Kalinowsky

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 MARK W. KALINOWSKY, Case No. 22-cv-07209-VKD

Plaintiff, ORDER DENYING PLAINTIFF’S

MOTION FOR SUMMARY

v. JUDGMENT AND GRANTING

DEFENDANTS’ CROSS MOTION FOR

ALEJANDRO MAYORKAS, et al., SUMMARY JUDGMENT Defendants. Re: Dkt. Nos. 19, 22

13 Plaintiff Mark Kalinowsky is a Canadian national who applied for an immigrant visa under the EB-5 immigrant investor visa program. He alleges that the U.S. Citizenship and Immigration Services (“USCIS”) has unreasonably delayed adjudication of his visa application, known as a Form I-526 petition. He seeks review of defendants’ action under the Administrative Procedures Act (“APA”), 5 U.S.C. §§ 555(b), 706(1), and an order compelling USCIS to adjudicate his petition with 30 days under the Mandamus Act, 28 U.S.C. § 1361.1 The parties have filed cross motions for summary judgment. Dkt. Nos. 19, 22. On August 29, 2023, the Court…