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

cafeconleche said:
So, if the AUSA were to contact me, I could agree for the case to be remanded but stipulate that CIS has to approve it, or what?
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Either you could accept the AUSA's deal that the case be decided, or you can can refuse.
cafeconleche said:
Isn't it true that some courts don't accept denials from CIS once they have been remanded?
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If your case is denied, then you would have to first seek remedy under the USCIS appeal process .
 
i just joined this forum but i have been reading it for the last 3 weeks.I just happened to google immigration forums and i ended up here.I read the first post by PUBLICUS and i was on my 115th day after interview,so right there i got syked up and i could not wait for 120days to end.On my 121st day,I filed 1447(b).I am waiting for the summons to be mailed back hopefully by monday and then i mail them to the defendants.For anyone still waiting,i would advice you to file.Yes you can do it.Just after a day of reading the posts from former members,i knew i had to do it.You do not need a lawyer.Lets get them.
 
cafeconleche said:
Yeah it was in the AILA's document about how to proceed with the 1447(b): http://www.aila.org/content/default.aspx?docid=17809 (see bottom of page 4).
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Those courts ruled that USCIS cannot make a decision on a 1447(b) case unless they are remanded to do so by the courts. That is why USCIS asks the plaintiff to drop the case before they proceed with adjudication in such matters. Without dropping the case, those courts ruled that USCIS has no jurisdiction in adjudicating a 1447(b) unless they are told to so by the courts.
 
some courts not all courts recognize that USCIS looses jurisdiction.Only the second,fourth and ninth circuits does the court agree that USCIS looses jurisdiction once a lawsuit is filed and thus the USCIS cannot deny your application once a lawsuit is filed because they do not have jurisdiction.Check this out;

The statute vests jurisdiction over the suit in the district court.

Section 1447(b) explicitly gives the district court jurisdiction over the action. There is a
question, however, as to whether this jurisdiction is exclusive, or whether the agency
retains concurrent jurisdiction over the application. Frequently, after suit is filed under §
1447(b), USCIS will adjudicate the naturalization application and file a motion to dismiss
the district court proceedings as moot. The agency takes the position that it retains
concurrent jurisdiction with the district court. Moreover, where the application is denied
by USCIS, it takes the position that, after the § 1447(b) case is dismissed, the applicant
must exhaust the administrative appeal required by statute before seeking federal court
review of the denial. See 8 U.S.C. § 1421(c); 8 U.S.C. § 1447; 8 C.F.R. § 336.9(d); cf.
Chavez v. INS, 844 F. Supp. 1224 (N.D. Ill. 1993) (finding no jurisdiction to reinstate §
1447(b) suit where agency denied application following remand; applicant had to exhaust
administrative remedies before seeking judicial review under 8 U.S.C. § 1421(c)).
Three courts of appeals and a number of district courts reject USCIS’ position and instead
hold that a district court has exclusive jurisdiction upon the filing of a § 1447(b) action
and that USCIS is without jurisdiction to decide the naturalization application unless the
district court remands the case. See, e.g., Bustamante v. Napolitano, 582 F.3d 403 (2d
Cir. 2009); Etape v. Chertoff, 497 F.3d 379 (4th Cir. 2007); U.S. v. Hovsepian, 359 F.3d
1144 (9th Cir. 2004); Taalebinezhaad v. Chertoff, 581 F. Supp. 2d 243 (D. Mass. 2008);
Castracani v. Chertoff, 377 F. Supp. 2d 71 (D.D.C. 2005); see also Al Maleki v. Holder,
558 F.3d 1200, 1205 n.2 (10th Cir. 2009) (finding it unnecessary to answer the question
but noting the persuasive reasoning of Hovsepian and Etape). Thus, in the Second,
Fourth and Ninth Circuits, a denial of the application by USCIS after the § 1447(b) action
is filed is without force because the agency had no jurisdiction to make the decision.
 
Ok, so I mailed my lawsuit yesterday. I'll keep y'all updated, and I'll attach the text here later. The Clerk was very helpful (Eastern District of New York). I told him I was temporarily in CA, and he said to add a cover letter to have correspondence sent here, so that was nice. He also said pro se. applicants didn't need to include the cover sheet. Just the lawsuit, attachments, 3 identical copies and a cheque for $350. It should be there tomorrow.
 
got back my Summons from the court yesterday.I will mail them tomorrow,overnight them to the defendants including the US ATTORNEY so that the clock may start ticking a.s.a.p
 
This morning I got electronic acknowledgment that my papers have been filed by the court, and they even sent my receipt. Pretty cool. It says if I want to access some of the documents I'll have to pay (is this Pacer?).
 
PACER is easy to sign up for with a credit card. The charges are 8 cents per page. If you do not build up a charge of $10 in a quarter then there is no charge. When you query, go to the specific court site within PACER to narrow the search and limit pages returned.
 
I’m preparing my lawsuit as well, since my case is processed with Dallas field office, should I include the acting director of Dallas field office; if so where can I find his name? I’ve called the hopeless 800 number and the lady told me she could not provide such information, I guess confidential
 
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