Keller Wurtz v. United States Citizenship and Immigration Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANA INGRID KELLER WURTZ, Case No. 20-cv-2163-JCS
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS
UNITED STATES CITIZENSHIP AND Re: Dkt. No. 14 IMMIGRATION SERVICES, et al., 11 Defendants.
12 I. INTRODUCTION Plaintiff Ana Ingrid Keller Wurtz applied for an EB-5 visa on June 29, 2018. In the period of slightly over two years since then, Defendant United States Citizenship and Immigration Services (“USCIS”1) has not taken action on Keller Wurtz’s application. Keller Wurtz brings this action seeking mandamus requiring USCIS to process her application. USCIS moves to dismiss for failure to state a claim on which relief may be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court finds the matter suitable for resolution without oral argument. For the reasons discussed below, the motion to dismiss is DENIED.2 The hearing previously set for August 14, 2020 at 9:30 AM will proceed instead as a case management…