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

[Haddy]

Following the suggestions of AUSA and gurus of this thread, I am going to file dimissal motion early next week. Please help me check the dismissal draft. I got a template from AUSA, and I modified it with suggestions from Haddy. I pasted both version at below.

I have one more questions about current status of my complaint. I haven't filed Proof of Serivce yet (I am a bit lazy, but we have 120-day to serve defendants). I guess it doesn't matter now because I am going to dismiss the case. Is that right?

Today, I also asked AUSA whether the quick resolvement of my case is due to her help or just happened by itself. She said she didn't send any expedite request to USCIS. It looks like that I am just lucky.

OK, here is the dismissal templates:
AUSA's version:
On June 5, 2006, Plaintiff filed a complaint for a writ of mandamus, seeking adjudication of his application for adjustment of status. On June 28, 2006, Plaintiff's application was approved. Accordingly, Plaintiff has received the relief he sought, and hereby voluntarily withdraw his complaint.

My version
On June 5, 2006, Plaintiff filed a complaint for a writ of mandamus, seeking adjudication of his, as well as his wife’s, application for adjustment of status (AOS). One June 28, 2006, Plaintiff’s AOS application was approved, 23 days after filing this complaint. Plaintiff’s wife’s case is still under process. Since Plaintiff’s wife is not listed as a plaintiff, Plaintiff hereby requests the court to dismiss this complaint as moot without prejudice.

Thanks in advance for your suggestions.

CONGRATS... I like the second one... and would file the second one your version...
the part where you asked the AUSA if she did something... I would say no... she did not do anythign... but when you filed your complaint... and sent all the partied (defendants) your lawsuit complaint copies... that is what worked... and your previous correspondence to all the people you contacted in your case worked... so it was 100% your effort... no AUSA helped you... you should feel proud of yourself... I like the second version... just file it and send a copy to the AUSA... dont take pressure from AUSA version...

 

[Haddy]

A Question Please...

Does any body know about this:

if someone like me who filed a complaint with Federal District Court against USCIS/DHS has to move to a different state, what would I need to do to get my case transferred to a different state?

Has any one passed thru cases where Plaintiff filed Motion to Strike or Motion to request Judge to make Judgement or to get the Judge Order on a case before the hearing date?

I will appreciate your input and response...

 

[TheRock20148]

Still Waiting

I did filed 1447(b) on July 11th, summon served and certificate of service delivered to court and US district attorney. I got letter from US district attorney acknowledgment of certificate of service (this is common).
I called District attorney to find out anyone assigned to my case, no one assigned to my case yet.
Lets see what will happen next week.

 

[cajack]

Hi Syt and Legal:

Yes. I am ready for the lawsuit. I don't think waiting is going to solve anything. We have to fight for it. Of course, I always feel a little bit nervious to take on government in a lawsuit. But I don't think I have a choice now.

Syt, you will be the first among three of us to file the lawsuit. So good luck on your lawsuit this August. And legal, wish you have a nice trip to Europe. Keep visiting this forum and we need everyone's support.

Good luck to everyone on this forum.

jack

Jack,

Yes, I am in Bay Area, CA. I do not study on how to use pacer yet. I am sorry. I can't answer your questions about PACER. However, I have all paper work done and ready to file. I am waiting for my day 08/11. It is 14 days left. Good luck to us.

Regards,
syt

 

[cajack]

zzyxy:

Good job to your case. Congr. I am living in Northern california near Sacramento. I am planning on my lawsuit coming this August or September. Your winning case means a lot to me and whoever lives in California. Would you mind to share some of information of your lawsuit. Which district did you filed and when did you filed? If you don't mind, could you send me a private message of your case # of your lawsuit? I am doing some research on pacer to gathering information. I have checked the North and East california district and did not find any lawsuit is 1447b petition since 1/1/2005. It is very odd. I could be wrong. Thanks you for your information.

jack

I want to thank all of the folks on this thread. This thread proved to be the most useful resource to get me through the final obstacles on the way to citizenship. I've been lurking around for a while and now I've finally got something to say.

To make long story short, after 120 days were over, I went to USCIS office in San Jose, just to hear that my name check was still pending since it was submitted to FBI last October. So I bit the bullet and filed 1447(b) case. Almost immediatelly Judge sent defendants order to show cause. It didn't sound particularly sympathetic for the goverment and asked them if they have any good reason why he shouldn't grant me my relief. Two weeks later got a call from US Attorney office and was told that USCIS is ready to adjudicate. Signed proposed motion to dismiss (without prejudice) which was filed a bit later and lo and behold, this week I've got Oath letter saying that I'm scheduled for Aug 23rd.

That's pretty much it. Looks like at least in Northern California they've streamlined 1447b case handling and deal with them pretty efficiently.

 

[moody22]

As I mentioned earlier... there was another instant where the FBI had already finished the name check and USCIS due to their dis-connectivity in their systems or error in inputting data in your file under your name is the cause of this type of b/s... use this letter in your lawsuit... these f**king ediots think that they are GODS and sit on innocent people files forever and earn their filing fees... I would also send another letter to Mrs. Bush with this attachment and request her to do something for you on this matter... I beleive they will be able to help you... Good Luck!!!

Thanks Haddy,

I already drafted a very nasty letter to the chief of naturalization, the supervisor of the citizenship office, to be send first thing tomorow morning.
i just can't belive that i been through all this shit for 2 fucken years, while my name check was cleared one day after they submitted to the FBI on 7/26/04.

for your other question concerning your moving to other state while your case is going on in the fedral court and CIS, i really strongly advice you to stay where you at now. moving to other state will hurt your case and application by a great delay, loosing document since they have to transfere evrything (court and cis wise) to your new state ofices of jurisdiction.

is the moving is a must or temporary, just consider changing your address to a friend address you trust in your same county, not even the same state, but the same county to avoid any troubles.

and i'm sure you will make it soon.

Regards,

Moody

 

[xu111]

thank you Haddy, two more questions though

Haddy,

Thanks for your comments. I agree with you that I earned the victory through my efforts and I AM proud of myself. I just want to share the information, so that folks around here know what to expect for their cases.

In terms how to dimiss the case AUSA told me that I can file the motion by myself and there is no need to go through her. I guess there is no difference in these two way.

By the way, do I need file Proof of Service before dismissing it? I think it doesn't matter.

CONGRATS... I like the second one... and would file the second one your version...
the part where you asked the AUSA if she did something... I would say no... she did not do anythign... but when you filed your complaint... and sent all the partied (defendants) your lawsuit complaint copies... that is what worked... and your previous correspondence to all the people you contacted in your case worked... so it was 100% your effort... no AUSA helped you... you should feel proud of yourself... I like the second version... just file it and send a copy to the AUSA... dont take pressure from AUSA version...

 

[zzyxy]

cajack,

I've filed in San Jose as I live in Santa Clara Countly. Check local court rules. It specifically says where to file by county. See 3.2(f) of Civil local rules that you can find on court's page: http://www.cand.uscourts.gov

Here's direct link, but I'm not sure if it will work for you:

http://www.cand.uscourts.gov/CAND/L...7f39eafb2106e6db882569b4005a23f1?OpenDocument

For some reason only Judge's order to show cause shows up on PACER in my case. For what it's worth, my petition was practically copy-pasted from case 06-cv-03081 (filed in northern california/San Francisco). For some reason I couldn't attach PDF. I'll try to attach it to the post later.

Order to show cause practically literally matches the one already mentioned on this thread. http://www.immigrationportal.com/showpost.php?p=1456307&postcount=3588 on page 240

As for the PACER, it appears that they have two-level system. Most recent cases are usually found in the local court's electronic filing system. For northern california that's https://ecf.cand.uscourts.gov/cand/index.html (it's linked from court's web page). Older cases then get sort of archived in federal PACER system. Both systems allow access using your PACER login.

--zzyxy

zzyxy:

Good job to your case. Congr. I am living in Northern california near Sacramento. I am planning on my lawsuit coming this August or September. Your winning case means a lot to me and whoever lives in California. Would you mind to share some of information of your lawsuit. Which district did you filed and when did you filed? If you don't mind, could you send me a private message of your case # of your lawsuit? I am doing some research on pacer to gathering information. I have checked the North and East california district and did not find any lawsuit is 1447b petition since 1/1/2005. It is very odd. I could be wrong. Thanks you for your information.

jack

 

[shadeshi]

FIOPA and 1447(b) file question

I want to thank all of the folks on this thread. This thread proved to be the most useful resource to get me through the final obstacles on the way to citizenship. I've been lurking around for a while and now I've finally got something to say.

To make long story short, after 120 days were over, I went to USCIS office in San Jose, just to hear that my name check was still pending since it was submitted to FBI last October. So I bit the bullet and filed 1447(b) case. Almost immediatelly Judge sent defendants order to show cause. It didn't sound particularly sympathetic for the goverment and asked them if they have any good reason why he shouldn't grant me my relief. Two weeks later got a call from US Attorney office and was told that USCIS is ready to adjudicate. Signed proposed motion to dismiss (without prejudice) which was filed a bit later and lo and behold, this week I've got Oath letter saying that I'm scheduled for Aug 23rd.

That's pretty much it. Looks like at least in Northern California they've streamlined 1447b case handling and deal with them pretty efficiently.

Congraulations!
I have few question though. Is it good idea to file FIOPA with FBI to make sure "no records" before filing 1447(b)? Does really help or does not matter? Should I directly file 1447(b) instead? I read in some place that in case FBI has some records and CIS cannot get namecheck done, CIS will try to find any execuse to deny citizenship. I think, in case of Basher82, CIS denied his case initally. Gurus, please shed some light on this.

 

[lotechguy]

Congraulations!
I have few question though. Is it good idea to file FIOPA with FBI to make sure "no records" before filing 1447(b)? Does really help or does not matter? Should I directly file 1447(b) instead? I read in some place that in case FBI has some records and CIS cannot get namecheck done, CIS will try to find any execuse to deny citizenship. I think, in case of Basher82, CIS denied his case initally. Gurus, please shed some light on this.

Who is Basher82 ? Never saw any posting here by that name. Is this from a different board ? What is the case history ?

 

[gcmera2]

Hi

Hi everybody:

Can any one who has filed the WRIT of mandamus can kindly post the TEMPLATE of the WRIT PETITION here or can send me via personal message(PM). I am planning on filing for my pending I-485 case. My name check/FBI is done but they are keeping for internal check in Vermont. Do not know what they do in this.

I really need help from some one who filed this writ petition for I-485 purpose. Thanks a lot in advance.

 

[lotechguy]

Hi everybody:

Can any one who has filed the WRIT of mandamus can kindly post the TEMPLATE of the WRIT PETITION here or can send me via personal message(PM). I am planning on filing for my pending I-485 case. My name check/FBI is done but they are keeping for internal check in Vermont. Do not know what they do in this.

I really need help from some one who filed this writ petition for I-485 purpose. Thanks a lot in advance.

I would suggest get a pacer account and login and check soem cases with code 540 (mandamus other) and party chertoff in your district court. You should find all samples you need.

 

[qim]

Who is Basher82 ? Never saw any posting here by that name. Is this from a different board ? What is the case history ?

It's bashar82 (over 300 posts). If you (or anyone else) never saw some particular username before, it doesn't mean there is no such member of this forum.

You may wish to search this thread (and possibly this forum) by username bashar82.

**************************************************
Interview:April 2005; 1447b:February 2006; Naturalized: May 2006

 

[Balto]

qim, what's LUD

It's bashar82 (over 300 posts). If you (or anyone else) never saw some particular username before, it doesn't mean there is no such member of this forum.

You may wish to search this thread (and possibly this forum) by username bashar82.

**************************************************
Interview:April 2005; 1447b:February 2006; Naturalized: May 2006

qim, what's up! Good to see that you are still hanging around. Just a quick question, what's that LUD thing in your signature? I pretty much figured out all the abbrevs but this one has bothered me for a LONG time, I just don't get it Enlight me if you will

Yes, bashar82 had a very unique story and worth everyone's attention. I also remembered someone else who is also from the same district as bashar82, s/he went in for the 2nd interview only to be told that the case will be denied and the officer was not happy that a lawsuit was filed, I was always wondering if that person can reveal the officer's last name, I felt it may be the same one that interviewed bashar82. I sincerely hope that this person's case (sorry can't remember the user name) has been resolved in his/her favour by now, and that officer been displined (sorry, spelling) for his behavior, what a bastard that officer is!!

Best wishes for all!

Balto

 

[qim]

qim, what's up! Good to see that you are still hanging around. Just a quick question, what's that LUD thing in your signature? I pretty much figured out all the abbrevs but this one has bothered me for a LONG time, I just don't get it Enlight me if you will ...

Thanks, Balto.

LUD stands for "Last Updated Date". Here is what this for:

On USCIS site https://egov.immigration.gov/cris/jsps/index.jsp, under "Case Status Portfolio with Updates via Email", one can read about this free service: "USCIS Customers ... who require regular access to status information about multiple cases can create an account to more conveniently access this information... In addition, you can choose to receive automatic case status updates, which will be sent via email"

In many cases this is indeed a convenience. Now, if one already has an account, it shows among other things this LUD related info:

"* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message"

This LUD has been repeadtely discussed on the "Family Immigration" subforum of this forum. What's more, a list of USCIS abbreviations has been created and even maintained during some time... More or less (still I believe not entirely) complete abbreviations list is here: http://www.immigrationportal.com/showpost.php?p=1368632&postcount=18

Was glad to hear from you too, Balto.

**************************************************
Interview:April 2005; 1447b:February 2006; Naturalized: May 2006

 

[cajack]

Zzyxy:

thank you for your reply. I have sent you one PM message with few questions. Please check it out when you have time. I have one extra question for you. How long does it take for you to receive your oath letter after signing document to drop your case against USCIS? It looks like that it take quite a few days between the time that you drop your case and the date that you received your oath letter. Thanks,

jack

cajack,

I've filed in San Jose as I live in Santa Clara Countly. Check local court rules. It specifically says where to file by county. See 3.2(f) of Civil local rules that you can find on court's page: http://www.cand.uscourts.gov

Here's direct link, but I'm not sure if it will work for you:

http://www.cand.uscourts.gov/CAND/L...7f39eafb2106e6db882569b4005a23f1?OpenDocument

For some reason only Judge's order to show cause shows up on PACER in my case. For what it's worth, my petition was practically copy-pasted from case 06-cv-03081 (filed in northern california/San Francisco). For some reason I couldn't attach PDF. I'll try to attach it to the post later.

Order to show cause practically literally matches the one already mentioned on this thread. http://www.immigrationportal.com/showpost.php?p=1456307&postcount=3588 on page 240

As for the PACER, it appears that they have two-level system. Most recent cases are usually found in the local court's electronic filing system. For northern california that's https://ecf.cand.uscourts.gov/cand/index.html (it's linked from court's web page). Older cases then get sort of archived in federal PACER system. Both systems allow access using your PACER login.

--zzyxy

 

[dks35]

My oath letter was issued and mailed a day before I signed a deal with US Attny. She called me on 26th, the date on the Oath letter was 25th and postal stamp on the envelope was 26th - that is before she even called me. The agreement I signed stipulated that CIS will act within 7 days.

Zzyxy:

thank you for your reply. I have sent you one PM message with few questions. Please check it out when you have time. I have one extra question for you. How long does it take for you to receive your oath letter after signing document to drop your case against USCIS? It looks like that it take quite a few days between the time that you drop your case and the date that you received your oath letter. Thanks,

jack

 

[oceanside]

Need some advice

I am new to this. My I-485 case was filed in June 2003. I contacted USCIS a couple times through my atterney, and they always told me that it is under security check. A few weeks ago I contacted my senate for their assistance. Today I received a letter from FBI indicating that my name check was received from USCIS on 07/10/2003, and is currently in a pending status.

To make the things more complicated, I am expecting to get a new job offer soon and, if everything goes smoothly, we will need to move to another state fairly soon. Now, by reading this thread, I am encouraged to file a law suit to expedite my green card case. My questions would be:
1) since I am going to take the benefits of AC21 (changing jobs prior to the obtain of the green card), will filing a law suit cause USCIS to retaliate by dening my I-485 due to my job change?
2) if a law suit is still doable even with the AC21 mess, should I proceed it now or wait until I move to the new state? I will probably stay in the current address for another month or so.

Sorry for the dumb questions. Please advise. Any suggestions would be greatly appreciated.

 

[AL11]

I am new to this. My I-485 case was filed in June 2003. I contacted USCIS a couple times through my atterney, and they always told me that it is under security check. A few weeks ago I contacted my senate for their assistance. Today I received a letter from FBI indicating that my name check was received from USCIS on 07/10/2003, and is currently in a pending status.

To make the things more complicated, I am expecting to get a new job offer soon and, if everything goes smoothly, we will need to move to another state fairly soon. Now, by reading this thread, I am encouraged to file a law suit to expedite my green card case. My questions would be:
1) since I am going to take the benefits of AC21 (changing jobs prior to the obtain of the green card), will filing a law suit cause USCIS to retaliate by dening my I-485 due to my job change?
2) if a law suit is still doable even with the AC21 mess, should I proceed it now or wait until I move to the new state? I will probably stay in the current address for another month or so.

Sorry for the dumb questions. Please advise. Any suggestions would be greatly appreciated.

Why don' t you move first and get your AC21 and then file a lawsuit in your new state? what does your attorney think?

 

[cajack]

Thanks.

My oath letter was issued and mailed a day before I signed a deal with US Attny. She called me on 26th, the date on the Oath letter was 25th and postal stamp on the envelope was 26th - that is before she even called me. The agreement I signed stipulated that CIS will act within 7 days.