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Behring Lawsuit Against USCIS: Preliminary Injunction Hearing

On Tuesday, May 10, 2022, the preliminary injunction hearing for the Behring lawsuit against the USCIS was held via Zoom conference. The letter from Congressional leaders from May 9, 2022, which we have sent you earlier in the week, was presented in the case; however, Judge Vince Chhabria did not give much deference to it. Defendant’s attorney (Attorney Josh Press) in the case mentioned that it is Congress’ intent that both the EB-5 case adjudications and regional center designations should be done under 180 days in the EB-5 Reform and Integrity Act of 2022 (“RIA”) but could not find the exact provision which would state that. The judge was trying to understand if there would be a distinction between the existing regional centers and the newly designated ones based on how fast the redesignation will take place but was told there was no distinction in the new law.

 

Judge Chhabria questioned whether there would be any difference in postponing the ruling after May 14, 2022 (when the Regional Center Program was set to reopen per the RIA) and 2 weeks later, after additional supplemental documentation were presented. Plaintiff’s attorney (Attorney Michael Sklaire) did not seem to prove irreparable harm if the Judge delayed his decision. Thus, the Judge requested the defendant (USCIS) to present supplemental documentation by May 18, and the plaintiff by May 23. Judge Chhabria said that he would have a decision by the first half of June 2022.