United States District Court, N.D. Indiana, Wayne Division.
ALI ALKADY, SAMI ALKADI, ADEL ALKADI, and YEASSER ALKADI, Plaintiffs,
CORINNA LUNA, Los Angeles Field Office Director for the United State Citizenship and Immigration Services, LEE CISNA, Director of United States Citizenship and Immigration Services, ELAINE DUKES, Acting Director of the Department of Homeland Security, Defendants.
OPINION AND ORDER
THERESA L. SPRINGMANN CHIEF JUDGE
matter is before the Court on the Plaintiffs' Amended
Petition for Writ of Mandamus and Complaint for Declaratory
and Injunctive Relief [ECF No. 19], and the Defendants'
Motion to Dismiss Due to Lack of Subject Matter Jurisdiction
Due to Mootness and Failure to State a Claim [ECF No. 24].
For the reasons set forth in this Opinion and Order, the
Court finds that this Court does not have jurisdiction to
consider the merits of the Plaintiff's claims.
Plaintiff's Amended Petition for Writ of Mandamus and
Complaint for Declaratory and Injunctive Relief
(“Amended Complaint”) alleges the following:
November 15, 2000, Plaintiff Ali Alkady, who is a naturalized
United States citizen, filed a Form I-130 Petition for Alien
Relative on behalf of each of his three adult children,
Plaintiffs Adel Alkadi, Sami Alkadi, and Yasser Alkadi.
According to the Amended Complaint, the Plaintiffs
“have not received any decision” for their Forms,
nor have they “received any requests for additional
evidence for their Forms.” (Amd. Compl. ¶¶
20-21.) The Plaintiffs allege that it is common practice for
the United States Citizenship and Immigration Services
(USCIS) to “retroactively allege” that requests
for additional evidence have been sent to Form I-130
petitioners, and that petitioners, in turn, failed to
respond. (Id. ¶ 26.) The reason for these false
claims, according to the Amended Complaint, is to concoct a
“supposedly legitimate basis for denying petitions
under the Yemeni adjudication scheme, first implemented in
2009 ” (Id. ¶¶ 26, 28.) The
Plaintiffs refer to the “Yemeni adjudication
scheme” as the adjudicative process that the USCIS
implemented for I-130 petitions submitted by petitioners of
Yemen descent. The scheme, it is alleged, holds Yemeni
petitioners and beneficiaries “to unfair and
discriminatory standards and policies on account of their
Muslim religion, Arab race, and/or Yemen national
origin.” (Id. ¶ 54.)
Plaintiffs assert that this adjudicative process is to blame
for the eighteen-year delay in adjudicating the Form I-130
Petitions that Ali Alkady filed in 2000. They identify the
following causes of action against “All
• Count One: Mandamus Act, 28 U.S.C. § 1361; 28
U.S.C. § 1651
• Count Two: Administrative Procedures Act; 5 U.S.C.
§ 555; 5 U.S.C. § 701 et seq.
• Count Three: Nondiscrimination Clause of INA; 8 U.S.C.
• Count Four: Fifth Amendment Substantive Due Process
• Count Five: Fifth Amendment Procedural Due Process
• Count Six: First Amendment Establishment Clause
• Count Seven: Conspiracy to Interfere with Civil
Rights; 42 ...