Asemani v. USCIS

Appellant, an inmate in Maryland, filed a mandamus petition seeking to compel the USCIS to grant him a hearing to review the denial of his application for naturalization. The court rejected appellant's claim that he qualifies for in forma pauperis (IFP) status under the imminent danger exception to the three strikes rule under the Prison Litigation Reform Act (PLRA), 28 U.S.C. 1915(g). In this case, appellant's allegations were insufficient to establish imminent danger where the beatings, which took place while appellant was in the general prison population, do not indicate that he continued to face imminent danger at the time he filed his complaint. Further, appellant makes no allegation that he suffered any beatings or received specific threats while in protective custody. The court also rejected appellant's claim that the three-strikes rule is unconstitutional as applied to his case. Accordingly, the court affirmed the judgment of the district court, denying appellant IFP status. View "Asemani v. USCIS" on Justia Law