Chae v. U.S. Citizenship and Immigration Services

New York Eastern District Court
Judge:Orelia E Merchant
Case #: 1:25-cv-01623
Nature of Suit465 Immigration - Other Immigration Actions
Cause28:1361 Petition for Writ of Mandamus
Case Filed:Mar 21, 2025
Last checked: Wednesday Mar 26, 2025 12:13 AM EDT
Defendant
U.S. Citizenship and Immigration Services
Plaintiff
Suryong Chae
147-18 34th Avenue
Flushing, NY 11354


Docket last updated: 04/03/2025 11:59 PM EDT
Thursday, March 27, 2025
order Order on Motion for Leave to Proceed In Forma Pauperis Thu 03/27 2:50 PM
ORDER denying2 Motion for Leave to Proceed In Forma Pauperis without prejudice and with leave to renew within 30 days of this Order. Plaintiff's application is insufficient. A "sufficient" in forma pauperis application is one that demonstrates that the plaintiff "cannot because of his poverty pay or give security for the costs and still be able to provide himself and his dependents with the necessities of life." Adkins v. E.I. DuPont de Nemours & Co. , 335 U.S. 331, 339 (1948). However, Plaintiff's application is silent as to her employment status and her application states that plaintiff: does not have income from other sources, has no regular monthly expenses, financial obligations, debts, or assets, and is not currently providing financial support to any dependent. When an applicant fails to explain how she supports herself, courts generally regard her application as incomplete and insufficient to establish an entitlement to in forma pauperis status. See, e.g. , Amanda M. v. Kijakazi , 22-CV-00353 (SRU) (TOF), 2022 WL 1395941, at *1 (D. Conn. Apr. 29, 2022) ("Because no one can live on no income and no assets... these sorts of affidavits must be incomplete and, by extension, fail to support in forma pauperis status"). By April 28, 2025, Plaintiff is directed to either (1) pay the $405.00 filing fee or (2) submit a letter or declaration made under penalty of perjury explaining how she supports herself day-to-day and meets the necessities of life, including housing/shelter, food, and transportation and whether she receives support from other persons. Jones v. ACS/Queens Field Off. , 23-CV-5742, 2024 WL 2818138, at *1 (E.D.N.Y. June 3, 2024) ("One potential explanation, which 'a court may consider' when 'assessing an application to proceed in forma pauperis,' is that the applicant has access to resources 'from those who ordinarily provide the applicant with the necessities of life, such as from a spouse, parent, adult sibling or other next friend.'"). If Plaintiff relies on another person for support, Plaintiff must include a statement of that person's resources and ability to pay the filing fee. Amanda M. , 2022 WL 1395941, at *2 (directing plaintiff to "submit a revised financial affidavit that fully and candidly explains how she supports herself and, if she receives support from another person, provide a statement of that person's resources and ability to pay the filing fee"). The Clerk of Court is respectfully directed to mail a copy of this order and the docket sheet to Plaintiff and to note the mailing on the docket. Ordered by Judge Orelia E. Merchant on 3/27/2025. (SAD)
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Friday, March 21, 2025
2 2 motion Proceed In Forma Pauperis Tue 03/25 10:38 AM
MOTION for Leave to Proceed in forma pauperis by Suryong Chae. (KD)
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1 1 cmp Complaint Tue 03/25 10:37 AM
COMPLAINT against U.S. Cititzenship and Immigration Services, filed by Suryong Chae. (KD)
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Att: 1 Civil Cover Sheet