Lishu Guo v. U.S. Citizenship and Immigration Services (USCIS), et al.
CourtDistrict Court, S.D. New York
Date FiledOctober 16, 2026
Docket1:26-cv-08994
StatusUnknown
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Full Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
LISHU GUO,
Plaintiff,
26-CV-8994 (DEH)
-against-
ORDER OF SERVICE
U.S. CITIZENSHIP AND IMMIGRATION
SERVICES (USCIS), et al.,
Defendants.
DALE E. HO, United States District Judge:
Plaintiff Lishu Guo, who is appearing pro se, brings this action seeking mandamus and
relief under the Administrative Procedure Act against the Government with regard to apending
immigration application. Specifically, Guoseeks: (1) expedited adjudication and processing of a
pending I-824 application, which is an application for the United States Citizenship and
Immigration Services (“USCIS”) to take action on Guo’s approved I-140 petition(an
immigration petition for alien workers); and (2) once the I-824 application is approved,
transmission of her approved I-140 petition to the National Visa Center and to the American
Consulate in Budapest, Hungary. Guo also seeks related declaratory relief and attorneys’ fees
and costs. Guonames as Defendants: (1) USCIS; (2) United States Attorney General Todd
Blanche; (3)USCIS Director Joseph B. Edlow; (4) Secretary of the Department of Homeland
Security Markwayne Mullin; (5) First Assistant United States Attorney for the Eastern District of
Washington (and Special Attorney to the Attorney General) Pete Serrano; and (6) Director of
USCIS’s Nebraska Service Center Thomas Schuurmans.
By order dated October 13, 2026, the Court granted Plaintiff’s request to proceed in
forma pauperis (“IFP”), that is, without prepayment of fees. The Court directs service on the
Defendants.
DISCUSSION
A. Service on the Defendants
Because Plaintiff has been granted permission to proceed IFP, she is entitled to rely on
the assistance of the court and the United States Marshals Service (“USMS”) to effect service on
the Defendants.1 Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C.
§1915(d) (“The officers of the court shall issue and serve all process . . . in [IFP] cases.”); Fed.
R. Civ. P. 4(c)(3) (providing that the court must order the USMS to serve if the plaintiff is
authorized to proceed IFP).
To allow Plaintiff to effect service on the Defendants through the USMS, the Clerk of
Court is instructed to fill out a USMS Process Receipt and Return form (“USM-285 form”) for
each Defendant. The Clerk of Court is further instructed to: (1) mark the box on the USM-285
forms labeled “Check for service on U.S.A.”; (2)issue summonses for the Defendants; and
(3) deliver to the USMS a copy of this order and all other paperwork necessary for the USMS to
effect service on the Defendants and on the United States of America. See Fed. R. Civ. P. 4(i)(1),
(2).
1Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that
summonses and the complaint be served within 90 days of the date the complaint is filed,
Plaintiff is proceeding IFP and could not have served summonses and the complaint until the
Court reviewed the complaint and ordered that summonses for the Defendants be issued. The
Court therefore extends the time to servethe Defendants until 90 days after the date that
summonses for the Defendants are issued. If summonses and the complaint arenot served on the
Defendants within 90 days from the date that summonses for the Defendants are issued, Plaintiff
should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir.
2012) (holding that it is the plaintiff’s responsibility to request an extension of time for service);
see also Murray v. Pataki, 378 F. App’x 50, 52 (2d Cir. 2010) (summary order) (“As long as the
[plaintiff proceeding IFP] provides the information necessary to identify the defendant, the
Marshals’ failure to effect service automatically constitutes ‘good cause’ for an extension of time
within the meaning of Rule 4(m).”).
2
Plaintiff must notify the Court in writing if her address changes, and the Court may
dismiss the action if Plaintiff fails to do so.
B. City Bar Justice Center
The City Bar Justice Center (“CBJC”) operates the SDNY Federal Pro Se Legal
Assistance Project to assist parties representing themselves with civil cases filed in this court.”
Appointments can be scheduled by completing the CBJC’s intake form. If Plaintiff is unable to
complete this form, or if she has questions about the form, she may call (212) 382-4794. A flyer
with details is attached.
CONCLUSION
The Clerk of Court is respectfully directed to mail an information package to Plaintiff.
The Clerk of Court is also respectfully directed to: (1) fill out a USM-285 form for each
Defendant; (2) mark the box on the USM-285 forms labeled “Check for service on U.S.A.”;
(3) issue summonses for the Defendants; and (4) deliver to the USMS a copy of this order and all
other paperwork necessary for the USMS to effect service on the Defendants and on the United
States of America. See Fed. R. Civ. P. 4(2)(1), (2).
A CBIC flyer is attached to this order.
SO ORDERED.
Dated: 10/16/2026
New York, New York L, fom
DALEE.HOU
United States District Judge
? The CBIC is a private organization that is not part of the court, and the CBJC’s SDNY
Federal Pro Se Legal Assistance Project cannot accept filings on behalf of the court.
SERVICE ADDRESS FOR EACH DEFENDANT
1. United States Citizenship and Immigration Services
Office of the Chief Counsel
5900 Capital Gateway Drive
Mail Stop 2120
Camp Springs, Maryland 20588-0009
2. Todd Blanche
Attorney General of the United States
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001
3. Jospeh B. Edlow
Director
United States Citizenship and Immigration Services
Office of the Chief Counsel
5900 Capital Gateway Drive
Mail Stop 2120
Camp Springs, Maryland 20588-0009
4. Markwayne Mullin
Secretary
United States Department of Homeland Security
Office of the General Counsel
245 Murray Lane, SW
Mail Stop 0485
Washington, D.C. 20528-0485
5. Pete Serrano
First Assistant United States Attorney for the Eastern District of Washington
Special Attorney to the Attorney General of the United States
920 West Riverside Avenue
Suite 340
Spokane, Washington 99201
6. Thomas Schuurmans
Director
Nebraska Service Center
United States Citizenship and Immigration Services
850 S Street
Lincoln, Nebraska 68501
4
7. United States Attorney’s Office
Southern District of New York
Civil Process Clerk
86 Chambers Street
3rdFloor
New York, New York 10007
5
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ABOUT THE PROJECT
The Federal Pro Se Legal Assistance Project (Fed Pro) provides limited assistance to self-
represented litigants (plaintiffs and defendants) with cases involving civil legal matters
in the United States District Court for the Southern District of New York (SDNY).
HOW TO SCHEDULE AN APPOINTMENT
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down to "SDNY" and then click "APPLY FOR HELP" to be taken to the Intake Form.
e When the Intake Form asks: "How can we help you", please select "Federal Court
Case" from the drop-down menu. The Fed Pro SDNY office will receive your
application ONLY if you select "federal court case." If you select anything else, you
will need to re-complete your application.
Once you complete the form, someone will contact you, usually within five business
days, to schedule an appointment. If you are not able to complete the Intake Form,
please call (212) 382-4794, leave a detailed message, and wait for us to call you back,
typically within five business days.
HOW WE HELP
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