A US permanent resident has recently moved to western VA.
The permanent resident would like to file a lawsuit against the USCIS. One of the defendants is the head of the USCIS Field Office at Norfolk, VA, which is now responsible for the permanent resident's case, based on his zip code.
So, the permanent resident resides in one district (the Western district), but his rights were violated by the USCIS field office which is in another district (the Eastern district).
The permanent resident wants to file a lawsuit according to 8 U.S.C. § 1447(b):
(b) Request for hearing before district court
If there is a failure to make a determination under section 1446 of this title before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.
So, the law specifies that the permanent resident should file his lawsuit in the United States district court for the district in which the applicant resides, i.e. the Western District.
However, it would be reasonable to say that the actions or inactions that violated the permanent resident's rights occurred in the USCIS Norfolk Field Office, which is in the Eastern District.
A quote from the US District Court for the Western District of Virginia's PRO SE HANDBOOK:
3. VENUE: Is the Western District of Virginia the appropriate federal court in which to file my lawsuit?
If you decide that there is jurisdiction to bring your claim in a federal court, you must then determine in which federal court to file. In order to decide a case, a court must have some logical relationship either to the litigants or to the subject matter of the dispute; this is called venue.
There are two United States District Courts in Virginia: the Eastern District and the Western District. Generally, you may only file an action in the Western District of Virginia if the actions or inactions that you believe violated your rights occurred within the boundaries of this District.
According to the above resource, the permanent resident should file his lawsuit in the United States district court for the district in which his rights were violated, i.e. the Eastern District.
In which district should the permanent resident file his lawsuit then?