Jain

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 SAURABH JAIN, et al., Case No. 21-cv-03115-VKD

Plaintiffs,

ORDER RE CROSS-MOTIONS FOR

v. SUMMARY JUDGMENT

UR M. JADDOU, Re: Dkt. Nos. 56, 59 Defendant.

13 Plaintiffs are ten foreign nationals who applied for immigrant visas under the immigrant investor visa program known as “EB-5.” 8 U.S.C. § 1153(b)(5). They allege that U.S. Citizenship and Immigration Services (“USCIS”) has unreasonably delayed adjudication of their Form I-526 petitions, and they seek judicial review of the agency’s action under the Administrative Procedure Act, 5 U.S.C. §§ 555(b), 706(1). Dkt. No. 1 ¶¶ 195-200. In May 2021, plaintiffs moved for a preliminary injunction. Dkt. No. 14. The Court denied the motion. Dkt. No. 33. On July 16, 2021, USCIS filed a motion to dismiss plaintiffs’ complaint. Dkt. No. 36. Before the Court could hear the motion, the parties stipulated to stay this case,…