Shomoye v. U.S. Citizenship and Immigration Services

Background

AdeBambo Shomoye, proceeding without a lawyer, sued U.S. Citizenship and Immigration Services (USCIS). He alleged that USCIS had failed to reschedule his naturalization oath ceremony, which the court described as the final step in the naturalization process. The court had previously allowed him to proceed without paying filing fees.

Service of Process

Because Shomoye was allowed to proceed without paying filing fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve USCIS. The court extended the general deadline for service, providing that service would be timely if completed within 90 days after the summons was issued. The court stated that, if service was not completed within that period, Shomoye should request an extension.

The court instructed the Clerk of Court to complete the U.S. Marshals Service forms with USCIS’s address, mark the forms for service on the United States, issue a summons, and provide the Marshals Service with this order and the other documents needed for service. Shomoye was also required to notify the court in writing of any address change, and the court stated that it could dismiss the action if he failed to do so.

Disposition

Judge Analisa Torres entered an order directing the Clerk of Court to arrange service of the lawsuit on USCIS through the U.S. Marshals Service. The opinion does not decide whether USCIS was required to reschedule Shomoye’s naturalization oath ceremony.