Case: Moody v. Mayorkas

1:24-cv-00762 | U.S. District Court for the District of Colorado

Filed Date: March 19, 2024

Case Ongoing

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Case Summary

This case presents a challenge to a final rule regarding changes to fees charged for immigration benefits that became effective on April 1, 2024. On March 19, 2024, a private Canadian citizen, IT Service Alliance, and American Immigrant Investor Alliance brought suit in the District of Colorado against the Secretary of the U.S. Department of Homeland Security (DHS) and the Director of U.S. Citizenship and Immigration Service, a bureau of DHS. This case was assigned to Judge Charlotte N. Sweeney…

This case presents a challenge to a final rule regarding changes to fees charged for immigration benefits that became effective on April 1, 2024.

On March 19, 2024, a private Canadian citizen, IT Service Alliance, and American Immigrant Investor Alliance brought suit in the District of Colorado against the Secretary of the U.S. Department of Homeland Security (DHS) and the Director of U.S. Citizenship and Immigration Service, a bureau of DHS. This case was assigned to Judge Charlotte N. Sweeney.

Through private counsel, the plaintiffs challenged a Final Rule regarding changes to fees charged for immigration benefits that was scheduled to become effective on April 1, 2024. The Final Rule, formally titled the “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements,” imposed a non-waivable Asylum Program Fee on employment-based petitioners and more than doubled immigrant investor fees through the Employment-Based Fifth Preference (EB-5) program. The plaintiffs argued that the Final Rule is unlawful because it was enacted without proper notice and comment, imposed an arbitrary fee on certain employment-based petitioners, and significantly increased fees on immigrant investors without completing a statutorily required fee study as mandated by Congress. Furthermore, the complaint alleged that the rule violates the Antideficiency Act and the Administrative Procedure Act by unlawfully diverting funds intended for benefit adjudication to other activities like enforcement and investigation. The plaintiffs contended that these actions are arbitrary and capricious and cause substantial harm to immigrant investors and employers.

On March 25, 2024, the plaintiffs filed a motion for a temporary restraining order (TRO), requesting that the Court enjoin the defendants from implementing the Final Rule in its entirety to maintain the status quo while the Court considers the merits. The plaintiffs argued that without a TRO, they would suffer irreparable harm because the fees they would be required to pay would not be recoverable under the APA.

The Court denied the plaintiff’s motion for a TRO on March 29, 2025. The Court first found that the plaintiffs failed to show that any alleged harm would be great or immediate. In particular, the Court found that the Canadian individual would only have to pay an additional $5,775 in fees, which would not constitute a substantial burden. Additionally, the Court held plaintiffs failed to show a risk of immediate irreparable harm because the Canadian individual’s deadline to file her visa document is almost two years from now and they could recover any unlawful fees from the Federal Claims Court. The Court also weighed the plaintiffs’ unnecessarily delayed filing of their motion for a temporary restraining order against them. Next, the Court found that the injury to the defendants if they granted the plaintiffs’ request would outweigh any potential harm to the plaintiffs because UCIS is almost entirely funded by the fees they collect. Because the plaintiffs failed to satisfy two of the four TRO factors, the Court denied the plaintiffs’ motion.

On October 23, 2025, the plaintiffs filed a Notice of New Regulatory Authority, notifying the Court that the defendants had purported to complete the statutorily required EB-5 study, which they had not yet done when they initially implemented the Final Rule. After completing the study, the defendants published a Notice of Proposed Rulemaking on October 23, 2025, which indicated that they would lower EB-5 related filing fees pursuant to the findings of the study. The plaintiffs argued that the defendants’ intent to lower fees was a concession that they had been overcharging fees since the Final Rule went into effect in April 2024.

Pursuant to the plaintiffs’ notice, the Court stayed UCIS’s Final Rule in part on November 12, 2025. Specifically, the court ordered a stay of the Final Rule’s imposition of EB-5 fees that were promulgated and imposed prior to and without the guidance of the mandatory fee study. The court concluded that USCIS acted contrary to law in implementing the visa fees in the Final Rule before the completion of the fee study. The stay left the majority of the Final Rule intact, finding that the Plaintiffs either lacked standing to challenge or failed to show that the rest of the rule was the result of arbitrary and capricious agency action. In particular, the court found that the Asylum Program Fee was not the result of arbitrary and capricious agency action, and therefore the court rejected the APA challenge to that fee. The Court noted that a new notice and comment period regarding the defendants’ revised fee rule based on the completed fee study was expected to end on December 22, 2025, which would likely lead to a final rule properly promulgated, potentially mooting Plaintiffs’ claims.

The Court additionally ordered the parties to file a joint status report by January 12, 2025.

This case is ongoing.

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Summary Authors

Sofia Yoder (11/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68357075/parties/moody-v-mayorkas/

Attorney for Plaintiff

Bless, Jesse Matthew (Colorado)

Galati, Matthew Tony (Colorado)

Attorney for Defendant

Liao, Cynthia (Colorado)

McMahon, Madeline Marie (Colorado)

Riess, Daniel M. (Colorado)

Attorney for Plaintiff

Bless, Jesse Matthew (Colorado)

Galati, Matthew Tony (Colorado)

Wasden, Jonathan D. (Colorado)

Attorney for Defendant

Liao, Cynthia (Colorado)

McMahon, Madeline Marie (Colorado)

Riess, Daniel M. (Colorado)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:24-cv-00762	Complaint for Injunctive Relief and Administrative Procedure Case Moody et al. v. Mayorkas et al.	March 19, 2024	March 19, 2024 Complaint
9 1:24-cv-00762	Plaintiffs' Notice of Motion and Motion for Temporary Restraining Order, Memorandum of Points and Authorities in Support Thereof, and Request for Stay	March 25, 2024	March 25, 2024 Pleading / Motion / Brief
17 1:24-cv-00762	Order	March 29, 2024	March 29, 2024 Order/Opinion
39 1:24-cv-00762	Plaintiffs' Notice of New Regulatory Authority Moody v. Noem	Oct. 22, 2025	Oct. 22, 2025 Pleading / Motion / Brief
40 1:24-cv-00762	Plaintiffs' Notice Re: Defendants' Proposed Rulemaking Moody v. Noem	Oct. 23, 2025	Oct. 23, 2025 Pleading / Motion / Brief
41 1:24-cv-00762	Order Moody v. Noem et al.	Nov. 12, 2025	Nov. 12, 2025 Order/Opinion 2025 WL 3157554

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/68357075/moody-v-mayorkas/

Last updated Jan. 17, 2026, 12:37 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Ur M. Jaddou, Alejandro Mayorkas (Filing fee $ 405,Receipt Number ACODC-9595302)Attorney Jonathan D. Wasden added to party American Immigrant Investor Alliance(pty:pla), Attorney Jonathan D. Wasden added to party IT Service Alliance (pty:pla), Attorney Jonathan D. Wasden added to party Samantha Moody(pty:pla), filed by Samantha Moody, IT Service Alliance, American Immigrant Investor Alliance. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Alejandro Mayorkas, # 3 Summons Ur M. Jaddou, # 4 Summons USAO, # 5 Summons USAG)(Wasden, Jonathan) (Entered: 03/19/2024) 1 Civil Cover Sheet View on PACER 2 Summons Alejandro Mayorkas View on PACER 3 Summons Ur M. Jaddou View on PACER 4 Summons USAO View on PACER 5 Summons USAG View on PACER	March 19, 2024	March 19, 2024 Clearinghouse
2	CORPORATE DISCLOSURE STATEMENT. (Wasden, Jonathan) (Entered: 03/19/2024)	March 19, 2024	March 19, 2024
3	Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (bcroc, ) (Entered: 03/19/2024)	March 19, 2024	March 19, 2024
4	SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Magistrate Judge Consent Form) (bcroc, ) (Entered: 03/19/2024) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Magistrate Judge Consent Form View on PACER	March 19, 2024	March 19, 2024
5	REASSIGNING JUDGE. CASE REASSIGNED. This case was originally assigned incorrectly, therefore has been randomly reassigned to Judge Blackburn. All future pleadings should be designated as 24-cv-762-REB. (Text only entry.) (bcroc, ) (Entered: 03/19/2024)	March 19, 2024	March 19, 2024
6	NOTICE of Entry of Appearance by Jesse Matthew Bless on behalf of American Immigrant Investor Alliance, IT Service Alliance, Samantha MoodyAttorney Jesse Matthew Bless added to party IT Service Alliance (pty:pla) (Bless, Jesse) (Entered: 03/20/2024)	March 20, 2024	March 20, 2024
7	NOTICE of Entry of Appearance by Matthew Tony Galati on behalf of American Immigrant Investor Alliance, IT Service Alliance, Samantha MoodyAttorney Matthew Tony Galati added to party IT Service Alliance (pty:pla) (Galati, Matthew) (Entered: 03/20/2024)	March 20, 2024	March 20, 2024
8	SUMMONS Returned Executed upon US Attorney defendant(s) Ur M. Jaddou served on 3/23/2024, answer due 5/22/2024; Alejandro Mayorkas served on 3/23/2024, answer due 5/22/2024. (Attachments: # 1 Exhibit A - Certified Mail Electronic Return Receipt, # 2 Exhibit B - Certified Mail Electronic Return Receipt, # 3 Exhibit C - Certified Mail Electronic Return Receipt, # 4 Exhibit D - Certified Mail Electronic Return Receipt)(Wasden, Jonathan) (Entered: 03/25/2024) 1 Exhibit A - Certified Mail Electronic Return Receipt View on PACER 2 Exhibit B - Certified Mail Electronic Return Receipt View on PACER 3 Exhibit C - Certified Mail Electronic Return Receipt View on PACER 4 Exhibit D - Certified Mail Electronic Return Receipt View on PACER	March 25, 2024	March 25, 2024
9	MOTION for Temporary Restraining Order by Plaintiffs American Immigrant Investor Alliance, IT Service Alliance, Samantha Moody. (Attachments: # 1 EXHIBIT A - STATEMENT OF SAMANTHA MOODY, # 2 EXHIBIT B - STATEMENT OF KANISHKA MALIK, # 3 EXHIBIT C - STATEMENT OF ISHAAN KHANNA, # 4 TRO INFORMATION FORM, # 5 Proposed Order (PDF Only))(Wasden, Jonathan) (Entered: 03/25/2024) 1 EXHIBIT A - STATEMENT OF SAMANTHA MOODY View on PACER 2 EXHIBIT B - STATEMENT OF KANISHKA MALIK View on PACER 3 EXHIBIT C - STATEMENT OF ISHAAN KHANNA View on PACER 4 TRO INFORMATION FORM View on PACER 5 Proposed Order (PDF Only) View on PACER	March 25, 2024	March 25, 2024 Clearinghouse
10	NOTICE of Entry of Appearance by Cynthia Liao on behalf of All Defendants Attorney Cynthia Liao added to party Ur M. Jaddou(pty:dft), Attorney Cynthia Liao added to party Alejandro Mayorkas(pty:dft) (Liao, Cynthia) (Entered: 03/25/2024)	March 25, 2024	March 25, 2024
11	NOTICE re 9 MOTION for Temporary Restraining Order by Defendants Ur M. Jaddou, Alejandro Mayorkas (Liao, Cynthia) (Entered: 03/25/2024)	March 25, 2024	March 25, 2024
12	NOTICE of Entry of Appearance by Madeline Marie McMahon on behalf of All Defendants Attorney Madeline Marie McMahon added to party Ur M. Jaddou(pty:dft), Attorney Madeline Marie McMahon added to party Alejandro Mayorkas(pty:dft) (McMahon, Madeline) (Entered: 03/27/2024)	March 27, 2024	March 27, 2024
13	ORDER DIRECTING PREPARATION OF JOINT CASE MANAGEMENT PLAN by Judge Robert E. Blackburn on 3/27/2024. (dgumb, ) (Entered: 03/27/2024)	March 27, 2024	March 27, 2024 RECAP
14	ORDER REASSIGNING CASE. IT IS ORDERED that the clerk shall assign this case to a judge for resolution on the merits under the random assignment procedure of D.C.COLO.LCiv.R 40.1. This case is randomly reassigned to Judge Charlotte N. Sweeney for all further proceedings. All future pleadings should be designated as 24-cv-00762-CNS. By Judge Robert E. Blackburn on 3/27/2024. (dgumb, ) (Entered: 03/27/2024)	March 27, 2024	March 27, 2024 RECAP
15	BRIEF in Opposition to 9 MOTION for Temporary Restraining Order filed by Defendants Ur M. Jaddou, Alejandro Mayorkas. (Liao, Cynthia) (Entered: 03/28/2024)	March 28, 2024	March 28, 2024 RECAP
16	REPLY to Response to 9 MOTION for Temporary Restraining Order filed by Plaintiffs American Immigrant Investor Alliance, IT Service Alliance, Samantha Moody. (Wasden, Jonathan) (Entered: 03/28/2024)	March 28, 2024	March 28, 2024 RECAP
17	ORDER denying 9 Plaintiff's Motion for Temporary Restraining Order and Request for Stay. By Judge Charlotte N. Sweeney on 3/29/24.(jdyne) (Entered: 03/29/2024)	March 29, 2024	March 29, 2024 Clearinghouse
18	MINUTE ORDER: The Court orders the Clerk of Court to update the "Nature of Suit" selected in CM/ECF in this matter to 899 - AP Review/Appeal. By Judge Charlotte N. Sweeney on 3/29/2024. (jdyne) (Entered: 03/29/2024)	March 29, 2024	March 29, 2024
19	ANSWER to 1 Complaint,, by Ur M. Jaddou, Alejandro Mayorkas.(Liao, Cynthia) (Entered: 05/24/2024)	May 24, 2024	May 24, 2024 RECAP
20	Proposed Joint Case Management Plan by Defendants Alejandro Mayorkas, Ur M. Jaddou. (Liao, Cynthia) (Entered: 05/24/2024)	May 24, 2024	May 24, 2024 RECAP
21	JOINT CASE MANAGEMENT PLAN by Judge Charlotte N. Sweeney on 5/24/2024. Deadline for Filing Administrative Record: June 24, 2024. Plaintiffs' Opening Brief Due: October 9, 2024. Plaintiffs' opening brief shall be no more than 30 pages. Defendants' Response Brief Due: November 8, 2024. Defendants' response brief shall be no more than 45 pages. Plaintiffs' Reply Brief (If Any) Due: November 22, 2024. Plaintiffs reply brief shall be no more than 15 pages. (sphil, ) (Entered: 05/24/2024)	May 24, 2024	May 24, 2024 RECAP
22	ADMINISTRATIVE RECORD by Defendants Ur M. Jaddou, Alejandro Mayorkas. (Attachments: # 1 Volume 1, # 2 Volume 2, # 3 Volume 3, # 4 Volume 4, # 5 Volume 5, # 6 Volume 6, # 7 Volume 7, # 8 Volume 8, # 9 Volume 9)(Liao, Cynthia) (Entered: 06/24/2024) 1 Volume 1 View on RECAP 2 Volume 2 View on PACER 3 Volume 3 View on PACER 4 Volume 4 View on PACER 5 Volume 5 View on PACER 6 Volume 6 View on PACER 7 Volume 7 View on PACER 8 Volume 8 View on PACER 9 Volume 9 View on PACER	June 24, 2024	June 24, 2024 RECAP
23	OPENING BRIEF by Plaintiffs American Immigrant Investor Alliance, IT Service Alliance, Samantha Moody. (Attachments: # 1 Exhibit List, # 2 Exhibit A - Declaration of Samantha Moody, # 3 Exhibit B - ITServe Comment for Proposed Rule, # 4 Exhibit C - Declaration of Ishaan Khanna, # 5 Exhibit D - Declaration of Stephen G. Bronars, PhD, # 6 Exhibit E - AIIA Comment for Proposed Rule, # 7 Proposed Order (PDF Only))(Bless, Jesse) Modified on 10/24/2024 to term motion and rename document per #25 Order. (sphil, ). (Entered: 10/09/2024) 1 Exhibit List View on PACER 2 Exhibit A - Declaration of Samantha Moody View on PACER 3 Exhibit B - ITServe Comment for Proposed Rule View on PACER 4 Exhibit C - Declaration of Ishaan Khanna View on PACER 5 Exhibit D - Declaration of Stephen G. Bronars, PhD View on PACER 6 Exhibit E - AIIA Comment for Proposed Rule View on PACER 7 Proposed Order (PDF Only) View on PACER	Oct. 9, 2024	Oct. 9, 2024 RECAP
24	Joint MOTION for Leave to Treat as Opening Brief 23 MOTION for Summary Judgment by Defendants Ur M. Jaddou, Alejandro Mayorkas. (Attachments: # 1 Proposed Order (PDF Only))(Liao, Cynthia) (Entered: 10/23/2024) 1 Proposed Order (PDF Only) View on PACER	Oct. 23, 2024	Oct. 23, 2024
25	ORDER granting 24 Joint Motion for Leave to Treat as Opening Brief 23 Motion for Summary Judgment. Plaintiffs' filing at ECF No. 23 shall be construed as an opening brief, rather than a motion for summary judgment, consistent with D.C.COLO. LAPR 16.1(d). The Court requests that the Clerk of Court terminate ECF No. 23 as a motion and amend the docket text to reflect that it is an Opening Brief. By Judge Charlotte N. Sweeney on 10/24/2024. Text Only Entry(cnsja, ) (Entered: 10/24/2024)	Oct. 24, 2024	Oct. 24, 2024
	Order on Motion for Leave	Oct. 24, 2024	Oct. 24, 2024
26	DEFENDANT'S RESPONSE BRIEF re 22 Administrative Record by Defendants Alejandro Mayorkas, Ur M. Jaddou. (Attachments: # 1 Exhibit 1)(Liao, Cynthia) (Entered: 11/08/2024) 1 Exhibit 1 View on PACER	Nov. 8, 2024	Nov. 8, 2024 RECAP
27	PLAINTIFF'S REPLY BRIEF re 22 Administrative Record by Plaintiffs Samantha Moody, American Immigrant Investor Alliance, IT Service Alliance. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bless, Jesse) (Entered: 11/22/2024) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Nov. 22, 2024	Nov. 22, 2024 RECAP
28	NOTICE of Entry of Appearance by Daniel M. Riess on behalf of All Defendants Attorney Daniel M. Riess added to party Alejandro Mayorkas(pty:dft), Attorney Daniel M. Riess added to party Ur M. Jaddou(pty:dft) (Riess, Daniel) (Entered: 12/04/2024)	Dec. 4, 2024	Dec. 4, 2024
29	MOTION for Leave to File Sur-Reply Brief by Defendants Alejandro Mayorkas, Ur M. Jaddou. (Attachments: # 1 Proposed Sur-Reply Brief, # 2 Proposed Order (PDF Only))(Riess, Daniel) (Entered: 12/04/2024) 1 Proposed Sur-Reply Brief View on PACER 2 Proposed Order (PDF Only) View on PACER	Dec. 4, 2024	Dec. 4, 2024
30	ORDER granting 29 Motion for Leave to File Sur-Reply Brief. The Court directs the Clerk of Court's office to docket the sur-reply located at ECF No. 29-1. By Judge Charlotte N. Sweeney on 12/5/2024. Text Only Entry(cnsja, ) (Entered: 12/05/2024)	Dec. 5, 2024	Dec. 5, 2024
31	Defendants' SURREPLY re 22 ADMINISTRATIVE RECORD filed by Defendants Alejandro Mayorkas, Ur M. Jaddou. (Sur-reply filed pursuant to #30 Order). (sphil, ) (Entered: 12/06/2024)	Dec. 5, 2024	Dec. 5, 2024 RECAP
	Order on Motion for Leave	Dec. 5, 2024	Dec. 5, 2024
32	NOTICE OF DEFENDANTS COMPLETION OF THE EB-5 FEE STUDY AND UNLAWFUL PRIOR EB-5 FEE ADJUSTMENT by Plaintiffs Samantha Moody, American Immigrant Investor Alliance, IT Service Alliance (Attachments: # 1 RIN Data)(Bless, Jesse) (Entered: 02/06/2025) 1 RIN Data View on PACER	Feb. 6, 2025	Feb. 6, 2025
33	RESPONSE to 32 Notice (Other) by Defendants Alejandro Mayorkas, Ur M. Jaddou. (Liao, Cynthia) (Entered: 02/12/2025)	Feb. 12, 2025	Feb. 12, 2025 RECAP
34	MOTION to Withdraw as Attorney by Defendants Alejandro Mayorkas, Ur M. Jaddou. (McMahon, Madeline) (Entered: 02/28/2025)	Feb. 28, 2025	Feb. 28, 2025
35	ORDER granting 34 Motion to Withdraw as Attorney by Defendants Alejandro Mayorkas and Ur M. Jaddou. However, defense counsel is ordered to serve the Motion to Withdraw 34 on the client as required by Local Rule D.C.COLO.LAttyR 5(b) and file a certificate of service with the court. Attorney Madeline McMahon is withdrawn. By Judge Charlotte N. Sweeney on 2/28/2025. Text Only Entry(cnsja, ) (Entered: 02/28/2025)	Feb. 28, 2025	Feb. 28, 2025
	Order on Motion to Withdraw as Attorney	Feb. 28, 2025	Feb. 28, 2025
36	NOTICE of Service by Defendants Alejandro Mayorkas, Ur M. Jaddou (McMahon, Madeline) (Entered: 03/03/2025)	March 3, 2025	March 3, 2025 RECAP
37	Unopposed MOTION to Withdraw as Attorney by Defendants Alejandro Mayorkas, Ur M. Jaddou. (Attachments: # 1 Proposed Order (PDF Only))(Liao, Cynthia) (Entered: 04/02/2025)	April 2, 2025	April 2, 2025
38	ORDER granting 37 Motion to Withdraw as Attorney. Attorney Cynthia Liao is withdrawn. By Judge Charlotte N. Sweeney on 4/2/2025. Text Only Entry(cnsja, ) (Entered: 04/02/2025)	April 2, 2025	April 2, 2025
	Order on Motion to Withdraw as Attorney	April 2, 2025	April 2, 2025
39	NOTICE OF NEW REGULATORY AUTHORITY by Plaintiffs American Immigrant Investor Alliance, IT Service Alliance, Samantha Moody (Attachments: # 1 Exhibit 1 - FDNS Rule 2025-16978)(Wasden, Jonathan) (Entered: 10/22/2025) 1 Exhibit 1 - FDNS Rule 2025-16978 View on RECAP	Oct. 22, 2025	Oct. 22, 2025 Clearinghouse
40	NOTICE Re: Defendants' Proposed Rulemaking by Plaintiffs American Immigrant Investor Alliance, IT Service Alliance, Samantha Moody (Attachments: # 1 Exhibit Notice of Proposed Rulemaking)(Galati, Matthew) (Entered: 10/23/2025)	Oct. 23, 2025	Oct. 23, 2025 Clearinghouse
41	ORDER: Defendant UCSIS's Final Rule is stayed in part. Joint Status Report is due on or before 1/12/2026. By Judge Charlotte N. Sweeney on 11/12/25. (jdyne, )	Nov. 12, 2025	Nov. 12, 2025 Clearinghouse
	Minute Order	Jan. 13, 2026	Jan. 13, 2026