Cheng v. United States
- Vernon Broderick
- 1:22-cv-10536
- U.S. District Court · Southern District of New York
- 4
In Cheng v. United States, Judge Broderick ordered the United States served and did not decide Cheng’s claims.
Sheng-Wen Cheng and the United States; the case proceeds to service of the complaint on the United States.
What happened
In Sheng-Wen Cheng v. United States, Sheng-Wen Cheng, representing himself, challenged a federal policy that allegedly prevents certain federal prisoners with immigration detainers from earning time credits under the First Step Act. He claimed the policy violates the Fifth Amendment’s equal-protection guarantee and sought relief under the Administrative Procedure Act.
The court ordered the Clerk to issue a summons and prepare service materials for the United States. Because Cheng was allowed to proceed without paying the filing fee, the U.S. Marshals Service will carry out service. The court extended the service deadline to 90 days after the summons is issued and stated that Cheng may request more time if service is not completed.
Judge Vernon S. Broderick ordered service on the United States but did not rule on the constitutionality of the policy, Cheng’s statutory claims, or his request to proceed as a class action. The order states that Cheng may represent only his own interests.
The detailed version
- Cheng v. United States · No. 1:22-cv-10536
- Vernon Broderick
- Jan. 9, 2023
Background
Sheng-Wen Cheng, who is incarcerated and proceeding without a lawyer, brought this action against the United States. He challenged a federal policy that allegedly bars federal prisoners with immigration detainers who are awaiting a final removal order from earning time credits under the First Step Act. Cheng claimed that the policy violates the Equal Protection Clause of the Fifth Amendment and sought relief under the Administrative Procedure Act. He described his filing as a class action, but the order states that a nonlawyer may represent only his own interests.
The opinion states that Cheng received a First Step Act time-credit assessment indicating that he was not eligible to apply for those credits. It also states that, when he filed the action, immigration authorities had not initiated removal proceedings against him.
Service of Process
The court had granted Cheng permission to proceed without paying the filing fee. Under the applicable service rules, the court therefore ordered the Clerk of Court to issue a summons for the United States, complete the required service form, and provide the summons, this order, and other necessary paperwork to the U.S. Marshals Service. The Marshals Service is to serve the United States.
The court extended the time for service to 90 days after the summons is issued. If service is not completed within that period, Cheng must request an extension. The order also requires Cheng to notify the court in writing if his address changes and states that the action may be dismissed if he does not do so.
Disposition
Judge Vernon S. Broderick ordered service on the United States and directed the Clerk to mail Cheng an information package. This order addressed service procedures; it did not decide the merits of Cheng’s constitutional or Administrative Procedure Act claims. It also did not grant class-action status.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.