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

Discussion in 'US Citizenship' started by Publicus, Oct 29, 2005.

  1. lazycis

    lazycis Registered Users (C)

    RE: Boston and MA, WOM -I 485

    I've seen several naturalization cases resolved in our favor in MA. Since my issue is different, I did not pay a lot of attention to details. I've seen several AOS cases dismissed because the USCIS adjudicated pending applications.
    I do not have an answer to your question regarding waiting time. Yong Tang (the only resolved AOS case) was waiting for about 4 years. To find an answer, one can go thru relevants complaints in pacer, which will be expensive.
  2. wom_ri

    wom_ri Registered Users (C)


    Can we initiate discovery request for I-485 WOMs or is it only for naturalization cases ? Does it help if we are planning for MSJ ?
  3. lazycis

    lazycis Registered Users (C)

    Discovery is part of the civil action, no matter what the cause is. Use the template I posted on page 464
  4. lazycis

    lazycis Registered Users (C)

    You can file a discovery request a few weeks after the complaint is filed. Send it to local AUSA assigned to your case.
  5. patricia_432

    patricia_432 Registered Users (C)

    Hi Lazycis,

    What file format for the complaint? Do I have to use the court file format, like two lines on left and right edges of the paper, with line numbers, double space between lines? Thanks.
  6. TLongTLong

    TLongTLong Registered Users (C)


    My Pro Se WOM for I-485 was dismissed by the District Court and I have filed an appeal by Pro Se to the Seventh Circuit Court. Please see my signature below. I wonder if somebody can kindly input some information about the procedure for the appeal. So far I just mailed a Notice of Appeal to the defendants. Something I read about the Docketing Statement or Clerck trascript ordering that I really have no idea. Can somebody clearify that? Thanks a lot!

    I-140EB1-A AD 04/05
    I-485 RD 10/04
    WOM Pro Se filed 12/06, Dismissed 09/07
    Notice of Appeal filed 10/07
  7. lazycis

    lazycis Registered Users (C)

    Hi Patricia,
    You do not have to use the court format, but it is preferable. If it is too difficult, use this format without line numbers: 1 inch margin on all sides, 8 x 11 inches, double-spaced.
  8. lazycis

    lazycis Registered Users (C)

    You have a great courage to appeal.

    Here are some initial steps:
    1. File notice of appeal with the district court clerk. Pay $450. File it asap even though you have 60 days to file it.
    2. Order transcripts of hearings (if any) - clerk will help you with that.
    3. The clerk will send your docket to the court of appeals
    4. You'll get a letter from the court of appeals that your case is docketed.
    5. Read local rules and follow them. Some courts (i.e. 4th Cir.) require you to file a corporate disclosure even if you are Pro Se.
    6. File opening Brief and Joint Appendix, you usually have 40 days after an appeal is docketed.
    7. Wait for AUSA to respond, they have 30 days to file appellees' brief
    8. FIle a reply brief. You have 14 days to do that.

    If you did not have any hearings, you do not need to order transcripts. Pro Se are not required to file a docketing statement or appearance form. So start working on your opening brief.
    I am going thru the appeal myself and I am at the last stages. You can use these documents as templates:

    Appellant's Opening brief

    Appellant's Reply brief

    Amicus brief filed in the 1st Circuit appeal by AILF

    Amicus brief filed in the 11th Circuit appeal by AILF

    You can also contact AILF and ask them to help you (they can file amicus brief and even help you with other issues on appeal).
    Last edited by a moderator: Jan 29, 2008
  9. OK-Boy

    OK-Boy Registered Users (C)

    Hi Mt-100,

    I sent couple of messages in your MP about 2 weeks ago but no reply. Are you OK?
  10. TLongTLong

    TLongTLong Registered Users (C)


    Thank you so much lazycis! I got it now. Here is another question: all the writings you recommended are exactly what I want to say in my brief. However, is there any copyright for them? If I copy those writings in my brief, which is very likely for a layman as I am, can there be somebody who comes up to claim a copyright for my brief?

    Thanks a lot!

    I-140EB1-A AD 04/05
    I-485 RD 10/04
    WOM Pro Se filed 12/06, Dismissed 09/07
    Notice of Appeal filed 10/07
  11. dragon66

    dragon66 Registered Users (C)

    Do I need to send same copy of discovery to court at the same time. I just called my AUSA. He said he will work on my case. I filed my complaint one month ago. Do you think it's a good timing to file discovery?

    Thank you
  12. 2bcitizen

    2bcitizen Registered Users (C)

    Oath after 2.5 months of filing suit against USCIS, FBI, et al

    Got many information from this board. Just want to contribute and share my information.

    1. N-400 filed on July 15, 2004
    2. Fingerprint was done on January 18, 2005
    3. Interviewed on July 28, 2005
    4. Slammed with "FBI name checking pending" BS on numerous inquiries and Infopass appointment.
    5. Filed lawsuit on August 1, 2007, pro se.
    6. Government lawyer filed Motion To Dismiss and Remand on September 17, 2007.
    8. Filed OPPOSITION within a week, pro se.
    9. Government attorney informed me that the FBI name check is cleared on August 24, 2007. (about three weeks after the suit filed)
    10. Took oath on October 18, 2007. (about two and half months after filing the suit).

    Lessons learned:

    1. FBI has all the information and can finish the name check within three weeks. However, without the lawsuit, they did nothing for two years.

    2. You have to be smart about the law and took action. Government lawyer filed the Motion To Dismiss my case knowing that they can not win the case. If I did not file the Opposition, nothing will be changed.

    3. Last but most importantly, if you have be interviewed and can not bear the wait, you can get your citizenship by filing a suit for $350 court fee (I filed in the district court in Virginia) and quit some work writing the Compliant and, possibly, the Opposition. But you will get your oath.

    It took me five full days to research and write the Opposition.

    Good luck!
    Last edited by a moderator: Oct 22, 2007
  13. lenaf

    lenaf Registered Users (C)

    news on my case

    Today I received a phone call and an email from USA regarding signing up the stipulation to dismiss, since CIS agreed to adjudicate my case in 30 days after dismissal.
    Now, I know I have to be very careful here, they still can screw me.
    Here's the text of stipulation ,which looks good to me and I'm willing to sign it, unless members here have warnings/objections:

    Stipulation to Dismiss
    C07-4585 PJH 1
    Plaintiff, appearing pro se, and Defendants, by and through their attorneys of record, hereby
    stipulate, subject to the approval of the Court, to dismissal of the above-entitled action without
    prejudice in light of the fact that the United States Citizenship and Immigration Services is now
    prepared to adjudicate Plaintiff’s application for naturalization and agrees to do so within 30 days
    of the dismissal of this action.
    Each of the parties shall bear their own costs and fees.

    thanks a lot.
  14. lenaf

    lenaf Registered Users (C)


    Congratulations and thanks for sharing your experience here !
  15. lazycis

    lazycis Registered Users (C)

    I'd give you permission to use my briefs if you pay me a small royalty fee :) Just kidding, feel free to use my briefs, I did not copyright them. Anyway, I was not the only author as folks from this forum helped me with proofreading and ideas. You may need to do a little bit of research and find similar decisions in your circuit to make it stronger for your case. Check you court of appeals website, they should have a search page for that purpose.

    You can use amicus brief as well, but you may need to specify that it was your source.
  16. lenaf

    lenaf Registered Users (C)

    hope you don't mind me answering: the format is described in details in the local rules, you can easily find it online. here's what my local rules say (N. CA):

    (1) The name, address, telephone number, facsimile (“fax”) telephone number, e-mail address and state bar number of counsel (or, if pro se, the name, address, telephone number, fax telephone number and e-mail address of the party) presenting the paper for filing. This information must appear in the upper left hand corner and must indicate the party represented by name as well as that party’s status in the litigation (i.e., plaintiff, defendant, etc.). In multiparty actions or proceedings, reference may be made to the signature page for the complete list of parties represented;

    (c) General Requirements.

    (1) Paper. Except for reporter transcripts, all papers presented for filing must be on top-centered, two-hole punched, 8-1/2 inch by 11 inch white opaque paper of original or recycled bond quality with numbered lines, and must be flat, unfolded (except where necessary for the presentation of exhibits), without back or cover, and firmly bound at the top.

    (2) Written Text. Text must appear on one side only and must be double-spaced with no more than 28 lines per page, except for the identification of counsel, title of the case, footnotes and quotations. Typewritten text may be no less than standard pica or 12-point type in the Courier font or equivalent, spaced 10 characters per horizontal inch. Printed text, produced on a word processor or other computer, may be proportionally spaced, provided the type may not be smaller than 12-point standard font (e.g., Times New Roman). The text of footnotes and quotations must also conform to these font requirements.

    (3) Identification of Paper. Except for exhibits, each paper filed with the Court must bear a footer on the lower margin of each page stating the title of the paper (e.g., “Complaint,” “Defendant’s Motion for Summary Judgment,” etc.) or some clear and concise abbreviation. Once the Court assigns a case number to the action that case number must be included in the footer.

    and the link: http://www.cand.uscourts.gov/cand/L...b2106e6db882569b4005a23f1?OpenDocument#TOC2_7
  17. lazycis

    lazycis Registered Users (C)

    You can file a copy with the court, if you want to. Do not forget a certificate of service in that case. I think it is a good timing.
  18. lenaf

    lenaf Registered Users (C)

    LazyCIS, what do you think about my dismissal stipulation ?
    thank you.
  19. TLongTLong

    TLongTLong Registered Users (C)

    Thank you lazicis, lenaf and all the other friends in this forum. It is really heartwarming after being tortured by those bad guys for years. I will update my progress for my appeal and hopefully it can be of some help for other people who will follow on the same path.


    I-140EB1-A AD 04/05
    I-485 RD 10/04
    WOM Pro Se filed 12/06, Dismissed 09/07
    Notice of Appeal filed 10/07
  20. lazycis

    lazycis Registered Users (C)

    First of all, congratulations! It seems that the real action works much better than a letter of intent :)
    Not that it's very important, but instead of dismissal ask for remand of the matter to the USCIS.

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