UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AYOBAMIDELE AKINYODE, Plaintiff, v. Civil Action No. 21-110 (JDB) UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al., Defendants. MEMORANDUM OPINION Plaintiff Ayobamidele Akinyode filed this action against the U.S. Department of Homeland Security (“DHS”), U.S. Citizenship and Immigration Services (“USCIS”), and some high-ranking DHS officials for failing to adjudicate his immigration petition for over four years. See Compl. [ECF No. 1] ¶¶ 9–10, 20–23, 27–28. Defendants have moved to transfer the case to the District of New Jersey, where Akinyode resides and the assigned USCIS Field Office is located, or, alternatively, to dismiss the case for failure to state a claim and improper venue. See Defs.’ Mot. to Transfer or Dismiss & Mem. in Supp. Thereof (“Mot. to Transfer”) [ECF No. 4] at 6. For the reasons discussed below, the Court will grant defendants’ motion to transfer and deny without prejudice defendants’ motion to dismiss. Background Akinyode, a citizen of Nigeria, is married to Charann Caulker, a citizen of the United States. Compl. ¶¶ 1–2. The couple resides in East Orange, New Jersey. Id. ¶ 3. On or about May 25, 2017, the couple filed an I-130 Petition for Alien Relative and an I-485 Application for Adjustment of Status on behalf of Akinyode at the USCIS Field Office in Newark, New Jersey. 1 Id. ¶¶ 4, 16. The Field Office conducted the fingerprinting, photographing, and interviews required for Akinyode’s application on September 18, 2019. See id. ¶¶ 5–6. But nearly two years later, USCIS has not yet adjudicated his application, despite repeated requests by Akinyode and his wife. See id. ¶¶ 7–10. In his complaint, filed on January 13, 2021, Akinyode names as defendants DHS, USCIS, DHS Secretary Alejandro Mayorkas, USCIS Director Tracy Renaud, and Paulo Correia, Director of the Newark USCIS Field Office, 1 alleging that these individuals, in their official capacities, were responsible for overseeing the agencies’ failure to adjudicate his application as required by law. See id. ¶¶ 12–16. In particular, Akinyode claims that defendants’ inaction has violated the Administrative Procedure Act (“APA”), the Immigration and Nationality Act (“INA”), and his constitutional due process rights. See id. ¶¶ 9–10, 20–23, 27–28. Akinyode alleges that all defendants except for Correia reside in the District of Columbia. See Pl.’s Opp’n to Defs.’ Mot. to Transfer & Dismiss (“Pl.’s Opp’n”) [ECF No. 6] at 6–8. But defendants contend that USCIS and Director Renaud have recently relocated to Camp Springs, Maryland. See Mot. to Transfer at 1–2. On March 11, 2021, defendants filed a motion to transfer venue, asserting that the case lacks any ties to this District and that the District of New Jersey is a more appropriate and convenient forum for this dispute. At the same time, defendants moved to dismiss the case for failure to state a claim and improper venue. Akinyode opposes both motions. The motions have been fully briefed and are now ripe for consideration. 1 Pursuant to Federal Rule of Civil Procedure 25(d), if a public …
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