Doe v. Nielsen

Ct. of Appeals disqualified on conflict of interest grounds alien’s law firm in alien’s appeal of Order by U.S. Citizenship and Immigration Services (USCIS) that had denied alien’s application for lawful permanent resident status under EB-5 visa program for aliens who can demonstrate that they have invested capital in “new commercial enterprise” in U.S. Alien argued that issuance of visa was appropriate, where he invested $500,000 to ultimately build and operate memory care facility in Illinois, and USCIS based denial on concern that memory care facility had not been built even though it had been first proposed in 2011. Also, during briefing of case, partner in law firm representing alien had been named in SEC action accusing partner of defrauding 226 aliens, including instant alien, of over $88 million by failing to invest and ultimately squandering said funds. As such, Ct. of Appeals disqualified all three members of law firm, even though associate in said firm actually represented alien, since: (1) self-interest of partner would inhibit associate from alleging that partner’s fraud was reason for failure to build memory care facility and from seeking reconsideration of USCIS decision; (2) partner had divided obligations among various alien investors as to which businesses to fund with limited resources; and (3) there was no chance that associate would upset partner’s position in SEC case.