Lin v. United States Citizenship and Immigration Services

Background

Xiuying Lin brought this action without a lawyer against United States Citizenship and Immigration Services (USCIS). She alleged that USCIS had failed to decide her petition for an alien relative, identified as an I-130 petition. The court understood her complaint as seeking mandamus relief—an order requiring a government official or agency to perform a required act—or relief under the Administrative Procedure Act.

Venue Analysis

Venue means the federal judicial district where a case may properly be filed. The court applied 28 U.S.C. § 1391(e)(1), which allows certain actions against the United States, its agencies, or federal officials to be filed where a defendant resides, where a substantial part of the relevant events occurred, or, when real property is not involved, where the plaintiff resides.

Lin provided a Dallas, Texas, post-office box address for USCIS. She did not identify where a substantial part of the events or omissions underlying her claims occurred. She stated that she resided in Brooklyn, Kings County, New York, which the court noted is in the Eastern District of New York. The court also found that no real property was involved and that Lin alleged no facts showing that the Southern District of New York was a proper venue.

Disposition

Judge Alison J. Nathan concluded that venue lay in the Eastern District of New York and transferred the action there under 28 U.S.C. § 1406(a). The order directed the Clerk of Court to mail Lin a copy of the order, note service on the docket, and transfer the action. The order closed the action in the Southern District of New York. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.