Mario Khan vs U.S. Citizenship and Immigration Services

Filing Date:June 14, 2016

Case:Mario Kahn v. Nicholas Colucci et al.,

Jurisdiction:Federal District Court for the District of Columbia

Status:Resolved

Civil / Criminal:Civil

Due process violations

This action is brought to remedy the unlawful, unreasonable, arbitrary and capricious delay by the U.S. Citizenship and Immigration Services (“USCIS” or “the agency”) in adjudicating the Form I-526, “Immigrant Petition by Alien Entrepreneur” (“Form I-526 Petition”), filed by Plaintiff Mario Kahn over two years ago. Mr. Kahn’s Form I-526 Petition meets all the requirements for approval. The agency’s continuing and inexcusable delay in acting on Mr. Kahn’s Form I-526 Petition is contrary to the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 555(b), 706(1), 706(2)(A), (C), (D), and warrants an exercise of this Court’s mandamus power under the Mandamus and Venue Act (“Mandamus Act”), 28 U.S.C. § 1361. The continued delay in adjudicating Mr. Kahn’s petition is causing him and his family significant harm. Moreover, the agency’s delay is depriving the United States of the talent and drive of an immigrant investor and entrepreneur who is precisely the sort of individual Congress contemplated making a positive economic impact in America when it created the EB-5 immigrant investor program. Accordingly, Mr. Kahn, by and through undersigned counsel, respectfully requests that this Court issue an order—pursuant to the APA and the Mandamus Act—directing Defendants to adjudicate Mr. Kahn’s Form I-526 Petition within 15 days. PARTIES AND JURISDICTION 1. Plaintiff Mario Kahn is a citizen of Mexico. He lawfully entered this country on an E-1 “Treaty Trader” visa in 2007. Other than a brief stay in Mexico when his E-1 visa was not timely renewed due to USCIS’ processing delays, Mr. Kahn has lived in the United States lawfully and continuously since that time.