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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
I am desperate here. My EAD expires this Friday (Oct. 5). My I-765 application has been pending in TSC for more than 90 days so faxed to TSC for expedite EAD application. I also had two infopass appointments with local immigration ffice lately and they said they emailed TSC about my case but it may take them more than 90 days to reply. I also contact my senate about my situation. Senate office send a email to TSC but said it might take 30 buessiness days for TSC to reply. I also tried to contact my AUSA for the situation but couldn't find him and he never replied to my message. What can I do?
LazyCIS and others, here is most recent update on my EAD application:
I went to the Baltimore Immigration Office this morning and talked to the officer who talked to me last week about my current situation(my boss is going to fire me after tomorrow) very politely. She called somebody in her office and after waiting for half an hour. She told me that the officer who sent email to TSC hadn't received any response from TSC. She asked me to go back home and keep waiting. I pulled out the Interoffice memo and tried to persuade her to call TSC. She immediately interrupted me and went to her superviser.
A few minutes later, her supervisor came in and said they had done all they could do. I showed her the Memo, she said they had called and emailed TSC. Nothing else they can do. I further said I would file a lawsuit but I want to make sure they have CALLed TSC as required by the memo. The superviser immediately asked me to sit down and wait.
One hour later, the superviser came out again, said she called. My case is still pending. Now it is up to TSC to react.
My questions now are" First, should I wait for one buessnes day to file Emergency Motion to give TSC a little time to respond or file a Motion immediate? Second, since EAD is a different case than my WOM case which is an AOS case, should I file a separate WOM? I talked to the AUSA this morning. He refused to help me with my EAD. They have a new AUSA to replace previous one yesterday. Since I am in a very bad district (MD) for AOS WOM, I am concerned that the judge may rule based on irrelavancy and ask me to file a seperate one. That will delay my suit. Third, in my motion, should I ask for compensation to my loss?
You do not need to file a separate Wom as EAD is related to the delay with your AOS application. File an emergency motion first, if you can, today. Cite regulation and explain your situation. You do not need to do anything fancy. Ask judge to order the USCIS to issue you a temporary EAD as required by the regulations. That's it. You should get a response today as well. In any case, file the first amended complaint tomorrow and include your situation with the EAD into the complaint. You do not have any loss yet, so no need to mention it.
Hi, which phone number did you call ?
.Thanks.
Some news regarding letters to the First Lady. I called her office today because I didn't receive a response from her.
The assistant told me that my letter was received and forwarded to the "agency" (meaning the FBI, I assume) about six weeks later. She said that the agency typically takes another six weeks to respond, which is mid-October for me. She said that cases are typically expedited when such requests are sent from the First Lady's office.
Btw has anyone had numbering problems with the pages on this forum? Sometimes this thread shows up being 900 and some pages long. Other times it's about 500 pages long.
-Chris
since i filed pro se, may i always use "I" all the time, instead of saying "Plaintiff" or something like that...?
Why not, the most important thing is to get your point across to the judge.
I will call AUSA. One silly question: since a lot of us filed pro se, it seems natural that our home addresses are disclosed in each file...like everywhere, unless we use a PO BOX..so i am not so sure we can consider home address private/personal info here (unless it were a criminal case, per my googling).
thanks.
I don't think your home address alone can cause you any trouble. However, together with your Social Security # and Birth Day, an identity thief could use them for a lots bad things, such as order a credit card under your name. just my 2 cents...
XG
lazycis, could you help me with this question? I know when filing a motion, i need to file a proposed order per the rules; but now i am filing a reply to ausa's opposition to my motion, do i need to file a proposed order, especially if there is some change (i did list the changes in my Reply)? normally it is 30 days, or 15 days?
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when i filed my motion for judgment on the pleadings, i filed a (proposed) order as required. after getting ausa's opposition, i am filing a reply. this time, i'd like to change something in the proposed order, so may i file a new proposed order using the same title "(proposed) order on p..'s motion for judg...."? may i say, "requiring Defendants xxx and those acting under them shall adjudicate the Plaintiff’s I-485 application as soon as possible but no later than 15 days after the order"? 15 days or 30 dsys here?
You do not have to file a proposed order when you reply to motion. I am not sure if you can change the proposed order at this time. Usually it's 30 days, I've never seen 15 days unless it was a real emergency.
lazycis
1- Do you think there is a chance that Bondarenko v. Chertoff , 2007 U.S. Dist. LEXIS 67143 (W.D.N.Y. Sept. 8, 2007) be published? If and when published, it will be the harshest rejection of Safadi case.
2- As per your advice I have found and read pilica v. ashcroft in the 6th circuit. Actually I had noted this case in your reply brief a month ago as it was the only 6th circuit citation. I also looked up the cases cited to Pilica but there are more than 114 cases. Most of them have referred to the matters other than the jurisdictional discussion of the pelica. Is there any smart way on Westlaw or lexis search to narrow down the context of the citing cases?
3- Have you seen Abu-Khaliel (6th circuit, 2006)? It seems a useful one to me.
1- Do you think there is a chance that Bondarenko v. Chertoff , 2007 U.S. Dist. LEXIS 67143 (W.D.N.Y. Sept. 8, 2007) be published? If and when published, it will be the harshest rejection of Safadi case.
2- As per your advice I have found and read pilica v. ashcroft in the 6th circuit. Actually I had noted this case in your reply brief a month ago as it was the only 6th circuit citation. I also looked up the cases cited to Pilica but there are more than 114 cases. Most of them have referred to the matters other than the jurisdictional discussion of the pelica. Is there any smart way on Westlaw or lexis search to narrow down the context of the citing cases?
3- Have you seen Abu-Khaliel (6th circuit, 2006)? It seems a useful one to me.
Chrismartin76
Registered Users (C)
Google white house phone number or go to
http://www.whitehouse.gov/contact/
and use the switchboard number.
_Chris
http://www.whitehouse.gov/contact/
and use the switchboard number.
_Chris
Chrismartin76
Registered Users (C)
Regarding cases to cite in I-485 mandamus cases, I've noticed that the typical complaint cites about five cases, where as the Opposition to MTD has a table of authorities with about 40 cases.
Is there any reason that it is beneficial to the plaintiff to cite only a few cases in a complaint but cite a large number int he Opposition to MTD?
-Chris
Is there any reason that it is beneficial to the plaintiff to cite only a few cases in a complaint but cite a large number int he Opposition to MTD?
-Chris
Chrismartin76
Registered Users (C)
Also, does it matter if in one's complaint one cites a judge's order that pertained to a MTD rather than a complaint? I don't think it does, but I just wanted to check for other opinions.
-Chris
-Chris
Regarding cases to cite in I-485 mandamus cases, I've noticed that the typical complaint cites about five cases, where as the Opposition to MTD has a table of authorities with about 40 cases.
Is there any reason that it is beneficial to the plaintiff to cite only a few cases in a complaint but cite a large number int he Opposition to MTD?
-Chris
This is not unusual. In the complaint you include facts, relevant statutes and a few major samples from the case law (the latter is not really necessary). In the opposition to MTD you need to discuss issues and applicable laws (including the case law).
applejuice
Registered Users (C)
Waiting after Opposition to MTD
Could someone please help me in understanding how this process actually works. I filed a Mandamus via my attorney in April 2007. USCIS filed MTD on 7/10/2007. My attorney filed Opposition to MTD on 7/30/2007. And nothing has happened since then. My attorney tells me there is nothing we can do but just wait for the judge to decide and it could be even 6 months before the judge decides. Is this normal ? ?
Could someone please help me in understanding how this process actually works. I filed a Mandamus via my attorney in April 2007. USCIS filed MTD on 7/10/2007. My attorney filed Opposition to MTD on 7/30/2007. And nothing has happened since then. My attorney tells me there is nothing we can do but just wait for the judge to decide and it could be even 6 months before the judge decides. Is this normal ? ?
Could someone please help me in understanding how this process actually works. I filed a Mandamus via my attorney in April 2007. USCIS filed MTD on 7/10/2007. My attorney filed Opposition to MTD on 7/30/2007. And nothing has happened since then. My attorney tells me there is nothing we can do but just wait for the judge to decide and it could be even 6 months before the judge decides. Is this normal ? ?
No, it is not normal. There is no limitation on how long the judge may delay the ruling, but 6 months is probably too long. One way to force judge to rule is to file a writ of mandamus with the court of appeals (see Hall v. West (5th Cir. 1964)). But it's expensive, rarely granted and may not help you to get a favorable decision.
There is a number of other things you can do while waiting - initiate discovery and/or file a motion for summary judgment. The district court does not have to rule on MTD, but it does have to rule on MSJ.
Last edited by a moderator:
Emergency Motion was denied by Judge
You do not need to file a separate Wom as EAD is related to the delay with your AOS application. File an emergency motion first, if you can, today. Cite regulation and explain your situation. You do not need to do anything fancy. Ask judge to order the USCIS to issue you a temporary EAD as required by the regulations. That's it. You should get a response today as well. In any case, file the first amended complaint tomorrow and include your situation with the EAD into the complaint. You do not have any loss yet, so no need to mention it.
Lazycis and others, here is my most recent progress:
I filed an Emergency Motion with the District Court about my EAD card application. (Lazycis helped me revise my Motion. Thanks, Lazycis). I was told to wait. Then I waited for 10 minutes, the clerk came to me and told me my motion was denied. No reason was given.
Since the judge doesn't even grant a motion with clear Federal regulations, I am 100% sure he will grant the Defandents' MTD. I guess there is no use for me to file a opposition to MTD at all.
My company would not do that. The only thing I can do is to wait.
Zlcjf,
I was in a similar situation. Once in my life, I waited for my second O-1 approval for almost 4 month.
I could have been waited forewer if not Senatorial help.
While you wait- you cannot work for the-so-called W-2 income, but you can work without income.
This is fully legal.
If you do, you can submit receipts from all utilities, rent, gas for reimbursement by your company. Category of reimbursement - "normal business expenses".
You also can submit reimbursement for some petty cash expenses- like haircuts, napkins, water, small snack.
This is fully legal. My attorney called our HR and explained her the law.
For example, while I waited for 4 month in 2001, I was reimbursed by my company by "business expenses" receipts.
You must have a legible receipt for every expense
================
For curious:
[It turned out that in 2001, my case [whatever preceded name check] was held in DoS [for security clearance] on the shelf and the guy who supposed to release my case simply went on vacation (!!!-what a nice guy)- as I was told from Senator office.
Senator aide asked another DoS employee to get my case from the shelf, review it and and send decision to USCIS office. It was done in 1 day. My family and I were on the verge. DoS= Department of State]