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Immigration Law

EB-5 Mandamus Victory: Lyons v. USCIS

Dustin Saldarriaga writes: "Earlier today we received a favorable decision from Judge Koeltl (SDNY) denying the government’s motion to dismiss where our client (a national of Canada) had been waiting more than three years for a decision on his I-526 petition. ... Judge Koeltl cited to various cases ... from Velegapudi and Lammers to Keller Wurtz and Liu v. Mayorkas. In summary, Judge Koeltl found that none of the six TRAC factors weighed in favor of dismissal. Of particular note, Judge Koeltl found that the first TRAC factor “weighs strongly against dismissal” since “the plaintiff’s allegations raise various factual questions as to whether the delay in the adjudication of his I-526 petition is reasonable, and any attempt to resolve those questions at the pleadings stage would be premature.” Regarding the fourth TRAC factor, Judge Koeltl was not persuaded by the government’s oft-repeated line-skipping concerns: “Because the Court cannot determine the form of relief, if any, that might prove appropriate at the conclusion of the action, and because the Court lacks factual record to evaluate USCIS’s line-skipping concerns, the fourth TRAC factor is neutral at this stage.”