Kumar v. Garland

Background

Ashish Kumar brought this action without a lawyer against Merrick B. Garland, Alejandro Mayorkas, and Ur M. Jaddou. Kumar sought relief under the Administrative Procedure Act and an order requiring government officials to act under the federal law allowing courts to issue orders to government officers. He asked the court to direct United States Citizenship and Immigration Services (USCIS) to decide his pending Petition for Amerasian, Widow(er), or Special Immigrant immigration status, known as an I-360 Petition. He alleged that he filed the petition with USCIS on August 2, 2021, and that it was assigned to USCIS’s Vermont Service Center.

Venue Analysis

The court explained that claims under the Administrative Procedure Act and the federal mandamus statute may be brought in a district where a defendant resides, where a substantial part of the relevant events or omissions occurred, or, when real property is not involved, where the plaintiff resides. Kumar lives in Queens County, which is within the Eastern District of New York. The court said it was unclear whether the Southern District of New York was a proper venue because Kumar had not alleged where the defendants reside.

The court stated that the Eastern District of New York and the District of Vermont appeared to be proper venues because substantial events or omissions may have occurred in Queens County and at the USCIS Vermont Service Center. The Eastern District of New York was also a proper venue based on Kumar’s residence because the case did not involve real property.

Ruling

The court held that transferring the action to the Eastern District of New York was appropriate under 28 U.S.C. § 1404(a), which permits transfer for the convenience of the parties and witnesses and in the interest of justice. The court relied on Kumar’s residence, the apparent location of significant events, and the expectation that relevant documents and witnesses would be located in that district. The court therefore directed the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York and stated that the order closed the action in the Southern District of New York.

The order did not decide the merits of Kumar’s request for an order requiring USCIS to adjudicate his petition. The court also certified that an appeal would not be taken in good faith and denied fee-free appeal status.