King v. USCIS (I-130 denied child-unwed father) complaint
Case 3:12-cv-01505-WWE Document 1 Filed 10/22/12 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT-------------------------------------------------------------XERROL LINTON KING ) No.:RUEL KENIO KING (A205 174 112) ) ) Plaintiff, ) v. ) )JANET NAPOLITANO, Secretary of the )Department of Homeland Security (“DHS”); )ERIC H. HOLDER, JR., United States )Attorney General; )ALEJANDRO MAYORKAS, Director, )United States Citizenship and )Immigration Services (“USCIS”) )ROSEMARY LANGLEY MELVILLE, )Director, California Service Center ) ) October 22, 2012 Defendants )-------------------------------------------------------------X COMPLAINT FOR DECLARATORY JUDGMENTI. INTRODUCTION 1. This is an action for judicial review of the following: (1) January 25, 2012 decision of the California Service Center, United States Citizenship and Immigration Services (“USCIS”), which denied the I-130 Petition for Alien Relative filed on behalf of Ruel King by his father, Errol King; (2) September 20, 2012 decision of the Board of Immigration Appeals (“BIA”) dismissing the appeal of the denial of the I-130 petition.
Case 3:12-cv-01505-WWE Document 1 Filed 10/22/12 Page 2 of 6II. JURISDICTION 2. Jurisdiction is conferred on this Court by: 5 U.S.C. §§ 701–706;28 U.S.C. §1331; and 8 U.S.C. § 2201.III. VENUE 3. Venue lies with the United States District Court for the District ofConnecticut because the claim and events that caused this action arosewithin the State of Connecticut, and also based on the fact that Plaintiff ErrolKing is a resident of the State of Connecticut.IV. PARTIES 4. Plaintiff, Errol King, is a native of Jamaica and a citizen of the United States, and currently resides in Connecticut. He is the biological father of Plaintiff Ruel King. 5. Plaintiff, Ruel King, is a native and citizen of Jamaica and currently resides in Kingston, Jamaica, West Indies. 6. Defendant Janet Napolitano is the Secretary of the Department of Homeland Security (“DHS”). 7. Defendant Eric H. Holder, Jr. is the Attorney General of the United States. 8. Defendant Rosemary Langley Melville is the Director of the California Service Center, USCIS. Page 2 of 6
Case 3:12-cv-01505-WWE Document 1 Filed 10/22/12 Page 3 of 6 V. FACTS 9. Plaintiffs repeats and incorporates by reference preceding Paragraphs1–8. 10. Plaintiff Ruel King was born on January 17, 1978 in Kingston,Jamaica. 11. Plaintiff Errol King is the biological father of Ruel King. 12. On August 20, 2009 Plaintiff Errol King filed an I-130 Petition onbehalf of Plaintiff Ruel King with USCIS. 13. On August 09, 2011 the USCIS California Service Center issued aRequest for Evidence (“RFE”). The RFE requested evidence establishingthat the beneficiary had been legitimated under the laws of Jamaica, or underthe law of the petitioner’s residence or domicile. 14. On October 28, 2011 Plaintiff Errol King responded to the RFE. 15. On January 25, 2012 the USCIS California Service Center denied theI-130 petition on the ground that “the petitioner has not established a parent-child relationship pursuant to 8 CFR 204.2(d)(2)(i),(ii) or (iii) and sections203(a)(1) and 101(b)(1)(A), (C) or (D) of the Immigration and NationalityAct, as amended.” 16. On February 23, 2012 the Plaintiffs appeal the decision of USCIS tothe BIA. Page 3 of 6
Case 3:12-cv-01505-WWE Document 1 Filed 10/22/12 Page 4 of 6 17. On September 20, 2012 the BIA dismissed the appeal of thePlaintiffs on the ground that “[i]n light of the limited documentary evidence,we agree with the Director that the petitioner has not established therequisite parent-child relationship between himself and the beneficiary.”VI. STATEMENT OF CLAIM 18. Plaintiff repeats and incorporates by reference preceding Paragraphs1-17. 19. The decisions of USCIS and the BIA are “arbitrary, capricious, anabuse of discretion or otherwise not in accordance with law.” 5 USC § 706(2) (A). 20. The Plaintiffs provided sufficient evidence to prove that the PlaintiffRuel King had been legitimated under either the laws of Jamaica or the lawsof Connecticut. 21. The Plaintiffs have exhausted their administrative remediesconcerning the decisions of USCIS to deny their I-130 petition.VII. DEMAND FOR RELIEF Wherefore, Plaintiff respectfully Demands this Court to: 1. Compel USCIS to grant the I-130 petition. 2. Hold unlawful and set aside the decision of USCIS of January 25, 2012 and the decision of the BIA of September 20, 2012. Page 4 of 6
Case 3:12-cv-01505-WWE Document 1 Filed 10/22/12 Page 5 of 6 3. Grant attorney fees and costs, pursuant to the Equal Access toJustice Act (“EAJA”) 28 U.S.C. § 2412, and 4. Grant such other and further relief as this Court may deemappropriate under the circumstances.Dated this 22nd day of October 2012.The Plaintiff Jon E. Jessen Digitally signed by Jon E. Jessen DN: cn=Jon E. Jessen, o=Law Offices Jon E. Jessen LLC, ou, email@example.com, c=USBy: ______________________ Date: 2012.10.22 16:38:53 -0400 Jon E. Jessen Law Offices Jon E. Jessen, LLC P.O. Box 4386 Stamford, CT 06907 Federal Bar#: ct08906 Telephone: (203) 348-3262 Fax: (203) 348-3264 Email: firstname.lastname@example.org Page 5 of 6
Case 3:12-cv-01505-WWE Document 1 Filed 10/22/12 Page 6 of 6 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was mailed first-class,postage prepaid, this 22nd day of October, 2012 to the following counsel andparties:David FeinUnited States AttorneyDistrict of Connecticut157 Church Street, 23rd FloorNew Haven, Connecticut 06510Eric H. Holder, Jr.United States Attorney GeneralU.S. Department of Justice950 Pennsylvania Avenue, NWWashington, D.C. 20530 Digitally signed by Jon E. JessenJon E. Jessen DN: cn=Jon E. Jessen, o=Law Offices Jon E. Jessen LLC, ou, email=jon@jessenlaw. com, c=US Date: 2012.10.22 16:39:23 -0400Jon E. Jessen