to expedite visa processing. The Gadasis argued that the relief in Medani was insufficient for their specific situation.
Judge Christopher R. Cooper ruled on the case, stating that the Gadasis must seek relief through the Medani class action rather than through their separate lawsuit. The court emphasized the importance of the first-to-file rule, which dictates that when two cases involving the same parties and issues are filed, the first case should take precedence. Judge Cooper noted, "The court supervising the class is best positioned to determine whether prioritizing Mr. Gadasi’s application is warranted."
In his opinion, Judge Cooper explained that the plaintiffs could not succeed on the merits of their claims because they were already represented in the Medani case. He stated, "Plaintiffs cannot succeed on the merits because of the first-to-file rule." The court dismissed the Gadasis' case without prejudice, meaning they can still pursue their claims within the Medani class action.
This ruling has significant implications for other diversity visa applicants facing similar delays. It reinforces the idea that individuals must seek relief through established class actions when their claims overlap with those of other plaintiffs. The court's decision aims to prevent piecemeal litigation and ensure that all class members receive consistent treatment under the law.
The impact of this ruling extends beyond the Gadasis to thousands of other diversity visa applicants who may find themselves in similar situations. It underscores the importance of collective legal action in immigration cases, particularly when systemic issues affect large groups of people. The ruling may also deter individuals from filing separate lawsuits that could complicate or undermine existing class actions.
Looking ahead, the Gadasis can still pursue their claims through the Medani case, which remains active in the Northern District of California. They may seek to address their concerns about the pace of visa processing and the adequacy of the relief granted in that case. The outcome of the Medani lawsuit could ultimately determine the fate of many diversity visa applicants, including the Gadasis.
Overall, the court's decision in Turkenitz Gadasi v. Rubio highlights the challenges faced by diversity visa applicants and the importance of navigating the legal system effectively. As the fiscal year deadline approaches, many applicants will be watching closely to see how the Medani case unfolds and what it means for their own visa applications.