Update on October 14, 2022: As you know, we have filed a Notice of Appeal the district court judge’s decision denying the motion for preliminary injunction to the United States Court of Appeals for District of Columbia Circuit. We are to present a statement of issues, and the government is required to file any procedural motions, by November 7, 2022.
Yesterday, we were to file a joint status report with the district court. The government decided to use that opportunity to present legal arguments, and instead of providing the judge what was asked, the government simply filed their own status report, without notice. The government is taking a hard stand and arguing that lawsuit in the district court should be stayed or put on hold until the appeals court makes a decision. They also argue they should have ability to file motion to dismiss and that any request for discovery is premature until the judge hears argument about the motion to dismiss.
In our status report, we proposed a schedule for the case to move forward, for the judge’s review and approval. Additionally, we indicated that the Defendants allowed the court to base its preliminary injunction decision, in part, on a factual misrepresentation by USCIS, that the government would be issuing thousands more EB-5 visas, when in reality, their plan was to allow them to “fall up” for use in the EB-1/2/3 categories. Finally, it is our position that discovery is appropriate, that the defendants should produce the “record” or evidence which was the basis for their allegations, and that we should have the ability to complete discovery to supplement it.
We will continue to update you on the case as news becomes available.
Bernie and Brad