Notwithstanding the EB-5 Regional Center Lapse, We Prevailed Against an I-485 Motion to Dismiss
On September 24, 2021, District Court Judge David O. Carter of the Central District of California issued the attached order denying USCIS’ Motion to Dismiss our Amended Complaint seeking mandamus relief, specifically demanding adjudication of a pending Regional Center based adjustment of status, work authorization document request, and advance parole filing. Importantly, our complaint survived the Government’s motion that had argued that the I-485 claim was moot because of the EB-5 Regional Center program lapse.
In Nandu v. Jaddou, the plaintiffs had filed their Forms I-485 and requests for interim work and travel benefits in July 2020. Following nearly nine months without any action (including no biometrics scheduling) we filed suit alleging unreasonable delay. Following our Amended Complaint after the June 30, 2021 Regional Center program lapse, the Government sought to dismiss our case under federal Rules 12(b)(1) (for no jurisdiction because of the lapse) and 12(b)(6) (for failure to state a claim, as was sought in Raju and Gutta).
In denying the Rule 12(b)(1) motion, Judge Carter wrote that because the Amended Complaint “alleges issues in the adjudication of their I-485 complaint well before the lapse occurred, [Plaintiff’s claims are] appropriate for adjudication.” Notably, with regard to the Rule 12(b)(6) motion, the Court found that “Plaintiffs make numerous cites to changing and contradictory reports on adjudication times and national median averages for processing times, all of which if taken as true, suggest the lack of a rule of reason.”
We will limit further commentary at this time because this litigation matter remains ongoing. We would like to thank local counsel and longtime friend of the firm Belma Demirovic Chinchoy for her continuing on-the-ground assistance in this matter.