Chinese investors vs U.S. Citizenship and Immigration Services

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PlaintiffsDefendants

Preview china
Chinese investors

Peihua WANG

vs.

Preview usccis
U.S. Citizenship and Immigration Services

Jeh Charles Johnson, Leon RODRIGUEZ, Nicholas COLUCCI, Julia HARRISON

Filing Date:December 15, 2016

Case:Peihua WANG Vs. Jeh Charles Johnson, Leon RODRIGUEZ, Nicholas COLUCCI, Julia HARRISON

Jurisdiction:Federal District Court for the District of Columbia

Status:Pending

Civil / Criminal:Civil

Cause(s) of Action:

Negligence

Description:

This action seeks to remedy the unreasonable and unjustifiable delay by the U.S. Citizenship and Immigration Services (“USCIS” or “the agency”) in adjudicating the Form I-526, “Immigrant Petition by Alien Entrepreneur” (“I-526 Petition” or “Petition”), filed by Plaintiff Peihua Wang, a Citizen of the People’s Republic of China, nearly three years ago. The agency’s continuing and inexcusable delay in acting on Mr. Wang’s 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, accordingly, this Court should exercise its mandamus power under the Mandamus and Venue Act (“Mandamus Act”), 28 U.S.C.§ 1361 to grant Mr. Wang relief. Adjudication of the Petition is a nondiscretionary ministerial duty owed to Mr. Wang, and Mr. Wang’s I-526 Petition meets all the requirements for approval. Mr. Wang has no other adequate remedy to obtain that right other than by way of this complaint.

Files
Dec
19
2016

WANG Vs. Johnson (USCIS-IPO) et.al, No. 16-02446 (D.DC 12-15-2016) EB-5 Mandamus Complaint

wang_vs_johnson.pdf
Attorneys, Regional Centers and Firms
U.S. Citizenship and Immigration ServicesGreenberg Traurig, LLPMichael R. Sklaire

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