The DC Circuit has dismissed an unreasonable delay action brought by EB-5 petitioners, finding that absent any credible allegations that USCIS is not following their own processing rules, allowing individual litigants to “skip the line” would not do anything to systemically improve processing times.
The full text of Da Costa v. Immigration Investor Program Office can be found here: https://www.cadc.uscourts.gov/internet/opinions.nsf/1620A36CDDF5CDD985258A0F00514CE6/$file/22-5313-2013134.pdf