Deng v. Mayorkas

Background

Ke Deng, representing himself, brought an action under 28 U.S.C. § 1361 seeking mandamus relief—a court order requiring a government official to perform a legal duty. Deng alleged that U.S. Citizenship and Immigration Services had failed to decide his appeal from the denial of his application to adjust his immigration status, identified as an I-290B application.

The court had granted Deng permission to proceed without prepaying filing fees on August 11, 2021. The order therefore addressed how the defendants would be served with the lawsuit.

Service of Process

Because Deng was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the summonses and complaint. The court extended the deadline for service under Federal Rule of Civil Procedure 4(m) to 90 days after the summonses are issued. The order stated that, if service is not completed within that period, Deng should request an extension of time.

The court instructed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant; mark the forms for service on the United States; issue summonses; and provide the Marshals Service with the documents needed to serve Alejandro Mayorkas, Timothy Houghton, and Scott Velez. The order also required Deng to notify the court in writing if his address changes and stated that the action could be dismissed if he failed to do so.

Disposition

Judge Vernon S. Broderick ordered the Clerk of Court to issue the summonses, complete the service forms with the listed addresses, and deliver the necessary documents to the U.S. Marshals Service. The court also denied permission to proceed without prepaying fees for an appeal from this order, certifying under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith. The opinion did not decide the merits of Deng's request for mandamus relief.