Case: Adam v. Pompeo

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

Filed Date: Oct. 22, 2020

Case Ongoing

Clearinghouse coding complete

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


Judge(s)

Gallagher, Stephanie Agli None (Maryland)

Attorneys(s) 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)

Judge(s)

Gallagher, Stephanie Agli None (Maryland)

Attorneys(s) 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)

Documents in the Clearinghouse

Document

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

Docket

Last updated Sept. 1, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

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)

Oct. 22, 2020

Oct. 22, 2020

2

NOTICE by Abdel Rahman Abdalla, Ali Adam of Proposed Summonses (Cox, Justin) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

3

MOTION Waiver of Local Rule 102.2(a) by Abdel Rahman Abdalla, Ali Adam(Cox, Justin) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

4

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)

Oct. 23, 2020

Oct. 23, 2020

5

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)

Oct. 29, 2020

Oct. 29, 2020

6

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)

Oct. 29, 2020

Oct. 29, 2020

7

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)

Oct. 29, 2020

Oct. 29, 2020

9

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)

Nov. 3, 2020

Nov. 3, 2020

10

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)

Nov. 3, 2020

Nov. 3, 2020

11

(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)

Nov. 4, 2020

Nov. 4, 2020

12

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)

Nov. 5, 2020

Nov. 5, 2020

13

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)

Nov. 5, 2020

Nov. 5, 2020

15

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)

Jan. 4, 2021

Jan. 4, 2021

16

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)

Jan. 4, 2021

Jan. 4, 2021

17

-[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)

Feb. 4, 2021

Feb. 4, 2021

18

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)

Feb. 5, 2021

Feb. 5, 2021

19

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)

Feb. 5, 2021

Feb. 5, 2021

Case Details

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 22, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two Sudanese refugees from the Darfur region

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

International Refugee Assistance Project (IRAP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State, Federal

Assistant Secretary of State for Consular Affairs, Federal

Secretary of Homeland Security, Federal

Director of United States Citizenship and Immigration Services, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Timeliness of case assignment

Youth / Adult separation

Immigration/Border:

Admission - procedure

Family Separation

Refugees

National Origin/Ethnicity:

Other