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I. BACKGROUND

24 On May 7, 2023, Plaintiff filed a I-130, Petition for Alien Relative (“Petition”), with 25 U.S. Citizen and Immigration Services (“USCIS”), to help his wife and children immigrate 26 to the United States. ECF No. 1 at 5. Plaintiff alleges that, about a year after submitting the 27 Petition, Defendant asked for additional evidence to support his Petition. Id. At the time of 28 filing the complaint and 120 days since his request for evidence was received, Defendant has not made any decisions on his Petition. Id. On November 8, 2024, Plaintiff filed the instant complaint for writ of mandamus. ECF No. 1. Plaintiff seeks relief under the Mandamus Act, 28 U.S.C. § 1361, and the Administrative Procedures Act (“APA”), 5 U.S.C. § 706, and asks the Court to order Defendants Alejandro Mayorkas, Ur Jaddou, Director of USCIS, and Christine Lujan, Director of the Nebraska Service Center USCIS (collectively, “Defendants”), to process his Petition. II. LEGAL STANDARD A. Motion to Proceed in forma pauperis Parties instituting a civil action must pay a filing fee of $405 unless they are granted leave to…