Mario Khan vs U.S. Citizenship and Immigration Services

Views: 2387


Mario Khan


Preview usccis
U.S. Citizenship and Immigration Services

Nicholas Colucci

Filing Date:June 14, 2016

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

Jurisdiction:Federal District Court for the District of Columbia


Civil / Criminal:Civil

Cause(s) of Action:

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.

Attorneys, Regional Centers and Firms
Mintz Levin Cohn Ferris Glovsky and Popeo PCU.S. Citizenship and Immigration ServicesWilliam A. Davis


Securities Disclaimer

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. 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.