Singh v. Mayorkas
- John Cronan
- 1:21-cv-02852
- U.S. District Court · Southern District of New York
- 2
In Singh v. Mayorkas, Judge Cronan granted a stay because the EB-5 Regional Center Program’s authorization had expired and might be renewed.
The plaintiffs seeking adjudication of their EB-5-based Forms I-485 and the government, including USCIS, were affected. The case was paused, and its conferences and deadlines were adjourned indefinitely.
What happened
In Singh, et al. v. Mayorkas, et al., the plaintiffs asked the court to require U.S. Citizenship and Immigration Services to decide their applications for permanent resident status. Their applications were based on investments through the EB-5 Immigrant Investor Regional Center Program.
The government asked to pause the case because Congress had not renewed the Regional Center Program after its authorization expired on June 30, 2021. The government said Congress might renew the program and that the agency was holding related applications. The plaintiffs agreed to the requested pause.
Judge John P. Cronan granted the request to stay the case. He adjourned all conferences and deadlines indefinitely and ordered the parties to file a joint status report by November 24, 2021, about the program’s status.
The detailed version
- Singh v. Mayorkas · No. 1:21-cv-02852
- John Cronan
- Sept. 24, 2021
Background
The plaintiffs sought an order requiring U.S. Citizenship and Immigration Services (USCIS) to adjudicate their Forms I-485, applications to register permanent residence or adjust status. Their applications were based on Form I-526 petitions involving investment through the EB-5 Immigrant Investor Regional Center Program.
The opinion explains that the Regional Center Program allows certain immigrant investors to satisfy the employment-creation requirement through presumed indirect job creation based on an economic formula. Unlike the direct EB-5 option, the Regional Center Program requires periodic authorization by Congress. Its authorization expired on June 30, 2021, and Congress had not extended it by the time of the request. The government stated that this authorization had expired before the request and could be renewed in the coming months. It also stated that USCIS was holding Regional Center-related applications, including Forms I-485 based on those petitions.
Request to Pause the Case
The government asked the court to stay, or pause, the case until 30 days after Congress enacted reauthorization legislation or until the court granted either side’s request to lift the stay. The government said this would allow additional time for Congress to act and conserve judicial and party resources. The plaintiffs consented to the request.
Ruling
Judge John P. Cronan granted the request to stay the action. The order adjourned all conferences and deadlines indefinitely. It also required the parties to file a joint status letter by November 24, 2021, advising the court about the status of the Regional Center Program. The government reserved its defenses, including an argument that venue was improper for all but one of the plaintiffs.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.