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1
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF ILLINOIS
Olusegun ODUNJO
and
Bridgette ODUNJO,
Plaintiff
v.
Je...
2
1. This action is brought as a result of Defendants' failure to adjudicate Petitioner
Bridgette Odunjo's Form I-130, Pet...
3
Permanent Residence or Adjust Status, (Receipt Number: MSC-13-906-52723) which was
properly filed with USCIS on February...
4
USCIS Chicago District Office pursuant to 8 C.F.R. § 100.2. This action is filed against him in
his official capacity. D...
5
EXHAUSTION OF REMEDIES
13. The Petitioners have repeatedly requested the Defendants to make a final decision
on the Peti...
6
18. On or around April 29, 2013, the Petitioners attended a hearing at the USCIS
Chicago Field Office. Since such time, ...
7
23. Defendants have violated the Administrative Procedures Act, 5 U.S.C. § 701 et
seq., as they are unlawfully withholdi...
8
/s/ hashim g. jeelani
Hashim G. Jeelani, Esq. (P75111)
JEELANI LAW FIRM, PLC
1500 North Stephenson Highway, STE 209
Roya...
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ODUNJO v. USCIS (Chicago) et al. (N.D. IL 1-28-15) Mandamus I-130 I-485 CR-6

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ODUNJO v. USCIS (Chicago) et al. (N.D. IL 1-28-15) Mandamus I-130 I-485 CR-6. Marriage based AOS pending almost 2 years.

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ODUNJO v. USCIS (Chicago) et al. (N.D. IL 1-28-15) Mandamus I-130 I-485 CR-6

  1. 1. 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS Olusegun ODUNJO and Bridgette ODUNJO, Plaintiff v. Jeh C. JOHNSON, Secretary, U.S. Department of Homeland Security; Eric H. HOLDER, Jr., Attorney General, Office of Attorney General U.S. Department of Justice; Leon RODRIGUEZ, Director, U.S. Citizenship & Immigration Services; Mark HANSEN, Director, Chicago District Office, U.S. Citizenship & Immigration Services James B. COMEY, Director, Federal Bureau of Investigation; Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 1:15-cv-854 PETITIONERS’ ORIGINAL COMPLAINT FOR WRIT IN THE NATURE OF MANDAMUS AND DECLATORY JUDGMENT Hashim G. Jeelani, Attorney for Petitioners, JEELANI LAW FIRM, PLC, 1500 North Stephenson Highway, Suite 209, Royal Oak, MI 48063, Ph: 248-850-7841, Facsimile: 248-714- 4312, Email: ImmigrationLaw@live.com. INTRODUCTION COME NOW Olusegun Odunjo and Bridgette Odunjo, Petitioners by and through the undersigned attorney in the above cause and state as follows: Case: 1:15-cv-00854 Document #: 1 Filed: 01/28/15 Page 1 of 8 PageID #:1
  2. 2. 2 1. This action is brought as a result of Defendants' failure to adjudicate Petitioner Bridgette Odunjo's Form I-130, Petition for Alien Relative, (“Petition”) within a reasonable period of time. The Petitioner has a clear right to adjudication of her Petition. Any citizen of the United States claiming that an alien is entitled to classification by reason of, inter alia, an immediate relative status under 8 U.S.C. §1151(b)(2)(A)(i) may file a petition for such classification. See 8 U.S.C. §1154(a)(1)(A)(i). Thereafter, if it is determined that the facts stated in the petition are true and that the alien on behalf of whom the petition is made is an immediate relative, as specified in section 8 U.S.C. § 1151(b), the Attorney General shall approve the petition and forward one copy to the Department of State (“DOS”). See 8 U.S.C. § 1154(b). 2. This action is further brought as a result of Defendants' failure to adjudicate Petitioner Olusegun Odunjo’s Form I-485, Application to Register Permanent Residence or Adjust Status, (“Application”) within a reasonable period of time. The Plaintiff has a clear right to adjudication of his Application in a timely manner. The adjudication of an I-485 application is a ministerial, nondiscretionary task that Defendants must perform within a reasonable period of time. 5 U.S.C. §555(b). 3. Defendants are in violation of the Administrative Procedures Act, 5 U.S.C. § 701 et seq. As such, this action is brought to compel Defendants and those acting under them to take action on the Petition and Application. PARTIES 4. Petitioner Olusegun Odunjo is a resident of Cook County, Illinois, and has applied for the adjustment of his status to a permanent resident via Form I-485, Application to Register Case: 1:15-cv-00854 Document #: 1 Filed: 01/28/15 Page 2 of 8 PageID #:2
  3. 3. 3 Permanent Residence or Adjust Status, (Receipt Number: MSC-13-906-52723) which was properly filed with USCIS on February 21, 2013. 5. Petitioner Bridgette Odunjo is a resident of Cook County, Illinois, and properly filed her I-130 Petition for Alien Relative (Receipt Number: MSC-13-906-52724) on February 21, 2013. 6. Defendant Jeh C. Johnson is the Secretary of the United States Department of Homeland Security (hereinafter “DHS”). This action is filed against him in his official capacity. Defendant Johnson is responsible for the enforcement of the INA and for the delegation of adjudicatory and discretionary authority to other employees of the DHS and United States Citizenship and Immigration Services (hereinafter “USCIS”) pursuant to 8 U.S.C. § 1103(a); 8 C.F.R. § 2.1. 7. Defendant Eric H. Holder, Jr. is the Attorney General of the United States; he is an official generally charged with supervisory authority over all operations of the Department of Justice (hereinafter “DOJ”) under 28 C.F.R. § 0.5. This action is filed against him in his official capacity. 8. Defendant Leon Rodriguez is the Director of USCIS; he is an official generally charged with supervisory authority over all operations of USCIS under 8 C.F.R. § 103.1. This action is filed against him in his official capacity. Defendant Rodriquez has failed to adequately supervise the USCIS's National Benefits Center and the Chicago Field Office to timely adjudicate the Petition and Application. 9. Defendant Mark Hansen is the District Director of the USCIS Chicago District Office and is generally entrusted with the overall supervision, management, and operation of the Case: 1:15-cv-00854 Document #: 1 Filed: 01/28/15 Page 3 of 8 PageID #:3
  4. 4. 4 USCIS Chicago District Office pursuant to 8 C.F.R. § 100.2. This action is filed against him in his official capacity. Defendant Hansen has failed to adequately supervise the USCIS Chicago District Office to timely adjudicate the Petitioners’ Petition and Application. 10. Defendant James B. Comey, is the Director of the Federal Bureau of Investigation (hereinafter “FBI”) and is responsible for the completion of all security records checks in immigration-related matters, such as the Petition and Application at issue here, through the FBI and other U.S. agency resources. This action is filed against him in his official capacity. Defendant Comey has failed to complete security records in relation to Petitioners’ Petition and Application; thereby, causing excessive and unreasonable delay in the adjudication of Petitioners’ Petition and Application. JURISDICTION AND VENUE 11. This Court has jurisdiction to hear this complaint and the claims stated herein by virtue of 28 U.S.C. §§ 1331, § 1361 and §2201 because this is a federal mandamus action brought to compel Defendants to perform their statutory duties owed to the Petitioners. This Court has additional jurisdiction by virtue of the Administrative Procedures Act, 5 U.S.C. § 701, et seq., because Petitioners are seeking judicial review of inaction by one or more of the Defendants. 12. Venue is proper in the District Court for the Northern District of Illinois pursuant to 28 U.S.C. § 1391(e) in that this is the district in which the Petitioners reside and no real property is involved in this action. Case: 1:15-cv-00854 Document #: 1 Filed: 01/28/15 Page 4 of 8 PageID #:4
  5. 5. 5 EXHAUSTION OF REMEDIES 13. The Petitioners have repeatedly requested the Defendants to make a final decision on the Petition and Application. Further, the Petitioners have initiated numerous inquiries through their local Congressman’s Office. After such requests and inquiries failed, Petitioners notified the Defendants of their intent to file suit. The Defendants have failed to respond to such notice. The threat of judicial intervention has been meaningless in expediting a resolution. 14. The Petitioners have exhausted their administrative remedies. The Petitioners have supplied the USCIS with documents that establish eligibility for the filed Petition and Application. 15. There are no further administrative remedies available for the Petitioners to utilize. CAUSE OF ACTION 16. On February 21, 2013, Petitioner Bridegett Odunjo, a U.S. citizen, properly filed her I-130 Petition for Alien Relative, for her husband, (Receipt Number: MSC-13-906-52724) with the USCIS National Benefits Center. Petitioner’s Petition is still pending with the USCIS. 17. On February 21, 2013, Petitioner Olusegun Odunjo, a spouse of a U.S. citizen and beneficiary of a properly filed I-130 Petition, properly filed his I-485, Application for Adjustment of Status (Receipt Number: MSC-13-906-52723) with the USCIS National Benefits Center. Petitioner’s Application was filed concurrently with his wife’s Petition and is still pending with the USCIS. Case: 1:15-cv-00854 Document #: 1 Filed: 01/28/15 Page 5 of 8 PageID #:5
  6. 6. 6 18. On or around April 29, 2013, the Petitioners attended a hearing at the USCIS Chicago Field Office. Since such time, the Petitioners have not received any requests for further information from USCIS. 19. In or around November of 2013 until October 2014, the Petitioners have placed numerous inquiries with the USCIS to no avail. During such time, the Petitioners have also made inquiries through their local Congressman’s Office as well as the Ombudsman. Despite the aforementioned inquiries, the Defendants have failed to provide any reasonable explanation for their delay and have failed to adjudicate the Petition and Application. The Petitioners’ Petition and Application remain pending with USCIS as of this date. 20. Defendants have conducted the initial investigation and have sufficient information and documentation about the Petitioners to adjudicate the Petition and Application. 21. At this time, the I-130 Petition remains unadjudicated for 23 months and 7 days. Current average processing time for the adjudication of an I-130 is reported by USCIS to be five months. Defendants have failed to adjudicate the Petition despite the Petition pending with USCIS for over four times the average processing time. Thus, Defendants have failed in their statutory duty to adjudicate the Petition in a reasonable time. 22. At this time, the I-485 Application remains unadjudicated for 23 months and 7 days. Current average processing time for the adjudication of an I-485 is reported by USCIS to be four months. Defendants have failed to adjudicate the Application despite the Application pending with USCIS for over five times the average processing time. Thus, Defendants have failed in their statutory duty to adjudicate the Application in a reasonable time. Case: 1:15-cv-00854 Document #: 1 Filed: 01/28/15 Page 6 of 8 PageID #:6
  7. 7. 7 23. Defendants have violated the Administrative Procedures Act, 5 U.S.C. § 701 et seq., as they are unlawfully withholding action on the Petition and Application and have failed to carry out the adjudicative functions delegated to them by law with regard to the Petitioners’ case. 24. Defendants' delay in this case is, as a matter of law, arbitrary, in violation of the Petitioners’ due process rights and not in accordance with the law. Defendants have willingly and unreasonably delayed and have refused to adjudicate the Petition and Application, thereby depriving the Petitioners of the rights they are entitled to. 25. In addition, as a result of this delay, Petitioner Olusegun Odunjo has been unable to obtain legal permanent residence, travel and work without restriction, and accrue time to be eligible for Naturalization as a citizen of the United States. PRAYER FOR RELIEF WHEREFORE, Petitioners respectfully pray: 1. That the Defendants be cited to appear herein and that, upon due consideration, the Court enter an order mandating a time certain to adjudicate Olusegun Odunjo’s Form I-485 Application for Adjustment of Status and Bridgette Odunjo’s Form 1-130 Petition for Alien Relative; 2. In the alternative, that the Court compel Defendants, and those acting under them, to perform their duty to adjudicate the Petitioners’ Petition and Application immediately; 3. Finally, that the Court award reasonable attorney's fees under the Equal Access to Justice Act, 5 U.S.C. § 504, and such other and further relief as this Court deems proper. Date: January 28, 2015 Respectfully submitted, Case: 1:15-cv-00854 Document #: 1 Filed: 01/28/15 Page 7 of 8 PageID #:7
  8. 8. 8 /s/ hashim g. jeelani Hashim G. Jeelani, Esq. (P75111) JEELANI LAW FIRM, PLC 1500 North Stephenson Highway, STE 209 Royal Oak, MI 48067 ImmigrationLaw@live.com Phone:(248) 850-7841 Fax:(248) 714-4312 Counsel for Petitioners Case: 1:15-cv-00854 Document #: 1 Filed: 01/28/15 Page 8 of 8 PageID #:8

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