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

[musicbox2000]

Summons and Return of Service

Hi,

This might sound stupid but I just want to make sure I am doing it right.

I just filed a Writ of Mandamus this morning at Northern District of California. The clerk asked me to staple Summons and Return of Service together for each defendent and she stamped them. I know I need to send summons out to each defendent. But do I need to fill out the second page "Return of Service" before I send the summons out? Apparently Return of Serivce is part of summons.

I thought I will fill out Return of Service and send to court and districut attorney after I received service receipt from USPS.

Could somebody confirm that I can put myself as Name of Server?

I am planning to send out summons tomorrow. Any response would be greatly appreciated.

Many thanks!!!

 

[cajack]

Yes, I contacted ACLU north california yesterday. The lady to whome I talked mentioned that there were a lot of compliant about the delay of the GC cases and naturalization cases recently. She took my information and told me that I should expect a phone call from the organization probably early next week. I think people should try to contact them. Here is the link the the website of the ACLU in North California.

Good luck to everyone on their case


http://www.aclunc.org/

Jack

Hello everyone
ACLU is probably the oldest and largest civil liberties agency in the US. They recently filed a law suit against the USCIS because of naturalization delays (name check) in LA Cali on behalf of 10 immigrants mostly middle eastern. I contacted the local office here in North Carolina and they told me they are looking into doing the same if they can get a few people. I suspect this could become a nationwide (class action) suit if everyone contact the ACLU. I suggest you all contact them and see what you get.
On other note I finally found a lawyer in North Carolina who has filed Writ of Mandamus against USCIS (actually 6 WoM and all won none went to court). It will cost me 3500$ which I am willing to cough up if it will end the pain and humiliation of dealing with USCIS. I will keep you posted

 

[opthb]

summons

ernorman,

when I picked up my summons, the clerk gave me five original summons. Along with them, five sheets titled "Notice of right to consent to exercise of jurisdiction by a united states magistrate judge". The clerk told me that I was supposed to serve these five sets of documents to the four defendants and the attorney general. I guess that's okay since I planned to send him a copy anyway.

Do I need to put any information on the summons? I checked and they do have the case number on it.

Thanks.

Any lawsuit for immigration matter must be copied to Office of General Counsel of DHS. And, you must send a copy to U.S. attorney in your district since he/she will be the defense attorney in your case.

 

[opthb]

summons

iceriver,

Have you figured out the question about how to use the five summons? I have a similar situation here. But the clerk filled in the case number/plaintiff/defendents in five summon forms and gave them to me. She also told me that the five sets of summons are for the four defendants plus the attorney general.

About the us attorney, the clerk of my court told me they would send a copy of the law suit to him/her. But I am not taking any chance, I send a copy to the US attorney's office anyway.

Hello there,

First of all, thank those guys who provides such valuable information on this thread. I've already filed a complaint at my district court, but the clerk is not helping much on the procedure, so I have to go to this thread for help.

The clerk gives me 5 summon forms and asked me to fill out and serve the defendants. I have 4 defendants and I suppose there is one for the local U.S. attorney? Here comes the question:

1. After I fill in the form, should I bring it back to the court and ask the clerk to write the case # and sign the summon form?
2. After that, should I make copies of the summon form or should I just send the original summon form? If so, how should I prove to court or file to court that I did serve the summons to the right people?
3. How should I fill in the return of service form? What is that for?
4. If I serve by USPS certified mail, what should I bring back to the court room and file to the clerk?
5. I haven't been assigned a local U.S. attorney yet, so whom should I serve to regarding the U.S. attorney summon? Or is it the responsibility of the court t assign a local US attorney to my case?

Thanks a lot!
Iceriver

 

[Balto]

gzmbk1 and Ralphy, congratz!!!!!

Hello all

Today I went for my 2nd interview.
The interview went pretty smooth. He went over my application again and asked me some questions in regards to the last 2 years, as far as how many times did I travel outside of the US, have I committed any crime, etc...
He then scheduled me for the oath at 11:00am today.

Now I'm a US citizen...

I like to thank everyone in this thread. If it wasn't for this forum, I'd still be waiting for my citizenship. One more case completed for Baltimore, MD.

Now the journey begins for my wife. I can now apply for her GC.

Thanks again to everyone and for those who are still waiting, do not lose hope.

Regards

I am so happy to see the two of you from Maryland finally won your citizenship. Congratulations!!

gzmbk1, remember how you felt about your 2nd interview? All that worry for nothing And I think that since Ralphy moved his interview from 11 to 9, that's how you can get it done at 11 today and you need to pay him

I am working on my wife's GC as well, so keep in touch and let's hope everything goes well.

Best wishes for all.

Balto
P.S. The Monday after my oath, I received an answer to my suit from AUSA saying that my suit has no merit due to the Danilov precedent, I was really hoping that they, unlike CIS, at least have some decency, admit that there is something their client did not do right, oh well, what the hell!

 

[phoenixui]

adresses to serve

Finally, I filed 485 WOM today.
Defendants:

USCIS director Gonzales,
USCIS Nebraska director Christian,
FBI boss Muller.

I will send out summons to the following adresses
(what have I missed? the adresses are correct?):

Emilio T. Gonzalez (USCIS)
Office of the General Counsel
US Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528


Gregory W. Christian (USCIS/NSC)
Office of the General Counsel
US Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528

Robert S. Muller
Office of the General Counsel
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Avenue, NW
Washington, D.C. 20535-0001

James A. McDevitt , United States Attorney
United States Attorney's Office
920 W. Riverside Ave , Suite 340
Spokane, Washington 99201

Do I need send one to the Attorney General?

 

[query11.]

people,
i need some help here...i have a friend,he really is not aware of 1447 and stuff and he is in a bad financial situation too,so i want to help him out.the only time could find is today,so i need your help please as i am really busy tomorrow and i wont be able spend much time here...
please guide me...

a little history about his case...
he is basically from Pakistan.

he applied in sometime in 04
had his fp in 04
had his interview in 04(outcome,it states cannot make a decision as of now)
for some reason he held on for 2 yrs..
he took a infopass last week and they gave him a appointment for fp.
he had his fp taken second time lst week...


now my questions,can we sue the uscis as of this moment....

what is the process,please provide me with links to documents...

sincerely appreciate ur help...

 

[Mette]

There are plenty of cases you can use as references, that the Court ordered to put the Petitioner (that is you) in the same footing as if the your rights had not been violated.

I will post some cases when I get home, but.... as far as I can remember:

A derivative asylee's I-485 was retroactively approved in the same date as his father's approval.
Several DV I-485 cases were approved as if the fiscal year had not been ended, i.e., the visa were still available.

Fifth amendment of U.S., gurarantees the equal protection of every resident.

As 03-CV-4677:

I’m very troubled by the idea that Congress clearly has intended that an unfairness in our immigration history be corrected and that visas be issued and that the program not be stymied by delays in completing the processing and in each of these cases I have a situation where the Plaintiffs has fulfilled all of the obligations that a Plaintiff must fulfill or applicant must fulfill, that agencies have acknowledged that, everything has been done including the fingerprint check and the only thing that remains is the name check process. As I’ve said, the details, which only the Defendants are privy to as to these two individuals which might support a basis for saying that they legitimately need more time that would justify them not completing the process by September 30th which is the deadline, they just haven’t provided that.

So, in light of all that, I am going to issue an order, I’m satisfied that having reviewed all of these cases submitted by the government and the Plaintiffs that the more persuasive position with regard to mandamus jurisdiction in this circumstance is the position taken that was taken by Judge Edelman in the Paunescu case, which is 76 F. Supp. 2d 896, and I believe that it’s Section 1255 and INA 1153(c) taken together which provides mandamus jurisdiction to direct that this ministerial act of adjudicating the Plaintiffs applications for adjustment of status based upon the Diversity Visa program be effectuated.

It is so ordered.

Ernorman, thank you again and please post more cases if you can! This is a very important piece of information for many of us on AOS here.

 

[ernorman]

ernorman,

when I picked up my summons, the clerk gave me five original summons. Along with them, five sheets titled "Notice of right to consent to exercise of jurisdiction by a united states magistrate judge". The clerk told me that I was supposed to serve these five sets of documents to the four defendants and the attorney general. I guess that's okay since I planned to send him a copy anyway.

Do I need to put any information on the summons? I checked and they do have the case number on it.

Thanks.

I think you need to put the address per summon, if it is not there. I remember put their addresses by writing.

That should be it. Summons (complete) + complaint + exhibits = mail to all defendants + DHS general counsel and AUSA.

 

[ernorman]

Ernorman,
you said before that you have prepaired a 20 page response anticipating a motion to dissmis, luckly for you, you did not have to use it. can you please post your response here so it will be a resource for anyone who may need to use it. Thanks

It will take me sometime to delete my personal info in the doc. What you can do is to take the jurisdiction arguement (see below), which I think is a very good blueprint and personalize it, adding more stuff as you are doing the research. I will post mine write-up next week.

This pdf covers 1) the courts has subject matter jurisdiction, 2) you do have a valid claim.

I wrote up 3) "national security" claim is irrelevant and illogical 4) the case should not be remanded back to USCIS.

I can't think of any more argument they might raise. If so, let me know.

 

[lotechguy]

Anybody with any ideas to explain why my complaint has not been aswered to yet. I filed 9 weeks ago 1447B. So far I found out from PACER no A USA have been asigned to my case and answer has not been filed, no motions have been made. My attorney stated the A USA office has not returned his phone calls. My hearing is coming up next six weeks. Is it in my favour the goverment has failed me again?
There is nothing not even a blemish in my past to justify Name Check last two years. I have to admit I am loosing my hope even with assistance from experianced lawyer I did not move forward an inch.
Ernorman your postings insipre me. People who have posted so much information, offer help, and support they show. Those values and qualities shown by all of you is what makes this country great.

Just curious, did you get a FOIPA ?

 

[Crusher]

Does FBI have a mandatoru duty owed to WOM petitioners?

Hi Gurus:

I am in the process of finalizing a WOM, and I noticed most of the filing drafts posted here have listed FBI director as a defendant. My question is that how we can describe a duty that FBI owes to an immigration/naturalization applicant?

Obviously, CIS has a clear duty to adjudicate applications (there are several U.S.C. and C.F.R. s that clarify that duty) and based on the fact that they charge a filing fee, they are obligated to act on an application. But how can we justify FBI director in a lawsuit as having anything to do with an immigration applicant? Is there any law that clearly establish such duty owed to the applicant? I have not seen even one single reference in 'Parties' section of the lawsuit drafts posted here.

Thanks,
- Crusher

 

[ernorman]

Hi Gurus:

I am in the process of finalizing a WOM, and I noticed most of the filing drafts posted here have listed FBI director as a defendant. My question is that how we can describe a duty that FBI owes to an immigration/naturalization applicant?

Obviously, CIS has a clear duty to adjudicate applications (there are several U.S.C. and C.F.R. s that clarify that duty) and based on the fact that they charge a filing fee, they are obligated to act on an application. But how can we justify FBI director in a lawsuit as having anything to do with an immigration applicant? Is there any law that clearly establish such duty owed to the applicant? I have not seen even one single reference in 'Parties' section of the lawsuit drafts posted here.

Thanks,
- Crusher

You have to mention somewhere in your complaint the USCIS "fact sheet", it is on their website. I attached it here.

There are two checks: FBI fingerprint check and FBI name check.

 

[Crusher]

The CIS can post whatever so-called 'factsheet' on its Website. However, the main point here that leaves us with a WOM option is that these so called facts are not supported (warranted) by law. The INA clearly mentions the fingerprint checks, but there is NO mention of 'name checks' or a bunch of third parties or agencies doing the background checks for CIS. CIS is the responsible party and it does not matter who else they hire to do a not-legislated job for them.

I guess my point is that CIS is the party that we can bring an action against. If they assign a part of their adjudication process to other agencies (such as FBI), that does not justify a claim that those agencies owe a duty to an immigration applicant. I am just trying to make sure that I do not provide any reason for a sympathetic (to CIS) judge to dismess the case prematurely.

You have to mention somewhere in your complaint the USCIS "fact sheet", it is on their website. I attached it here.

There are two checks: FBI fingerprint check and FBI name check.

 

[Mr LA]

The CIS can post whatever so-called 'factsheet' on its Website. However, the main point here that leaves us with a WOM option is that these so called facts are not supported (warranted) by law. The INA clearly mentions the fingerprint checks, but there is NO mention of 'name checks' or a bunch of third parties or agencies doing the background checks for CIS. CIS is the responsible party and it does not matter who else they hire to do a not-legislated job for them.

I guess my point is that CIS is the party that we can bring an action against. If they assign a part of their adjudication process to other agencies (such as FBI), that does not justify a claim that those agencies owe a duty to an immigration applicant. I am just trying to make sure that I do not provide any reason for a sympathetic (to CIS) judge to dismess the case prematurely.

Hello Crusher, and All

I totally agree with you %100 ...

 

[Mr LA]

Second time, advice please

Hello all,

I am looking for an expert’s advice, I have filed my lawsuit on May 22, 2006, the 60 days have ended on July 21, 2006, and before the 60 days ended the U.S Attorney asked me for extension, so I gave him 30 days. Last Thursday, I did called him “U.S Attorney” for an updates, he told me that he is going for vacation for 2 weeks and when he comes back like in mid Aug he may file for answer or he may ask for another 30 or 60 days.

What should I do?

I truly appreciate your help

 

[Mr LA]

Second time, advice please

Hello all,

I am looking for an expert’s advice, I have filed my lawsuit on May 22, 2006, the 60 days have ended on July 21, 2006, and before the 60 days ended the U.S Attorney asked me for extension, so I gave him 30 days. Last Thursday, I did called him “U.S Attorney” for an updates, he told me that he is going for vacation for 2 weeks and when he comes back like in mid Aug he may file for answer or he may ask for another 30 or 60 days.

What should I do?

I truly appreciate your help

 

[aka808]

Do not waste your time waiting for another extension. The first extension you granted was sufficient in the eyes of the court. IF another extension is requested by the U.S A you should file for a motion in the court to move on the plantiff's behalf. IF another extension is granted by the court in the favor of the defendant then make sure your request a dead-line not to exceed.!

 

[dks35]

Hello all,

I am looking for an expert’s advice, I have filed my lawsuit on May 22, 2006, the 60 days have ended on July 21, 2006, and before the 60 days ended the U.S Attorney asked me for extension, so I gave him 30 days. Last Thursday, I did called him “U.S Attorney” for an updates, he told me that he is going for vacation for 2 weeks and when he comes back like in mid Aug he may file for answer or he may ask for another 30 or 60 days.

What should I do?

I truly appreciate your help

Mr. LA,

Do you know any specifics - like they are expediting name check at US-Attny's request at CIS/FBI? Have they re-submitted it to FBI? Do you think you can get info by going to INFOPASS appointment? Such a response from US_A does not mean anything - people do take vacations in August (especially government employees). Have you checked a record of this Judge (DDP) on PACER regarding his stance on extensions/motions, the way he ruled on this and related issues. This can help you to make a decision on extension. I am sorry this is happening to you, I still hope we can take an oath together at the end of August. there's still time!!! So, do not get frustrated and upset.

 

[TheRock20148]

Good idea?

Well, i did filed 1447(b) on July 11th. My question is its better to contact US district attorney to fin out whats going on rather then wait because i don't want or see any reason to wait and find out they r asking for extention.
I am planning to call District attorney on Monday to introduce myself and see what the hell is going on or what progress have made so far.