UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA HUASHAN ZHANG, et al., Plaintiffs, v. No. 15-995 (EGS) UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, et al., Defendants. MEMORANDUM OPINION I. Introduction Plaintiffs Huashan Zhang (“Mr. Zhang”) and Mayasuki Hagiwara (“Mr. Hagiwara”) (collectively, “Plaintiffs”) brought this action on behalf of themselves and a class of EB-5 investors following an announcement from the United States Citizenship and Immigration Services (“USCIS”) that cash acquired from a loan would be treated as “indebtedness” and no longer be considered “cash” for purposes of their visa petitions. See Huashan Zhang v. U.S. Citizenship & Immigr. Servs., 344 F. Supp. 3d 32, 41-42 (D.D.C. 2018), aff’d, 978 F.3d 1314 (D.C. Cir. 2020). Now pending before the Court is Plaintiffs’ Motion for Attorney’s Fees and Expenses. See Pls.’ Mot. Atty’s Fees & Expenses Under Equal Access to Justice Act (“Pls.’ Mot.”), ECF 1 No. 51. Plaintiffs seek fees for 1,017.85 hours, calculated using three different hourly rates: (1) $429,986.00, applying the regular hourly rates of Plaintiffs’ counsel; (2) $452,411.00, applying the Laffey Matrix hourly rates; or (3) $198,645.03, applying their calculation of the relevant statutory hourly rate as adjusted for cost-of-living increases. See id. at 16-22. 1 Plaintiffs also seek reimbursement of $3,802.00 in costs. See Ex. B, ECF No. 51-2. Defendants USCIS; Alejandro Mayorkas, 2 in his official capacity as Secretary of the U.S. Department of Homeland Security; Ur Jaddou, 3 in his official capacity as Director of USCIS; and Alissa Emmel, 4 in her official capacity as Chief of the Immigrant Investor Program as USCIS (collectively, “Defendants”) oppose this request. See Defs.’ Resp. Pls.’ Mot. Atty’s Fees & Expenses (“Defs.’ Opp’n”), ECF No. 54. 1 When citing electronic filings throughout this Opinion, the Court refers to the ECF page numbers, not the page numbers of the filed documents. 2 Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the current Secretary of the U.S. Department of Homeland Security, Alejandro Mayorkas, is substituted as Defendant for the former Secretary, Jeh Johnson. See Fed. R. Civ. P. 25(d). 3 Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the current Director of USCIS, Ur Jaddou, is substituted as Defendant for the former Director, Leon Rodriguez. See Fed. R. Civ. P. 25(d). 4 Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the current Chief of the Immigrant Investor Program at USCIS, Alissa Emmel, is substituted as Defendant for the former Chief, Nicholas Colucci. See Fed. R. Civ. P. 25(d). 2 Upon careful consideration of Plaintiffs’ motion, the opposition, and reply thereto, the applicable law, and the entire record herein, the Court hereby DENIES IN PART without prejudice Plaintiffs’ Motion for Attorney’s Fees, ECF No. 51, as to whether Mr. Hagiwara meets the EAJA’s net worth requirement; and HOLDS IN ABEYANCE IN PART the Motion as to the remaining issues. II. Background A. Factual This litigation concerns the EB-5 visa program, through which immigrant investors who invest a minimum amount of capital in …
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