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  • Writer's pictureMatthew Galati

We Have Prevailed Against Another I-526 Motion to Dismiss, This Time in Ohio


On March 27, 2024, Judge Edmund A. Sargus Jr. of the Southern District of Ohio held that our Plaintiffs had stated a claim for their I-526 delays. See Chhajed v. Jaddou, 2:23-cv-00483. A copy of the Judge’s decision is attached.


In Chhajed, our clients filed their Forms I-526 between February 14 and November 18, 2019. After weighing the Government’s argument that the case should be dismissed given the average Form I-526 processing times, Judge Sargus held that the Sixth Circuit “has given very little weight to the average adjudication time of petitions when assessing [claims for delay].” In balancing the factors under the oft-cited TRAC analysis, the Court held that the Complaint alleged plausible claims and that the Motion to Dismiss was to be denied.


Chhajed builds upon our victory last September in Guthikonda,  which proved to be important in Judge Sargus’ analysis. These victories evidence that mandamus cases may still move forward notwithstanding the hurdles in place following the D.C. Circuit’s August 2023 ruling in Da Costa v. Immigrant Investor Program Office, 80 F.4th 330. In Da Costa, the D.C. Circuit upheld a dismissal of three investors with filing dates similar to Chajjed and Guthikonda. Those who followed the Da Costa saga may be familiar with our Firm’s role as amicus curiae for the investors.

 

Assisting on the Chajjed briefing was Associate Attorney Halston Chavez. Special thanks to local counsel Crucita Flecha!

 

For more information regarding delay litigation, contact us today.


ECF 18 -- Denial Mot Dismiss Chhajed
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