In re Raj K. Patel
CourtUnited States Court of International Trade
Date FiledOctober 27, 2026
Docket26-04703
JudgeRestani
StatusPublished
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Full Opinion
Slip Op. 26-
UNITED STATES COURT OF INTERNATIONAL TRADE
Before: Jane A. Restani, Judge
IN RE RAJ PATEL.
Court No. 26-04703
OPINION AND ORDER
Dated: October 27, 2026
[Dismissing The Excellent The Excellent Double United States Basis Officers Raj K. Patel’s
complaint for lack of subject matter jurisdiction.]
Raj Patel, of Zionsville, IN, proceeding pro se.
Restani, Judge: Before the court is The Excellent The Excellent Double United States Basis
Officers Raj K. Patel’s (“Patel”) motion to compel, Pl. T.2E Raj. K. Patel USCIT R.5(d)(5) Mot.
to Compel Acceptance of Compl., ECF No. 5 (Oct. 16, 2026) (“Mot.”) and his complaint, Pro Se
Compl., ECF No. 5-1 (Oct. 16, 2026) (“Compl.”).
For the following reasons, the court denies Patel’s motion and dismisses his complaint for
lack of subject-matter jurisdiction.
BACKGROUND
Patel 1 filed a complaint alleging that the United States violated various international trade
agreements and due-process protections by preventing access to certain medical technologies.
1
Patel is a serial litigant who has filed a series of “sprawling complaint[s]” in courts across the
nation. Patel v. Patel, 834 F. App’x 244, 245 (7th Cir. 2021). Several of the complaints have been
dismissed by federal courts that concluded that the claims were so frivolous as to divest the courts
of subject-matter jurisdiction. See, e.g., Patel v. Biden, No. 21-cv-1076, 2021 WL 2882481
(D.D.C. July 2, 2021); Patel v. Patel, No. 1:20-cv-01772-TWP-MPB, 2020 WL 5204102 (S.D.
Page 2
Compl. ¶¶ 13–16, Claims 1–8. He also alleges that the United States has failed to provide a lawful
means of accessing certain technology and seeks declaratory and equitable relief, along with $380
million in damages. Id. ¶¶ 9–10, Claim 9, Relief Sought.
Patel also filed a motion to compel the Clerk of the Court to accept and docket his
complaint, arguing that the Clerk improperly returned two earlier submissions on the ground that
the court lacked subject-matter jurisdiction. Mot. at 1. He contends that the court should permit
him to cure any jurisdictional deficiencies and exercise jurisdiction under 28 U.S.C. § 1581(i), 2
and he requests an order compelling acceptance of the complaint. Id. at 2–7.
JURISDICTION
To adjudicate a case, a court must have subject-matter jurisdiction over the claims
presented. See Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94–95 (1998). The CIT rules
provide that “[i]f the court determines at any time that it lacks subject-matter jurisdiction, the court
must dismiss the action.” USCIT R. 12(h)(3); see also Arbaugh v. Y & H Corp., 546 U.S. 500,
514 (2006) (“[W]hen a federal court concludes that it lacks subject-matter jurisdiction, the
complaint must be dismissed in its entirety.”).
Plaintiff bears the burden of establishing subject-matter jurisdiction. See Norsk Hydro
Can., Inc. v. United States, 472 F.3d 1347, 1355 (Fed. Cir. 2006). The court’s “[r]esidual
jurisdiction under § 1581(i) is ‘strictly limited.’” Auxin Solar, Inc. v. United States, 698 F. Supp.
Ind. Sep. 1, 2020); Patel v. United States, No. 21-16029, 2021 WL 3861233 (D.N.J. Aug. 30,
2021); see also Patel v. United Parcel Servs., Inc., No. 22A-Ct-2627, 2023 WL 2591437 (Mar. 22,
2023) (dismissing his claim in state court). Patel was barred from filing new claims in the federal
District Court of the Southern District of Indiana for a period of two years. Order at 3, In re: Patel,
No. 1:22-mc-00024-JRS, ECF No. 1 (S.D. Ind. Mar. 28, 2022).
2
Patel also asserts jurisdiction under 28 U.S.C. § 1585, but that statute relates only to powers of
the court to render effective judgment once jurisdiction has been established and cannot be used
to create jurisdiction. Star Sales & Distributing Corp. v. United States, 663 F. Supp. 1127 (CIT
1986).
Page 3
3d 1353, 1366 (CIT 2024) (citation omitted); see also Erwin Hymer Grp. N. Am., Inc. v. United
States, 930 F.3d 1370, 1374 (Fed. Cir. 2019) (“[A]n overly broad interpretation of § 1581(i) would
otherwise threaten to swallow the specific grants of jurisdiction contained within the other
subsections.” 3 (citation modified) (citation omitted)).
“A party may not expand a court’s jurisdiction by creative pleading.” Sunpreme Inc. v.
United States, 892 F.3d 1186, 1192 (Fed. Cir. 2018) (quoting Norsk, 472 F.3d at 1355). Instead,
the court must “look to the true nature of the action . . . in determining jurisdiction.” Id. (quoting
the same). Filings by pro se plaintiffs are to be liberally construed, and “a pro se complaint,
however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted
by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (citation omitted); see also USCIT R. 8(f)
(“All pleadings shall be so construed as to do substantial justice.”)
Patel has not met his burden here. Patel asserts jurisdiction under the General Agreement
of Tariffs and Trade of 1995; the Agreement between the United States of America, the United
Mexican States, and Canada; the Doha Declaration; the Trump-Modi COMPACT; and the
Economic and Trade Agreement Between the Government of the United States of America and
3
In relevant part, 28 U.S.C. § 1581(i) provides that
[T]he Court of International Trade shall have exclusive jurisdiction of any civil
action commenced against the United States, its agencies, or its officers, that arises
out of any law of the United States providing for—
(A) revenue from imports or tonnage;
(B) tariffs, duties, fees, or other taxes on the importation of merchandise for
reasons other than the raising of revenue;
(C) embargoes or other quantitative restrictions on the importation of
merchandise for reasons other than the protection of the public health or safety;
or
(D) administration and enforcement with respect to the matters referred to in
subparagraphs (A) through (C) of this paragraph and subsections (a)-(h) of this
section.
28 U.S.C. § 1581(i)(1).
Page 4
the Government of the People’s Republic of China. Compl. ¶¶ 3–7. Even granting Patel the most
liberal reading of his complaint, he is seeking damages in relation to trade agreements that are not
a law falling under this court’s residual jurisdiction. Further, the court cannot conceive of any
other provision conferring jurisdiction on the Court of International Trade that may be invoked
with respect to his claims.
Patel’s complaint is thus dismissed for lack of subject matter jurisdiction, and his motion
to compel is denied as moot.
CONCLUSION
For the foregoing reasons, it is ORDERED that the complaint is DISMISSED, and the
motion is DENIED as moot.
/s/ Jane A. Restani
Jane A. Restani, Judge
Dated: October 27, 2026
New York, New York