Joeng v. Seng et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
SONGWOONG JOENG,
Plaintiff,
v.
MARY ELIZABETH BRENNAN SENG, in
her Official Capacity as the Acting Director
of the Texas Service Center, U.S.
Citizenship and Immigration Services, U.S.
Department of Homeland Security, et al.,
Defendants.
Case No. 3:23-cv-00059-SLG
ORDER RE PROOF OF SERVICE
The Court is in receipt of Plaintiff's Complaint, filed March 14, 2023, and
“Plaintiff’s Motion for Temporary Restraining Order and for Order to Show Cause re
Preliminary Injunction” filed March 15, 2023, at Docket 4.
Plaintiff seeks injunctive relief by April 3, 2023—a little over two weeks from
now—in order to “stay[] the accrual of unlawful presence within the United States as
to Plaintiff and his immediate family.”1 	On April 3, 2022, Plaintiff states that he “will
be subject to at least a three-year ban to admissibility to the U.S. under the
[Immigration and Nationality Act] for having accrued more than 180 days of unlawful
presence in the U.S.”2 	The Court notes that Plaintiff has been on notice of this
1 Docket 4 at 2-3.
2 Docket 4 at 2-3.
Case 3:23-cv-00059-SLG Document 10 Filed 03/17/23 Page 1 of 2

Case No. 3:23-cv-00059-SLG, Jeong v. Seng et al.
Order re Proof of Service
Page 2 of 2
impending deadline since at least October 5, 2022, when USCIS sent the notice of
decision regarding Petitioner’s I-485 application.3
In the filed documents, there does not appear to be proof that Plaintiff has
served Defendants with the summons and complaint for the instant lawsuit or put
Defendants on notice in any other way of this action and motion seeking injunctive
relief. 	And Plaintiff has failed to present “specific facts in an affidavit or a verified
complaint [that] clearly show that immediate and irreparable injury, loss, or damage
will result to the movant before the adverse party can be heard in opposition”; nor
has “the movant’s attorney certifie[d] in writing any efforts made to give notice and
the reasons why it should not be required.” See Rule 65(b)(1), Federal Rules of Civil
Procedure. 	Therefore, absent proof of service pursuant to Fed. R. Civ. P. 4 and 5,
the Court will take no action in the instant case.
In light of the foregoing, IT IS ORDERED that Plaintiff provide the Court proof
of service pursuant to Fed. R. Civ. P. 4 and 5.
DATED this 17th day of March, 2023, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
3 Docket 1 at 14, ¶ 44.
Case 3:23-cv-00059-SLG Document 10 Filed 03/17/23 Page 2 of 2