Zheng v. Mayorkas

Background

Lun Zheng, who is representing himself, sued Alejandro Mayorkas, Ur Mendoza Jaddou, and Andrea Quarantillo. The complaint seeks a writ of mandamus, meaning a court order directing official action, and declaratory relief. The court stated that the complaint could also be understood as seeking relief under the Administrative Procedure Act. In an order dated December 3, 2024, the court allowed Zheng to proceed in forma pauperis, meaning without paying filing fees upfront.

Service of Process

Because Zheng was allowed to proceed without prepaying filing fees, the court stated that he was entitled to assistance from the court and the U.S. Marshals Service in serving the defendants. The court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, mark the form for service on the United States, issue summonses, and provide the Marshals Service with the documents needed to complete service.

The court explained that although service generally must occur within 90 days after a complaint is filed, Zheng could not have completed service until the court reviewed the complaint and ordered summonses. It therefore extended the service period to 90 days after the summonses are issued. If service is not completed within that period, the order states that Zheng should request an extension of time. Zheng must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.

Disposition

Judge Lewis J. Liman issued an order of service. The Clerk was instructed to issue summonses for Alejandro Mayorkas, Ur Mendoza Jaddou, and Andrea Quarantillo, complete the required service forms with their addresses, deliver the necessary documents to the U.S. Marshals Service, and mail an information package to Zheng. The opinion does not resolve the merits of Zheng's mandamus, declaratory-relief, or Administrative Procedure Act claims.