John Does vs U.S. Citizenship and Immigration Services
Filing Date:May 05, 2016
Case:John Does v. USCIS, et. al.,
Jurisdiction:Federal District Court for the District of Columbia
Civil / Criminal:Civil
Action exceeding statutory authority
Denial of petition
Plaintiffs’ opposition relies on the application of a much higher standard of review than is permitted under the Administrative Procedure Act (“APA”) and seeks an improper limit on agency authority to adjudicate pending petitions where no injunction had been entered. The administrative record in this case is comprised of three exemplar records (labeled John Doe 1 (“JD1”), John Doe 2 (“JD2”), and John Doe 3 (“JD3”)) which represent the three general categories of denials issued to Plaintiffs. Defendants are entitled to judgment on Plaintiffs’ claims challenging the JD3 and JD1 denials and seek remand on the JD2 denial so that the agency may reconsider those denials in a manner consistent with the Court’s decision on the parties’ cross-motions. Defendants are entitled to summary judgment on the sufficiency of the JD3 denials. There, U.S. Citizenship and Immigration Services (“USCIS”) correctly identified four independent grounds for denying Plaintiffs’ petitions: (1) Plaintiffs’ proposed investment in an ever-changing list of job creating entities is not sufficient to show at the time the petition was Case.
JOHN DOES 1-53 v. USCIS (EB-5) (D.DC 5-27-2016) USCIS Reply to Cross Motionjohndoes1-53v-160626000928.pdf
This website is for informational purposes only and does not constitute an offer or solicitation to sell shares or securities. Any such offer or solicitation will be made only by means of an investment's confidential Offering Memorandum and in accordance with the terms of all applicable securities and other laws. This website does not constitute or form part of, and should not be construed as, any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied on in any connection with, any contract or commitment whatsoever. EB5Projects.com LLC and its affiliates expressly disclaim any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in the website, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting therefrom.