Diversity Visa eligibility ends with the fiscal year

In Mwasaru v. Napolitano, http://www.ca6.uscourts.gov/opinions.pdf/10a0280p-06.pdf (published), the alien filed a mandamus complaint seeking adjudication of her FY 2007 Diversity Visa Lottery application.

The Court agreed with the 2nd, 3rd, 9th, and 11th circuits in finding that 8 USC 1154 prohibits issuance of diversity visas after the close of the fiscal year.  As unfair as it is, these courts have found that the statute simply does not allow for the issuance of these visas after the end of the fiscal year, regardless of government processing errors.  It made no difference that Mwasaru filed her mandamus complaint before the close of the fiscal year, although perhaps there is some room to distinguish this case from future cases because the USCIS denied her application and she sought to renew her application in Immigration Court.

The Court denied her mandamus complaint as moot.