EB5 Investors Magazine Volume 7, Issue 2 | Page 70

TOP LITIGATION AT TORNEYS IRA KURZBAN KURZBAN, KURZBAN, TETZELI & PRATT, P.A. Ira Kur zban is the chair of the immigration department of the law firm of Kurzban, Kurzban, Tetzeli & Pratt, P.A., based in Miami, Florida. He is a former national president and former general counsel of the American Immigration Lawyers Association. He has litigated over 50 federal cases concerning the rights of aliens. Kurzban has extensive litigation experience in investor cases and has been a special counsel to a number of regional centers. Kurzban authors and lectures extensively in the field of immigration law. He holds a Juris Doctor and a master’s from the University of California, Berkeley, and is an adjunct faculty member in immigration and nationality law at the University of Miami. WHAT NEW TRENDS ARE YOU SEEING WHEN IT COMES TO EB-5 LITIGATION? ANY IMPACT FROM THE NEW REGULATIONS? We begin to see a substantial increase in EB-5 litigation in all areas. There are challenges to the regulations; to the counting of derivatives; to the way that USCIS has chosen to define the term “cash” for purposes of an investment. There are also challenges by investors who have understandably grown restless by the long backlogs in adjudications and therefore we see far more mandamus petitions than previously. There are also understandably disgruntled investors who have been defrauded and are taking action along with the SEC to go after people who have committed a variety of fraud and malpractice in the EB-5 areas WHAT HAVE BEEN YOUR MOST IMPACTFUL LITIGATION CASES, AND WHY? We won and recently argued in the Court of Appeals in Washington D.C., Zhang v. USCIS 344 F.Supp.3d 32 (D.D.C. 2018) and Siqing Wang v. USCIS, 366 F.Supp.3d 118 (D.D.C. 2019). We have been successful in scores of mandamus cases that have resulted in USCIS adjudicating and eventually favorably resolving cases on clients’ behalf. We also reversed the termination of a regional center and saved hundreds of investor petitions. Our firm also generally litigates against USCIS, ICE, CBP and DHS in many areas of immigration law. Just recently we won a major victory involving a fraudulent university that was established to entrap foreign students and their advisors. JOHN P. PRATT KURZBAN, KURZBAN, TETZELI & PRATT, PA John P. Pratt is a partner at Kurzban, Kurzban, Tetzeli & Prat t, PA . He concentrates in all areas of immigration and nationality law, including complex EB-5 federal cour t litigation. He was admitted to practice in the state of Florida, the state of New York, the District of Columbia, several district courts, the U.S. Court of Appeals for several circuits, and the U.S. Supreme Court. He serves in the board of governors of AILA and is the former president and director in the board of directors of AILA’s San Francisco chapter. Pratt has received AV rating by Martindale-Hubbell. He holds a bachelor’s degree from Florida State University and a Juris Doctor from Tulane Law School. WHAT TRENDS ARE YOU SEEING WHEN IT COMES TO EB-5 LITIGATION? ANY IMPACT FROM THE NEW REGULATIONS? As previously predicted, there is an increase in litigation by regional centers, projects, and/or investors based on shifting and undefined USCIS policies, inconsistent adjudications, and arbitrary and incorrect legal and factual denials. In addition, 70 EB5 INVESTORS M AGAZINE there is a continued increase in litigation by investors against projects due to bad acts, redeployment and management decisions, and other civil commercial actions. I believe that there will be a big increase in representing investors in USCIS I-829 denied petitions in removal proceedings. Mandamus litigation continues to be critical to avoid undue delays in I-526 and I-829 adjudications, and I believe that inconsistent adjudications based on the new regulations will lead to future litigation. WHAT HAVE BEEN YOUR MOST IMPACTFUL LITIGATION CASES, AND WHY? I still believe that the most impactful case Ira Kurzban, the firm, and I litigated is Chang v. U.S., 327 F.3d 911 (9th Cir. 2003), which continues to be the only federal court circuit decision in EB-5 arena. As previously stated, EB-5 involves complex corporate, securities, immigration and job economic methodologies issues that are challenging. We have been fortunate to work in numerous federal court actions in EB-5, and rely on a great team at the firm. Some of the most important cases currently include one that challenges USCIS policy on “debt arrangements,“ one that challenges the policy of allocating EB-5 immigrant visa numbers and one challenging the interpretation of The Child Status Protection Act in the EB-5 context.