UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA YVONNE NKRUMAH, ) Plaintiff, V. Civil Case No. 20-1892 (RJL) MICHAEL R. POMPEO, et al., Defendants. MEMORANDUM OPINION October Bon [Dkt. #13] Plaintiff Yvonne Nkrumah—a Ghanaian citizen who works for the World Bank in Washington, D.C.—challenges the U.S. Department of State’s determination that her presence in the United States is not desirable, which may ultimately result in the revocation of her G-4 visa. She claims that this “undesirability” determination was made without following applicable procedures for the revocation of visas. Because plaintiff was informed with approximately two weeks’ notice that she must depart the United States by July 15, 2020 (later extended until September 25, 2020), plaintiff moved for a temporary restraining order and then a preliminary injunction barring the U.S. Department of State from revoking her visa until applicable procedures were followed. Before this Court is plaintiff's Motion for a Preliminary Injunction [Dkt. #13]. Upon consideration of the parties’ briefing and argument, the relevant law, and the entire record, and for the reasons stated below and in the Court’s September 23, 2020 hearing, plaintiff's motion for a preliminary injunction is DENIED. BACKGROUND Plaintiff Yvonne Nkrumah is a Ghanaian citizen who works for the World Bank in | Washington, D.C. See Compl. § 1 [Dkt. #1]. She is a Senior Operations Officer who deals with issues related to international access to medicines. Jd. § 1; Pl.’s Mem. in Supp. of Mot. for Prelim. Inj., Ex. B, Decl. of Yvonne Nkrumah (“Nkrumah Decl.”) {J 2, 4 [Dkt. #14-2]. She has lived in the United States since 2007 pursuant to a G-4 visa, which is reserved for officers and employees of international organizations. Compl. §§ 1-2. She lives with her husband and their two adult children in Rockville, Maryland. Id. 4 3; Nkrumah Decl. § 3. On June 29, 2020, the U.S. Department of State’s Office of Foreign Missions (“OFM”) sent a letter informing the World Bank that “under 22 U.S.C. § 288(d), Yvonne Nkrumah’s presence in the United States has been determined not to be desirable.” Compl. 4] 9; Pl.’s Mem. in Supp. of Mot. for TRO, Ex. A, Letter from Cliff Seagroves (June 29, 2020) (“June 29, 2020 Letter’) [Dkt. #5-1]. The letter was signed by Cliff Seagroves, the Principal Deputy Director of the Office of Foreign Missions. See June 29, 2020 Letter. This “undesirability” determination arose from a Diplomatic Security investigation into Ms. Nkrumah for submitting a fraudulent contract in support of a G-5 visa application for a domestic worker and participating in a scheme to underpay and overwork the G-5 visa holder. Jd. The letter states that, “[i]f Ms. Nkrumah does not depart the United States by July 15, 2020, Ms. Nkrumah will no longer be entitled to the benefits accorded to employees of designated international organization under U.S. law, including the immigration benefit of ‘G’ nonimmigrant visa status.” Jd. 2 On July 13, 2020, plaintiff filed a three-count Complaint alleging that OFM’s undesirability determination (1) failed to follow ...
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