Marzieh Adab, Ian Bowles, Bei Guo, Mohammad Saeid Khorram, David Lawler, Jing Zhang vs U.S. Citizenship and Immigration Services

Filing Date:March 23, 2015

Case:MARZIEH ADAB, ET AL. v. USCIS, ET AL.

Jurisdiction:Federal District Court for the Central District of California

Status:Resolved

Civil / Criminal:Civil

Arbitrary and capricious action/decision making

Plaintiffs Marzieh Adab, Ian Bowles, Bei Guo, Mohammad Saeid Khorram, David Lawler, and Jing Zhang filed this action on June 16, 2014. Dkt. No. 1. (“Compl.”). Plaintiffs assert claims against the United States Citizenship and Immigration Services (“USCIS”); Jeh Johnson, Secretary, U.S. Dept. Of Homeland Security; Nicholas Colucci, Chief, Immigrant Investor Program, USCIS; and Lori Scialabba, Acting Director, USCIS. Id. The gravamen of plaintiffs’ complaint is that defendants acted arbitrarily and capriciously, and violated plaintiffs’ due process rights, in rejecting plaintiffs’ petitions for conditional legal residents status as alien entrepreneurs. On October 20, 2014, defendants filed a motion to transfer this action to the United States District Court for the District of Columbia. Dkt. No. 20. Plaintiff filed an opposition on January 5, 2015, Dkt. No. 21, and defendants replied on January 12, 2015, Dkt. No. 22. The Court heard oral argument on that motion on January 26, 2015, and granted the motion to transfer on February 9, 2015. Dkt. No. 25. On February 17, 2015, plaintiffs filed a motion to certify the transfer order for interlocutory appeal pursuant to 28 U.S.C. § 1292(b). Dkt. No. 26. Defendants filed an opposition on March 2, 2015, and plaintiffs replied on March 9, 2015. Dkt. Nos. 27, 28. On March 23, 2015, the Court held a hearing. As set forth below, the Court concludes that it lacks jurisdiction over the instant motion, and that even if the Court had jurisdiction, it would not certify an interlocutory appeal