Wolf

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 BEHRING REGIONAL CENTER LLC, Case No. 20-cv-09263-JSC

Plaintiff,

ORDER GRANTING SUMMARY

v. JUDGMENT IN PLAINTIFF’S FAVOR

ON CLAIM FOUR

CHAD WOLF, et al.,

Defendants.

14 Behring Regional Center, LLC, a California-based Regional Center that sponsors capital investment projects using funds from foreign investors who are EB-5 Immigrant Investor Program applicants, brings this Administrative Procedures Act (“APA”) action against the Department of Homeland Security. Plaintiff contends that Homeland Security violated the APA when it promulgated a final rule in July 2019 amending its regulations for the EB-5 Program (“the Final Rule”). At the hearing on Plaintiff’s motion for a preliminary injunction, the parties agreed to convert Plaintiff’s motion to summary judgment on its fourth claim—that the Final Rule was promulgated “in excess of statutory authority” because Former Acting Homeland Security Secretary Kevin McAleenan was not…