Case: Adam v. Pompeo

1:20-cv-03079 | U.S. District Court for the District of Maryland

Filed Date: Oct. 22, 2020

Case Ongoing

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Case Summary

This case is about the government's failure to adjudicate refugees' follow-to-join (FTJ) petitions that would allow their families to reunite in the U.S. in a timely manner.The plaintiffs are both Sudanese refugees from the Darfur region who fled the country in the early 2010s to escape the ethnic cleansing being carried out by President Omar al-Bashir. Since their arrival in the United States, both filed a "follow-to-join" petition through U.S. Citizenship and Immigration Services (USCIS), whi…

This case is about the government's failure to adjudicate refugees' follow-to-join (FTJ) petitions that would allow their families to reunite in the U.S. in a timely manner.

The plaintiffs are both Sudanese refugees from the Darfur region who fled the country in the early 2010s to escape the ethnic cleansing being carried out by President Omar al-Bashir. Since their arrival in the United States, both filed a "follow-to-join" petition through U.S. Citizenship and Immigration Services (USCIS), which would have allowed them to reunite in the U.S. with their spouses and children who were still in Sudan. The follow-to-join statute is part of the Refugee Act of 1980 and creates a non-discretionary entitlement to admission for spouses and unmarried children of refugees in the U.S. Several years passed since the plaintiffs filed their petitions and the government failed to adjudicate their FTJ applications, prolonging the separations of the plaintiffs from their family.

On October 22, 2020, the two refugee fathers with family in Sudan men filed this lawsuit against the Secretary of State, the Assistant Secretary of State for Consular Affairs, the Secretary of Homeland Security, and the Director of United States Citizenship and Immigration Services in the U.S. District Court for the District of Maryland. The plaintiffs sought a writ of mandamus to compel the defendants to promptly adjudicate their FTJ petitions under 28 U.S.C. § 1361. Additionally, the complaint alleged that the defendants violated the Administrative Procedure Act (APA) and their Fifth Amendment due process rights. Because the defendants' duty to adjudicate the FTJ petitions is non-discretionary under the Immigration and Nationality Act and the APA obligates defendants to take non-discretionary actions within a “reasonable time,” the plaintiffs alleged that they are entitled to timely adjudication of their petitions. The complaint further alleged that the Mandamus Act vests the court with authority to compel a government agent to perform a non-discretionary duty owed to the plaintiffs.

The case was assigned to Judge Stephanie Gallagher. On February 5, 2021, the defendants requested extended time to file their response, which was granted that day.

The case is ongoing as of March 3, 2021.

Summary Authors

Rachel Kreager (3/3/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/51830750/parties/adam-v-pompeo/

Judge(s)

Gallagher, Stephanie Agli (Maryland)

Attorney for Plaintiff

Cox, Justin Bryan (Georgia)

Keaney, Melissa S. (California)

Keaney [inactive], Melissa S (California)

Marquardt, Sarah A (Maryland)

Judge(s)

Gallagher, Stephanie Agli (Maryland)

Attorney for Plaintiff

Cox, Justin Bryan (Georgia)

Keaney, Melissa S. (California)

Keaney [inactive], Melissa S (California)

Marquardt, Sarah A (Maryland)

Meyer, Kathryn Claire (New York)

Mikhail, Amira Renee (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:20-cv-03079	Docket [PACER]	Feb. 5, 2021	Feb. 5, 2021 Docket
1 1:20-cv-03079	Complaint	Oct. 22, 2020	Oct. 22, 2020 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/51830750/adam-v-pompeo/

Last updated Sept. 22, 2026, 2:37 p.m.

Docket for: Adam v. Pompeo

ECF Number	Date	Description	Link
1	Oct. 22, 2020	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-8925457.), filed by Ali Adam, Abdel Rahman Abdalla. (Attachments: # 1 Civil Cover Sheet)(Cox, Justin) (Entered: 10/22/2020)	RECAP
2	Oct. 22, 2020	NOTICE by Abdel Rahman Abdalla, Ali Adam of Proposed Summonses (Cox, Justin) (Entered: 10/22/2020)	RECAP
3	Oct. 22, 2020	MOTION Waiver of Local Rule 102.2(a) by Abdel Rahman Abdalla, Ali Adam(Cox, Justin) (Entered: 10/22/2020)	RECAP
4	Oct. 23, 2020	Summons Issued 60 days as to Kenneth Cuccinelli, Michael R. Pompeo, Carl Risch, Chad Wolf, U.S. Attorney and U.S. Attorney General(kw2s, Deputy Clerk) (Entered: 10/23/2020)	RECAP
5	Oct. 29, 2020	MOTION to Appear Pro Hac Vice for Melissa S. Keaney (Filing fee $100, receipt number 0416-8938421.) by Abdel Rahman Abdalla, Ali Adam(Cox, Justin) (Entered: 10/29/2020)	RECAP
6	Oct. 29, 2020	MOTION to Appear Pro Hac Vice for Kathryn Meyer (Filing fee $100, receipt number 0416-8938422.) by Abdel Rahman Abdalla, Ali Adam(Cox, Justin) (Entered: 10/29/2020)	RECAP
7	Oct. 29, 2020	MOTION to Appear Pro Hac Vice for Amira Mikhail (Filing fee $100, receipt number 0416-8938424.) by Abdel Rahman Abdalla, Ali Adam(Cox, Justin) (Entered: 10/29/2020)	RECAP
8	Nov. 3, 2020	PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Melissa S Keaney. Directing attorney Melissa S Keaney to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 11/3/2020. (srd, Deputy Clerk) (Entered: 11/03/2020)	RECAP
9	Nov. 3, 2020	PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of Kathryn C Meyer. Directing attorney Kathryn C Meyer to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 11/3/2020. (srd, Deputy Clerk) (Entered: 11/03/2020)	RECAP
10	Nov. 3, 2020	PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Amira Mikhail. Directing attorney Amira Mikhail to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/3/2020. (srd, Deputy Clerk) (Entered: 11/03/2020)	RECAP
11	Nov. 4, 2020	(FILED IN ERROR)AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, and Motion for Waiver of Local Rule 102.2(a) served on Secretary of State Michael Pompeo, Assistant Secretary of State for Consular Affairs Carl Risch, Acting Secretary of Homeland Security Chad Wolf, Senior Official Performing the Duties of the Director of United States Citizenship and Immigration Services Kenneth Cuccinelli, U.S. Attorney for the District of Maryland Robert K. Hur, and Attorney General William P. Barr on October 26, 2020, filed by Abdel Rahman Abdalla, Ali Adam.(Cox, Justin) Modified on 11/5/2020 (kw2s, Deputy Clerk). (Entered: 11/04/2020)	RECAP
12	Nov. 5, 2020	QC NOTICE: 11 Affidavit of Service,, filed by Abdel Rahman Abdalla, Ali Adam was filed incorrectly. ***Please re-file documents by selecting Serviceof Process> Summons Returned Executed. It has been noted as FILED IN ERROR, and the document link has been disabled. (kw2s, Deputy Clerk) (Entered: 11/05/2020)	RECAP
13	Nov. 5, 2020	SUMMONS Returned Executed by Ali Adam, Abdel Rahman Abdalla. Kenneth Cuccinelli served on 11/2/2020, answer due 11/23/2020; Michael R. Pompeo served on 11/2/2020, answer due 11/23/2020; Carl Risch served on 11/2/2020, answer due 11/23/2020; Chad Wolf served on 11/2/2020, answer due 11/23/2020.(Cox, Justin) (Entered: 11/05/2020)	RECAP
14	Nov. 6, 2020	NOTICE of Appearance by Sarah A Marquardt on behalf of All Defendants (Marquardt, Sarah) (Entered: 11/06/2020)	RECAP
15	Jan. 4, 2021	Consent MOTION for Extension of Time to File Response/Reply by Kenneth Cuccinelli, Michael R. Pompeo, Carl Risch, Chad Wolf.(Marquardt, Sarah) (Entered: 01/04/2021)	RECAP
16	Jan. 4, 2021	PAPERLESS ORDER granting 15 Motion for Extension of Time to File Response/Reply. Signed by Judge Stephanie A. Gallagher on 1/4/2021. (vals, Chambers) (Entered: 01/04/2021)	RECAP
17	Feb. 4, 2021	-[FILED IN ERROR, Wrong Document]- MOTION for Extension of Time to File Response/Reply by Kenneth Cuccinelli, Michael R. Pompeo, Carl Risch, Chad Wolf.(Marquardt, Sarah) Modified on 2/5/2021 (bas, Deputy Clerk). (Entered: 02/04/2021)	RECAP
18	Feb. 5, 2021	MOTION for Extension of Time to File Response/Reply by Kenneth Cuccinelli, Michael R. Pompeo, Carl Risch, Chad Wolf.(Marquardt, Sarah) (Entered: 02/05/2021)	RECAP
19	Feb. 5, 2021	PAPERLESS ORDER granting 18 Motion for Extension of Time to File Response/Reply. Signed by Judge Stephanie A. Gallagher on 2/5/2021. (vals, Chambers) (Entered: 02/05/2021)	RECAP
20	March 4, 2021	MOTION for Extension of Time to File Response/Reply by Kenneth Cuccinelli, Michael R. Pompeo, Carl Risch, Chad Wolf.(Marquardt, Sarah) (Entered: 03/04/2021)	RECAP
21	March 5, 2021	MARGINAL ORDER granting 3 MOTION Waiver of Local Rule 102.2(a). Signed by Judge Stephanie A. Gallagher on 3/5/2021. (kw2s, Deputy Clerk) (Entered: 03/05/2021)	RECAP
22	March 8, 2021	MARGINAL ORDER granting 20 Motion for Extension of Time to File Response/Reply. Signed by Judge Stephanie A. Gallagher on 3/8/2021. (kw2s, Deputy Clerk) (Entered: 03/08/2021)	RECAP
23	April 19, 2021	MOTION for Extension of Time to File Response/Reply by Kenneth Cuccinelli, Michael R. Pompeo, Carl Risch, Chad Wolf.(Marquardt, Sarah) (Entered: 04/19/2021)	RECAP
24	April 19, 2021	RESPONSE in Opposition re 23 MOTION for Extension of Time to File Response/Reply filed by Abdel Rahman Abdalla, Ali Adam.(Keaney, Melissa) (Entered: 04/19/2021)	RECAP
25	April 20, 2021	MARGINAL ORDER granting 23 Motion for Extension of Time to File Response/Reply. Signed by Judge Stephanie A. Gallagher on 4/20/2021. (kw2s, Deputy Clerk) (Entered: 04/20/2021)	RECAP
26	April 23, 2021	NOTICE by Abdel Rahman Abdalla, Ali Adam Notice of Withdrawal of Counsel (Mikhail, Amira) (Entered: 04/23/2021)	RECAP
27	April 23, 2021	MARGINAL ORDER Approving 26 NOTICE, Ali Adam Notice of Withdrawal of Counsel filed by Abdel Rahman Abdalla, Ali Adam. Signed by Judge Stephanie A. Gallagher on 4/23/2021. (kw2s, Deputy Clerk) (Entered: 04/23/2021)	RECAP
28	June 5, 2021	MOTION for Extension of Time to File Response/Reply by Kenneth Cuccinelli, Michael R. Pompeo, Carl Risch, Chad Wolf.(Marquardt, Sarah) (Entered: 06/05/2021)	RECAP
29	June 5, 2021	RESPONSE in Opposition re 28 MOTION for Extension of Time to File Response/Reply filed by Abdel Rahman Abdalla, Ali Adam. (Attachments: # 1 Exhibit A - JFS Settlement Agreement)(Keaney, Melissa) (Entered: 06/05/2021)	RECAP
30	June 7, 2021	ORDER re: Teleconference; Granting In Part 28 MOTION for Extension of Time to File Response/Reply Signed by Judge Stephanie A. Gallagher on 6/7/2021. (kw2s, Deputy Clerk) Modified on 6/8/2021 (Entered: 06/08/2021)	RECAP
31	June 14, 2021	PAPERLESS ORDER - Following todays teleconference, the deadline for responding to Petitioners' complaint is extended until June 28, 2021. Defense counsel should provide a status update on or before June 21, 2021. Signed by Judge Stephanie A. Gallagher on 6/14/2021. (vals, Chambers) (Entered: 06/14/2021)	RECAP
	June 14, 2021	Telephone Status Conference held on 6/14/2021 before Judge Stephanie A. Gallagher. (kw2s, Deputy Clerk)
32	June 18, 2021	Status Report Submitted by Kenneth Cuccinelli, Michael R. Pompeo, Carl Risch, Chad Wolf (Marquardt, Sarah) (Entered: 06/18/2021)	RECAP
33	June 28, 2021	Consent MOTION for Extension of Time to File Response/Reply by Kenneth Cuccinelli, Michael R. Pompeo, Carl Risch, Chad Wolf.(Marquardt, Sarah) (Entered: 06/28/2021)	RECAP
34	June 29, 2021	PAPERLESS ORDER granting 33 Motion for Extension of Time to File Response/Reply. Signed by Judge Stephanie A. Gallagher on 6/29/2021. (vals, Chambers) (Entered: 06/29/2021)	RECAP
35	July 28, 2021	Consent MOTION for Extension of Time to File Response/Reply by Kenneth Cuccinelli, Michael R. Pompeo, Carl Risch, Chad Wolf.(Marquardt, Sarah) (Entered: 07/28/2021)	RECAP
36	July 29, 2021	QC NOTICE: 35 Motion for Extension of Time to File Response/Reply filed by Kenneth Cuccinelli, Michael R. Pompeo, Chad Wolf, Carl Risch was filed incorrectly. *** Please file a proposed order using the event > Notice > Notice(Other). (kw2s, Deputy Clerk) (Entered: 07/29/2021)	RECAP
37	July 31, 2021	MOTION for Extension of Time to File Response/Reply as to 35 Consent MOTION for Extension of Time to File Response/Reply (Proposed Order) by Kenneth Cuccinelli, Michael R. Pompeo, Carl Risch, Chad Wolf.(Marquardt, Sarah) (Entered: 07/31/2021)	RECAP
38	Aug. 2, 2021	ORDER granting 37 Consent MOTION for Extension of Time to File Response/Reply. Signed by Judge Stephanie A. Gallagher on 8/2/2021. (kw2s, Deputy Clerk) (Entered: 08/02/2021)	RECAP
39	Aug. 30, 2021	Consent MOTION for Extension of Time to File Response/Reply by Kenneth Cuccinelli, Michael R. Pompeo, Carl Risch, Chad Wolf. (Attachments: # 1 Text of Proposed Order)(Marquardt, Sarah) (Entered: 08/30/2021)	RECAP
40	Aug. 31, 2021	PAPERLESS ORDER granting 39 Motion for Extension of Time to answer, move, or otherwise respond to Plaintiffs' Complaint. Signed by Judge Stephanie A. Gallagher on 8/31/2021. (vals, Chambers) (Entered: 08/31/2021)	RECAP
41	Sept. 29, 2021	NOTICE of Voluntary Dismissal by Abdel Rahman Abdalla, Ali Adam (Keaney, Melissa) (Entered: 09/29/2021)	RECAP
42	Sept. 29, 2021	PAPERLESS ORDER APPROVING 41 Notice of Voluntary Dismissal filed by Abdel Rahman Abdalla, Ali Adam. Signed by Judge Stephanie A. Gallagher on 9/29/2021. (kb3s, Deputy Clerk) (Entered: 09/29/2021)	RECAP