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We Have Secured the First Victory Against an I-526 Motion to Dismiss Following Da Costa

On September 25, 2023, the Chief Judge of the United States District Court for Western District of Kentucky held that our Plaintiffs had stated a claim for their I-526 delays. See Guthikonda v. Jaddou, 3:22-cv-00375. A copy of the Judge’s decision is attached.

We held off on reporting this as we had been working hard to settle the matter with the Government following our victory. Happily, the case has settled and all plaintiffs have now had an adjudication on their cases, as of yesterday, October 25, 2023.

In Guthikonda, our clients filed their Forms I-526 between May and November 2019. After weighing the Government’s argument that the case should be dismissed, Judge Greg N. Stivers held that the Complaint “alleged sufficient facts to bring into question whether [the Government’s purported] rule of reason actually governs the adjudication of I-526 petitions.” In the view of the Court, this was “the ‘most important factor.’”

Importantly, Guthikonda appears to be the first (and to date only) I-526 mandamus victory for EB-5 investors 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 Guthikonda. Those who followed the Da Costa saga may be familiar with our Firm’s role as amicus curiae for the investors.

Unfortunately, the Da Costa court seemed to avoid consideration of any of the issues or evidence raised in our amicus brief.

Assisting on the Guthikonda briefing was Associate Attorney Halston Chavez.

For more information regarding delay litigation, contact us today.

Guthikonda ECF 25 WDKY
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