Summary
The United States District Court for the Eastern District of California grants Evgenii Malenko’s application to proceed in forma pauperis in an action seeking mandamus relief for delays in adjudicating his asylum application. The court finds the complaint states a cognizable claim, denies appointed counsel, substitutes current federal officials as defendants, and directs service of the complaint.
Topics
Practice areas
Questions Presented
- Whether Plaintiff satisfied the statutory requirements to proceed in forma pauperis.
- Whether Plaintiff's complaint stated a cognizable mandamus claim based on the alleged delay in adjudicating his I-589 application.
- Whether exceptional circumstances warranted appointment of counsel for Plaintiff in this civil action.
Holdings
- Plaintiff satisfied the requirements of 28 U.S.C. § 1915(a), and the court granted his application to proceed in forma pauperis.
- At the preliminary screening stage, Plaintiff's allegations stated a cognizable claim for mandamus based on the alleged failure to act on his asylum application for more than six years.
- Plaintiff did not demonstrate exceptional circumstances warranting appointment of counsel, so the request for counsel was denied.
Key quotations
“The extraordinary remedy of mandamus…will issue only to compel the performance of a ‘clear nondiscretionary duty.’” (at 1)
“However, under “exceptional circumstances,” a court may appoint counsel for indigent civil litigants pursuant to 28 U.S.C. § 1915(e)(1).” (at 2)
Factual background
On or about May 22, 2018, Malenko filed Form I-589, an application for asylum and withholding of removal, and received a Form I-797 notice of action dated May 25, 2018. He attended a biometric appointment on June 15, 2018. According to the complaint, USCIS had taken no further action for more than six years despite numerous inquiries, and his employment authorization document was at risk of expiring.
Procedural history
Evgenii Malenko filed this action on November 8, 2024, without paying the filing fee and submitted an application to proceed in forma pauperis. The matter was referred to Magistrate Judge Carolyn K. Delaney under 28 U.S.C. § 636(b) and Local Rule 302(c)(3). The court granted the IFP application, denied the request for counsel, substituted the current federal officials for former officials, and directed that the complaint be served.