*** In Our Litigation, Court Finds Govts' Language Inappropriate ***

Rajiv S. Khanna

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
The Govt. and we had filed a supplementary brief in support of the class action. See the briefs - here:

http://boards.immigrationportal.com/showthread.php?t=146223

Then the govt. filed a rather strongly worded reply, to which we also replied. Those replies are in Post #63 here:

http://boards.immigrationportal.com/showthread.php?t=146223&page=5&pp=15




the Court found the Govt's language inappropriate and took it out "sua sponte" (means - upon its own intiative).

The govt. lawyers apparently misunderstood what we were doing and responded too strongly. This is not a victory. Just an interesting news. We are still waiting for the court to rule on our class action motion.

See the court order - below:
 
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Oh one more thing

The court moved very quickly (24 hours). Let us hope the class action gets decided soon. Your good wishes and prayers are needed.
 
Mr. Khanna,
I don't know what the court ruling would be,but it's we who won the case by putting the USCIS process irregularities into spot light.You did a wonderful job .I am very positive that the judge would see the suffering caused by the delays and rule accordingly.

Thanks for letting our voice heard.
 
unitednations said:
Rajiv, even if we lose class action certification, is there any way to release the depositions to the media?

First of all many Thanks to Rajiv for all his time and efforts. I think it will get a lot of political attention especially when both candidates seem to be tied in the election polls.

It would be interesting for uscis to give replies in the media that it takes so long because of security issues when they say it takes minutes/days to do the checking.
Click to expand...

They sure will have some uncomfertable situation.
 
The government's reply was too arrogant and the court gave a befitting reply... Good job Rajiv for being calm and composed and answering terse on your reply to the court.
 
Sure

unitednations said:
Rajiv, even if we lose class action certification, is there any way to release the depositions to the media?

It would be interesting for uscis to give replies in the media that it takes so long because of security issues when they say it takes minutes/days to do the checking.
Click to expand...

The depositions are already in public domain as far as I am concerned. Paul Pierre's is online. Ohata depo contains nothing, but we can put that on in the next 2-3 weeks.
 
CIS expressed their arrongance even in front of court. This clearly explains the court how CIS treats the immigrants. I wish that court teaches a very good lesson for CIS and help the immigration reform process.

May GOD bless all the immigrants.

Thanks, Rajiv for all your efforts.
 
Good news, Rajiv !!!

Appreciate all the work you are doing for us. I really wish that we win this case. I am eagerly waiting to hear favorable court ruling :)

Thanks again !!!
 
I have not followed this very closely.

Would you let me know if we win, what will be changed? (I am waiting for my I140 and I485 for almost a year)

Thanks
 
Class-action granted for green card delays

Class-action granted for green card delays

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Class-action granted for green card delays
Thousands eligible to join challenge on U.S. foot-dragging
- Bob Egelko, Chronicle Staff Writer
Thursday, October 14, 2004


A federal judge in San Francisco has granted nationwide class-action status to a lawsuit accusing immigration officials of stalling paperwork for legal U.S. residents, causing delays that can keep them out of the workforce and prevent them from traveling abroad.

U.S. District Judge Marilyn Hall Patel's order, issued Tuesday, allows the suit to proceed on behalf of thousands of immigrants as a challenge to the government's practice, said Michelle Rhyu, a lawyer for the plaintiffs.

The suit, filed in July, accuses a branch of the Department of Homeland Security of systematically holding up the processing of green cards after legal residence is granted. The documents make immigrants eligible to hold jobs, obtain driver's licenses and Social Security cards, and re-enter the United States if they leave.

Green cards formerly were issued in a few months but now take much longer, sometimes a year or more, the suit alleges. Patel said the government had cited the need to conduct background checks on each immigrant.

The suit seeks a court order requiring officials to issue evidence of legal residence "in a timely manner.'' Rhyu said the plaintiffs also want the judge to require immediate issuance of a temporary document while the permanent one is being processed.

Since the lawsuit was filed, seven of the 10 named plaintiffs were given green cards -- after waits of 10 to 20 months -- and the other three were given dates for the start of final processing of their documents.

The government argued that those developments made the case moot, or at least inappropriate for class-action status, but Patel disagreed. She noted that the remaining three applications are still pending, that six additional plaintiffs are seeking to join the suit and that the practices challenged in the lawsuit remain in effect.
 
gcsuffer said:
I have not followed this very closely.

Would you let me know if we win, what will be changed? (I am waiting for my I140 and I485 for almost a year)

Thanks
Click to expand...

There are folks waiting for the same I-140 and I-485 for 2 years or more. I'm one among 'em. Its not just you. lets hope for good... whatever may be the outcome from Mr.Khanna efforts.
 
Thanks Rajiv

Thanks Rajiv from bottom of our heart. Hope result is in our favour...
Thanks once again...Keep it up.
Ulhas
 
coolmoon said:
Class-action granted for green card delays

--------------------------------------------------------------------------------

Class-action granted for green card delays
Thousands eligible to join challenge on U.S. foot-dragging
- Bob Egelko, Chronicle Staff Writer
Thursday, October 14, 2004


A federal judge in San Francisco has granted nationwide class-action status to a lawsuit accusing immigration officials of stalling paperwork for legal U.S. residents, causing delays that can keep them out of the workforce and prevent them from traveling abroad.

U.S. District Judge Marilyn Hall Patel's order, issued Tuesday, allows the suit to proceed on behalf of thousands of immigrants as a challenge to the government's practice, said Michelle Rhyu, a lawyer for the plaintiffs.

The suit, filed in July, accuses a branch of the Department of Homeland Security of systematically holding up the processing of green cards after legal residence is granted. The documents make immigrants eligible to hold jobs, obtain driver's licenses and Social Security cards, and re-enter the United States if they leave.

Green cards formerly were issued in a few months but now take much longer, sometimes a year or more, the suit alleges. Patel said the government had cited the need to conduct background checks on each immigrant.

The suit seeks a court order requiring officials to issue evidence of legal residence "in a timely manner.'' Rhyu said the plaintiffs also want the judge to require immediate issuance of a temporary document while the permanent one is being processed.

Since the lawsuit was filed, seven of the 10 named plaintiffs were given green cards -- after waits of 10 to 20 months -- and the other three were given dates for the start of final processing of their documents.

The government argued that those developments made the case moot, or at least inappropriate for class-action status, but Patel disagreed. She noted that the remaining three applications are still pending, that six additional plaintiffs are seeking to join the suit and that the practices challenged in the lawsuit remain in effect.
Click to expand...


Is this something that we can leverage and put infront of our judge for favorable hearing. I found the attached class order cert based on the posting above. The legal aspects of our case and the one above are different as can be read and inferred from the attachment. Just thought, it might be helpfull.
 
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There's someone planning to do a Hunger strike in front of VSC, I know it's not funny and I personally don't approve of it, but such is the level of frustration among the legally filed immigrants, maybe we should mention this in the court hearings.

Why is the current administration favouring the illegal immigrants over us legal ones?

http://immigrationportal.com/showthread.php?t=147618
 
Yes

srireddy said:
Is this something that we can leverage and put infront of our judge for favorable hearing. I found the attached class order cert based on the posting above. The legal aspects of our case and the one above are different as can be read and inferred from the attachment. Just thought, it might be helpfull.
Click to expand...

We had used it for the legal principles. Thanks.
 
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