Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

mt100 said:
OK-Boy,
I had sent you PM yesterday. Probably, you did not check your PM.
No, I did not use 1447(b) which is not applicable for my and your cases.
Please feel free to send me PM and I'll be happy to help.
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Hi MT100,

I shall HIGHLY APPRECIATE if you could e-mail me (offcouse after taking off all your personal info) the rough draft of your WOM at mikezuber70@hotmail.com. That would be the biggest favor you will give to me and I'll help someone else later in response to pay you back. I haven't see any WOM of N-400 w/o interview so far and I need some jump-start. Thanks so much, Dude
 
lazycis said:
Slowik and Kuck are good ones (Kuck was selected as president-elect of AILA recently), but they will probably be expensive.
Bratton is a smart guy too, albeit young (6 years of practice). Check their prices and pick one. It seems that Ohio AUSA district office does not have the brightest people in the Civil division so your chances are good.
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Lazycis,

Thank you for your advice.

Pengdi
 
485 Approved

My wife's and my 485 were approved on Friday. I got the magic emails finally. Here are the details about my cases:

PD for Labor is around April 2001
04/07/2003: filed 485, EB2, from non-retrogressing country
12/26/2006: filed WOM in CT (2nd Circ.)
03/16/2007: AUSA filed an answer
04/01/2007: 3rd fingerprinting for me
05/02/2007: 3rd fingerprinting for wife
07/02/2007: filed MSJ and Motion for Expedited Consideration for MSJ
07/30/2007: AUSA filed 2 weeks extension nunc pro tunc to reply to the MSJ (AUSA missed deadline of 07/24/2007 to file reply to MSJ)
08/15/2007: AUSA filed reply to MSJ, requested dismissal
08/24/2007: filed reply to AUSA's reply to MSJ
08/30/2007: Motion for expedited consideration was granted by the judge
09/07/2007: 485's were approved exacly 53 months after they were filed

This forum and its excellent members helped me tremendiously, and I hope I can be of help to some others by posting the documents I filed. I hope my documents will help some others prevail in this fight with the unjustice that we've been subject to for years.

vcs_victim
 
vcs_victim

congratulations and enjoy the freedom. hope you hang around to help us folks though. Why did u request expedited hearing ?
 
mandamus help

lazy_cis,
I see that there are not many courts that issued mandamus. Courts find jurisdiction under APA which negates the "no alternate remedy" available prong of the mandamus. do you know of cases where mandamus was actually issued.
 
AGC4ME said:
lazy_cis,
I see that there are not many courts that issued mandamus. Courts find jurisdiction under APA which negates the "no alternate remedy" available prong of the mandamus. do you know of cases where mandamus was actually issued.
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There should be plenty of those. Right of the bat, it's Aboushaban and Haidari. If Plaintiff requests relief using both mandamus and APA, courts usually use APA. I believe most of the earlier decisions (except Kim) used mandamus statute.
 
Motion to reopen

See comments in red. good luck.

thanksuscis said:
This is a fascinating thread, and I used all the info here to file 1447b Pro-Se
in SF in July of 2007, one year after my interview.

As expected, 2 weeks after the lawsuit USCIS fingerprinted me
again and send a request for updated information since the interview.
2 more weeks passed, and AUSA called me to tell me that my namecheck
has cleared and asked me to voluntarily dismiss the lawsuit.

If you have voluntairly filed motion to dismiss the lawsuit, you probably have indicated your reasons in the motion to why you want it dismissed. If this is the case, then you have a good chance to file motion to reopen based on the new evidence AUSA provided you with. Otherwise your chance the judge will reopen it is slim to none.

Now this is when it gets interesting. I dismissed the lawsuit,
and 3 weeks later contacted AUSA again. She said, let me check with
USCIS. One more week passed, and I reminded her again.
She replied saying that she is sorry, but USCIS provided her with
wrong information, and that my background check has not cleared.

Collect all your emails to and from AUSA, provide a clear detailed explaination of the situation to the court (in your motion to reopen if this is the case) which will increase your chance for reconsideration.

Wow, thanks USCIS and AUSA!

AUSA did indeed misslead you and provided you with inacurate information resulted in dissmising your case. She may argue that you voluntairly filed your motion to dismiss (and I am assuming the judge dismissed your case as MOOT) and try to balme it on someone else (i.e. USCIS)...

Does anyone know what are my options at this point?
I suppose I can reopen the case, or file a new one with additional
evidence (emails from AUSA).

You can file a motion to reopen based on new evidence and see what happened. (at least this option will not cost you more than the postage- check with your court clerk if you have to serve all defendants or just AUSA with your motion to reopen) - SEE the below attachment, it might help if you are planning on filling motion to reopen
OR
You always have the option to file another case and go through the same process all over again....

I guess I could complain to CIS Ombudsman,

Don't bother this is a waste of time and may take months to hear nothing signifficant...

and AUSA bosses, which is probably a waste of time.

Now this option sounds more effictive.. Call The US attorney for your district and ask to speak to the District Attorney (DA) himself, explain your situation and complain to him first. Since his assistant attorney screwed up big time, he might be able to weight in and get things done out of the court...

If anyone has any ideas please post.

Here is what I would do in sequence:

1- Call the DA and present your situation asking for his helo and guidance.

2- If option one did not work, then file a "Motion to reopen" based on discovered new evidence and lay everything out to the judge to include your conversation with the DA.

3- Worse case, (if option 1 and 2 failed)... file a new case providing your new evidence with it. AUSA will not look good before the court or his boss because of what he did to you.

Trust the U.S. Judicial branch... Justice is what defines America.
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Expedited Consideration

AGC4ME said:
congratulations and enjoy the freedom. hope you hang around to help us folks though. Why did u request expedited hearing ?
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I am attending to a graduate school and I need financial support to continue. To find support, either I should change my job and find an employer who pays tuition, or I need to be permanent resident to be eligible for federal loan. That was the reason for my expedite request.

I will still be around; and post my files sometimes next week.

vcs_victim
 
Hello All,

I have a friend who wants to file a WOM for her N-400 application. She got a confirmation that her background check from the FBI was cleared less than 6 months ago for another application she had, but the USCIS ordered a new one even though that violates their own 15 month policy. USCIS has not scheduled her interview yet. She filed her N-400 in July 2006. My question is does anyone know of good cases to cite regarding USCIS delay when they have the background check but still have not scheduled an interview. Thank you all.
 
SHAFFI said:
Hello All,

I have a friend who wants to file a WOM for her N-400 application. She got a confirmation that her background check from the FBI was cleared less than 6 months ago for another application she had, but the USCIS ordered a new one even though that violates their own 15 month policy. USCIS has not scheduled her interview yet. She filed her N-400 in July 2006. My question is does anyone know of good cases to cite regarding USCIS delay when they have the background check but still have not scheduled an interview. Thank you all.
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check out MT100's posts. If USCIS interviewed you then you use 1447(b) else it's either WoM or APA.
 
Everyone

In response to my request for documents I received about 1000 pages worth of useless USCIS-FBI communication and about 300 pages of some power point presentation which was completely blacked out. Oh by the way my wife's name check cleared in 4 days. Mine had a hit and they don't know what happened after Sept. 2004....:) :mad:
 
Effect of letter to Mrs. Bush on name check

Today I got a response from the Department of Justice saying that my letter to Mrs. Bush concerning name checks were forwarded to them and FBI on July 25. It then explained to me the difference between FOIPA and NNCP.

Attached to the letter was a note from the FBI name check program section chief Michael A. Cannon which stated that my wife's name check was done on the day the request was received on May 28, 2004. What's interesting is that on May 28 of 2004 my I-485 had not even been filed yet!!! Also, when I had an info pass interview about 7 month ago, I was told that my wife's name check was also pending!!!

The note also mentioned that my name check request was pending since it was received on Feburary 4, 2005 and assurred me that they are trying to get it done "as quickly as possible". So now at least I know that they are aware of my case and told me that they are working on it.

From this, it seems that writing to Mrs. Bush can actually help. Although I hope that they won't use this letter to help make the case to dismiss my WOM case.
 
AGC4ME said:
In response to my request for documents I received about 1000 pages worth of useless USCIS-FBI communication and about 300 pages of some power point presentation which was completely blacked out. Oh by the way my wife's name check cleared in 4 days. Mine had a hit and they don't know what happened after Sept. 2004....:) :mad:
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Now I understand why it's taking 3+ years. 1000 pages of communications to process a name check?
 
not all communication

Okay here's how it works
NNCP steps
1. Batch run
2. Name search
3. File review
4. Dissemination

Mine is stuck in dissemination from September 2004. Meaning the name check review was completed in Sept. 2004, FBI just hasn't given USCIS the info yet.

It's actually more than 1000 pages. I have 2 or 3 big presentations about NNCP with any info about the dissemination section redacted. (Not a surprise). They did do a good job of identifying would be of interest to me and redacted it.

Then I have 11 months of progress report for every month about how many cases are in RIDS, how many came in, how many went out, what's the avg. processing time for a small request, medium request and large request. Here's the kicker there's a case from 1995 that's still pending in the large request category.

Then I have an affidavit from a person in FBI how has produced 10 pages of info about NNCP and then 2 pages dedicated to my case. Atleast he gave some info about when I passed through each one of the above 4 steps. Then I have FBI screeprints about the same dates.

USCIS gave me a copy of my I-485 application with all their scribbling on it intact. Nothing juicy though.

So all in all, where I am right now is instead of saying I'm stuck in name check, I can say I'm stuck in dissemination piece of the name check.

lazycis, can I still go for MSJ ? Or do you think this alters the landscape a bit.
 
lazycis said:
I do not want to discourage you, but I think hiring attorney for AOS case in Maryland will be the waste of money unless you are ready to go thru the appeal process. Or may be it make sense to hire one at the appeal stage? One member is going thru the appeal in your circuit at this time so if he wins, that may change the situation. I hate to be pessimistic, but out of 70 favorable AOS cases we have, there is not a single one from the 4th Circuit (all other Circuits have at least one). I filed a notice of appeal on May 16th and I am expecting a decision by the end of October. So the whole process is about 6 months.
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lazycis,
Do you know of any successful appeals (preferably in the 9th Circuit)?
 
So what's the average time for a small, medium and large requests? Was anything done on your case after September 2004? Remember, you can go for MSJ at anytime.
 
aminota said:
lazycis,
Do you know of any successful appeals (preferably in the 9th Circuit)?
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If we are talking about naturalization, yes, it's Hovsepian case in 9th cir. and Etape case in the 4th. I am pretty sure there were no successfull AOS appeals in any circuit (there are a few appeals were the courts admitted that mandamus is appropriate in long delayed AOS, but those appeals were not successfull for other reasons (Iddir v INS, Ahmed v DHS - 7th cir., Rios v. Ziglar - 10th cir.)
 
lazycis said:
So what's the average time for a small, medium and large requests? Was anything done on your case after September 2004? Remember, you can go for MSJ at anytime.
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Nope nothing was done after september 2004. avg time for small is 104 days, medium 272 days and large is 558 days.

I think my main argument is, yeah FBI had a hit. We cannot even prove whether the hit was against my name or some variation of my name (remember the permutations and combinations). But the hit was dangerous enough that the adjudication of I-485 form should be delayed but benign enough that the alien can be given EADs and APs and be allowed to live, work and travel freely within this country.
 
And here's the kicker

in April 2007 these days were 8, 275 and 580. The avg no. of days for small requests went through the roof, about 13 times in May 2007
 
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