Search results

WOM! Thanks for the great news lazycis. A well deserved victory for everyone who fight hard for this.

finally I received emails from USCIS today notifying the approval of my I485. It took them only 20 days to finish the wait once they were ordered to. Here's my time line: PD - 08/01 485 RD - 03/04 WOM - 05/07 MSJ granted - 01/08 Case approval - 02/08 I cannot imagine how I could have...

AGC4ME, check with the court clerk on that. I am in Western district of Washington and I was able to register with ECF. I just put Pro Se where the form asks for attorney bar #. It has been a great time saver when I file documents with the court.

Thank you lazycis. It's been more than 60 days since I sent them the request for documents and the defendants haven't provided anything specific to my case except some general documents about name check. I know I can file something like motion to compel with the court but I don't want to have...

I requested USCIS to provide an affidavit on whether they have followed the procedures required by 8 C.F.R. § 103.2(b)(18). The AUSA's response was that "a request for production of documents does not require the creation of any new documents, including an affidavit". Since I also requested...

greenpea, Unless the schedule is set by the court, check your local rules. For example, rule 7 of the local rules of Western District of Washington says "All motions shall include ... the date the motion is to be noted for consideration upon the court's motion calendar." and "all dispositive...

I agree. As lazycis pointed out, I have also requested documents related to 8 C.F.R. § 103.2(b)(18) so they have to answer that. It's hard to believe that USCIS doesn't even bother to follow 8 C.F.R. § 103.2(b)(18) but I haven't seen in any case where USCIS prove that they follow the procedure...

That's definitely a good news. The LUD doesn't matter and it is never accurate. Confirm with either AUSA or Infopass should be fine. Regarding visa availability, AGC4ME has some good arguments in his MSJ. Remember it's possible that USCIS has reserved a visa number for you so they can adjudicate...

I requested an affidavit about § 103.2(b)(18) a month ago. Haven't got the formal response yet. The AUSA mentioned that "we will likely take the position that you cannot request the agency to produce an affidavit through a request for production of documents". Any idea how I can respond?

Congratulations AGC4ME! Enjoy your well deserved victory.

I have a couple of questions about this case. On the left column of page 6: "The fact that plaintiffs have failed to file a summary judgment evidentiary appendix does not undercut the court's conclusion in the circumstances presented here. At issue is the reasonableness of the delay as a...

I think requesting documents related to § 103.2(b)(18) is a good idea for MSJ. lazycis, could you comment on the following wording? "An affidavit stating whether procedures defined in 8 CFR § 103.2(b)(18) have been followed on Plaintiff's AOS application. If 8 CFR § 103.2(b)(18) has been...

I think you confused summary judgment with default judgment. The courts don't grant default judgment in government defendant cases but they sure can grant summary judgment favoring either party.

Thank you AGC4ME. How long did it take to receive the documents? I want to file MSJ as early as possible but the AUSA hasn't filed the answer yet. He seems to be nice but every time I asked about the answer he said he's too busy. He also said that the absence of the answer doesn't impede the...

AGC4ME, Would you mind sharing how you did request for documents? Did you file the request to the court or did you just communicate it with the AUSA? I'm thinking of doing it but I couldn't find any examples in PACER.

One more good step for AOS cases in Western Washington The judge denied most parts of the MSJ filed by the defendants. FBI is dismissed as defendant citing Konchitsky v. Chertoff, 2007 WL 2070325 (N.D. Cal. July 13, 2007) "the Court lacks jurisdiction to compel the FBI to perform name checks in...

http://dockets.justia.com/docket/court-wawdce/case_no-2:2006cv00614/case_id-135149/ Looks like the case was jointly withdrawn in March 2007.

In my case, the court ordered initial conference and JSR before answer dues. The AUSA told me he will file answer before the JSR due date. He also said that he will file MTD eventually. My understanding is that defendants can file MTD at any time before the due date of dispositive motions.

Western district of Washington

From http://dictionary.lp.findlaw.com/: Idem - Latin, same : something previously mentioned: the same authority (used in citations to cases and other works to refer to an immediately preceding reference) (compare infra supra) Note: Idem is usu. used in the form of its abbreviation id...