EVANS v. United States, 2:12-cv-00677

Evans sues the United States seeking to renounce his U.S. citizenship and be treated as stateless for deportation to specified countries.
He requests a renunciation in the United States and travel documents, plus an emergency hearing and counsel.
His in forma pauperis status is granted under 28 U.S.C. § 1915, triggering § 1915(e)(2) screening for frivolity or failure to state a claim.
Renunciation under 8 U.S.C. § 1481(a)(6) requires submission to the designated agency, here USCIS, for approval.
The court notes USCIS administers § 1481(a)(6); absent agency action, Evans may not obtain relief in federal court until he pursues an agency decision.
The court dismisses Evans’s complaint for failure to state a claim but allows amendment if he has exhausted the renunciation process through USCIS.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Evans states a claim to compel renunciation or review an agency decision	Evans seeks to renounce citizenship and obtain relief in court	USCIS must process renunciations; court lacks jurisdiction absent agency action	Dismissed for failure to state a claim
Whether the case should be dismissed under § 1915(e)(2)	(implicit) claim should proceed	Complaint is frivolous or fails to state a claim	Dismissed under § 1915(e)(2)(B) for failure to state a claim with leave to amend if renunciation already sought

Grayson v. Mayview State Hosp., 293 F.3d 103 (3d Cir. 2002) (§ 1915 screening applies to non-prisoner plaintiffs)
Tourscher v. McCullough, 184 F.3d 236 (3d Cir. 1999) (standard for § 1915(e)(2) dismissal similar to Rule 12(b)(6))
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (requires plausible pleading of claims)
Kaufman v. Holder, 686 F. Supp. 2d 40 (D.D.C. 2010) (Director of USCIS administers § 1481(a)(6)-renunciation process)
Walker v. Holder, 714 F. Supp. 2d 44 (D.D.C. 2010) (absence of agency action forecloses merits relief)
Kaufman v. Mukasey, 524 F.3d 1334 (D.C. Cir. 2008) (regarding form of renunciation within United States)