Courtney Carlsson, ET AL vs U.S. Citizenship and Immigration Services

Filing Date:September 13, 2012

Case:COURTNEY CARLSSON, ET AL. v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, ET AL.

Jurisdiction:Federal District Court for the Central District of California

Status:Resolved

Civil / Criminal:Civil

Arbitrary and capricious action/decision making

On September 13, 2012, plaintiffs Courtney Carlsson, et al., filed the instant complaint for declaratory and injunctive relief against defendants United States Citizenship and Immigration Services (“USCIS”); Janet Napolitano, Secretary of the U.S. Department of Homeland Security; Alejandro Mayorkas, Director of USCIS; and Rosemary Melville, Director of USCIS California Service Center. Dkt. No. 1. Plaintiffs are a group of immigrant investors who were denied conditional residency in the United States after USCIS denied or revoked their petitions to gain immigration status as alien entrepreneurs. On February 12, 2014, plaintiffs filed the operative First Amended Complaint (“FAC”). Dkt. No. 27. On January 25, 2015, defendants filed a motion for an order affirming the agency’s decisions, noticed for hearing on April 20, 2015. Dkt. No. 34. On February 23, 2015, plaintiffs filed a motion to hold in abeyance defendants’ motion pursuant to Federal Rule of Civil Procedure 56(d), pending further discovery. Dkt. No. 38. Defendants filed an opposition on March 2, 2015, and plaintiffs replied on March 9, 2015. Dkt. Nos. 44, 46. On March 23, 2015, the Court held a hearing on the motion, at which counsel for the parties appeared and argued.