We Have Secured Yet Another Win for EB-5 Investors in Dinh v. Edlow (I-526E Mandamus), Settlement Secured!

On July 10, 2026, Judge Thomas S. Hixson of the U.S. District Court for the Northern District of California denied USCIS' motion to dismiss in Dinh, et al. v. Edlow, Case No. 26-cv-02697-TSH, a lawsuit filed on behalf of EB-5 investors whose Form I-526E petitions sat with USCIS for as long as three years without a decision. A copy of the order is attached below.

In Dinh, Plaintiffs alleged that USCIS unreasonably delayed adjudication of their I-526E petitions and asked the Court to order the agency to act. In return, USCIS moved to dismiss, arguing that the Court lacked jurisdiction because the pace of adjudication is committed to agency discretion, and alleging that the Administrative Procedure Act independently bars review.

The Court rejected both arguments. The Court held that it retained jurisdiction over Plaintiffs' I-526E unreasonable delay claims because they challenged USCIS' failure to act. In doing so, the Court explicitly found that this reasoning may apply to any type of petition. This is a major step, as USCIS routinely tries to limit the scope of this doctrine to certain case types, arguing that they have discretion over the pace of adjudication claims following the EB-5 Reform and Integrity Act amendments to the Immigration and Nationality Act. At least one other decision held otherwise.

Second, the Court held that our Firm stated a valid claim against USCIS for the delays in the case, applying the TRAC factors.

The Court ordered USCIS to file a responsive pleading by July 31, 2026. However, our Firm was able to secure a settlement for these Plaintiffs, providing adjudication by dates certain. Several clients have received positive adjudications already following the settlement.

This decision adds to a growing body of case law confirming that EB-5 investors are not without recourse if USCIS lets Form I-526E petitions sit unadjudicated indefinitely.

If your I-526E, I-829, or other immigration petition has been pending an unreasonable amount of time, contact us today to discuss your options.

ECF 19 Order Denying MTD.pdf

Download PDF • 307KB