UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PRITI GARG NOHRIA, Plaintiff, Civil Action No. 20-cv-2085 v. Chief Judge Beryl A. Howell 1 TRACY RENAUD, Senior Official Performing the Duties of the Director, U.S. Citizenship and Immigration Services, Defendant. MEMORANDUM OPINION Plaintiff Priti Garg Nohria, an Indian citizen residing in the United States, Compl. ¶ 28, ECF No. 1, seeks to compel the U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate her I-526 petition “for classification as a fifth preference immigrant to pursue permanent resident status based on investing $500,000 in a new commercial enterprise through a project that [d]efendant already approved for receiving pooled foreign investments,” id. at 1, after her petition had been pending without decision for less than two years, id.; Def.’s Not. Suggestion of Mootness (“Def.’s Not.”), ECF No. 13. USCIS has moved to dismiss the complaint, under Federal Rule of Civil Procedure 12(b)(6), for failure to “allege a plausible claim that the alleged delay constitutes an unreasonable delay upon which relief may be granted under the Administrative Procedure Act,” Def.’s Mem. P&A Supp. Def.’s Mot. Dismiss (“Def.’s Mem.”) at 1, ECF No. 7, and as moot because plaintiff’s I-526 petition has been approved, Def.’s Not. Plaintiff disputes that her complaint is moot until USCIS transfers the approval of her 1 Pursuant to Federal Rule of Civil Procedure 25(d), plaintiff automatically substitutes Tracy Renaud, successor to formerly listed Kenneth T. Cuccinelli, as the defendant in this action. 1 petition to the National Visa Center for processing, Pl.’s Resp. Order to Show Cause Relating to Def.’s Not. (“Pl.’s OTSC Resp.”) at 2, ECF No. 14, and further contests USCIS’s motion to dismiss, see generally Pl.’s Mem. P&A Opp’n Def.’s Mot. Dismiss (“Pl.’s Opp’n”), ECF No. 8. For the reasons set forth below, this complaint must be dismissed as moot. I. BACKGROUND Following brief review of the statutory and regulatory background, the factual history underlying the claims and procedural history of this case are summarized below. A. Statutory and Regulatory Background 1. EB-5 Classification Generally The Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1101 et seq., authorizes the issuance of visas to different categories of immigrants, including, under the so-called “EB-5” program, to immigrants who contribute to “employment creation” by investing in new commercial enterprises that create full-time jobs for American workers, see Immigration Act of 1990, Pub. L. No. 101-649, § 121(a), 104 Stat. 4978, 4989 (Nov. 29, 1990) (codified at 8 U.S.C. § 1153(b)(5)); see 8 C.F.R. § 204.6 (2020) (defining the requirements and process for EB-5 “alien entrepreneur” classification). To qualify for a visa under the EB-5 program, an immigrant must “create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residency or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant’s spouse, sons, or daughters).” 8 U.S.C. § 1153(b)(5)(A)(ii). To that end, the immigrant must have made or be in the process of making an investment …
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