Golden Rainbow Freedom Fund v. Ashcroft

MEMORANDUM **

Golden Rainbow Freedom Fund, a Washington limited partnership, brought this action for the purpose of challenging the Immigration and Naturalization Service’s implementation of the Immigrant Investor Program, 8 U.S.C. § 1153 (b)(5), and the associated Immigrant Investor Pilot Program, Pub. L. No. 102-395, § 610 , 106 Stat. 1874 (1992), as amended Pub. L. No. 105-119, § 116 (a), 111 Stat. 2467 (1997), and Pub. L. No. 106-396, § 402 , 114 Stat. 1647 (2000). The district court granted summary judgment to the INS and Golden Rainbow appealed. We affirm.

First, we agree with Golden Rainbow that it has standing to assert its own claim for harm that it has allegedly suffered by reason of the position of the INS. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 , 112 S.Ct. 2130, 2136 , 119 L.Ed.2d 351 (1992); Yesler Terrace Cmty. Council v. Cisneros, 37 F.3d 442 , 445-46 (9th Cir.1994); Pac. N.W. Generating Coop. v. Brown, 38 F.3d 1058 , 1065-66 (9th Cir.1994). That is true, even to the extent that its harm flows from the INS’s actions toward third parties — the immigrant investors. 1 See Parks Sch. of Bus., Inc. v. Symington, 51 F.3d 1480, 1487-88 (9th…