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

aryin

You sould go ahead with MSJ using AGC4ME's as template. He put together a very good one, fill in your own case facts, and add more new favorable cases if you find them. Lazycis has a lot knowledge and he's fighting ahead of us, learn from him too. We all here to help each other if we can. I'm preparing my MSJ too.


aryin said:
Thank you very much! Could you give me some advise?
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greenpea said:
i was not saying they would deport me because i were to lose the case..but after i lost the case, they would be able to adjudicate my i-485, including option/authority of deporting me...right? at least now I am safe, since this federal case is still pending...........is my understanding correct? hmmm. :(
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Even if you win your lawsuit, USCIS can deny your I-485 and you'll be no better off. Why do you think they'll deny your I-485 without valid reason ?
 
You should have seen me when I received all the documents from FBI and learnt that FBI had a hit on me. I almost thought it meant that no GC at all. But that's not the case. Unless you are criminal with arrest record for felony crimes etc you don't have to worry about it.
 
OK-Boy said:
Thanks a million MT-100. One question real quick; in your case did you file the appeal against MTD and if yes then may I get a copy of that. When I plan to file my WOM then I have to start working on it too because the first thing AUSA will do is to file MTD and I have to reply it. Please advice. Thanks again.
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No. My case never went to MTD. AUSA had told me he was going to file one but then he never did as my name check got cleared. We did have a hearing on September 17, and AUSA told the judge that my name check has been completed and he is working with USCIS to get an interview date for me as soon as he can, and that this case will be moot.
But I had done some preparation on writing opposition to the expected MTD. I had found out a case where the AUSA and the judge for that case were the same. The judge had denied AUSA's MTD. It was an AOS case, but I expected AUSA would file the same MTD against me (search and replace the Plaintiff's name:) The Plaintiff's attorney was from Law Offices of Shusterman, and had a pretty good opposition to MTD. Since central district of CA does not store all files electronically, I had to go to the court and get that thick 1000 page file, and got relevant pages photocopied. I will scan them sometime and post them here.
 
mt100 said:
No. My case never went to MTD. AUSA had told me he was going to file one but then he never did as my name check got cleared. We did have a hearing on September 17, and AUSA told the judge that my name check has been completed and he is working with USCIS to get an interview date for me as soon as he can, and that this case will be moot.
But I had done some preparation on writing opposition to the expected MTD. I had found out a case where the AUSA and the judge for that case were the same. The judge had denied AUSA's MTD. It was an AOS case, but I expected AUSA would file the same MTD against me (search and replace the Plaintiff's name:) The Plaintiff's attorney was from Law Offices of Shusterman, and had a pretty good opposition to MTD. Since central district of CA does not store all files electronically, I had to go to the court and get that thick 1000 page file, and got relevant pages photocopied. I will scan them sometime and post them here.
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Mt-100,

Thanks so much for the prompt update and I do look forward to get that info from you soon. Also, congratulation for getting name cleared and stay in touch with the forum even if you Naturalize cuz we need to help others and show CIS about our strength. Take care...
 
Bou said:
You sould go ahead with MSJ using AGC4ME's as template. He put together a very good one, fill in your own case facts, and add more new favorable cases if you find them. Lazycis has a lot knowledge and he's fighting ahead of us, learn from him too. We all here to help each other if we can. I'm preparing my MSJ too.
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Thanks Bou. I have a conference next month. Should I file the MSJ before conferrence or after conference? Could you tell me which court you file WOM?
 
greenpea said:
I actually thought about this too, and I agree with you that they can deny my i-485 no matter i win or lose.........i just have been having this bad feeling about my case.......after thinking over it again and again, after all these years of trouble and struggling and personal transformation, i don't think i will mind being deported eventually, since at this moment I don't see a bright future in the U.S. for me, but I don't want to be caught off guard......I don't like bad surprise...
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greenpea,

Even if I-485 is denied, nobody will deport you right away. You have 6 months to leave US voluntarily without any drawbacks. So just relax and enjoy your life.
 
aryin

Lazycis answered your first question. I filed in boston district.

aryin said:
Thanks Bou. I have a conference next month. Should I file the MSJ before conferrence or after conference? Could you tell me which court you file WOM?
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help

Hi All,

First, thanks to you all for putting the valuable information in this thread.

Now, here come the questions i need your help with. I filed my 1447(b) lawsuit for the citizenship about 3 weeks ago with the central district court of CA.

1. in my complaint, i put Gonzales, the attorney general, as a defendant. now since he left his office, shall i subsitute with the new attorney general's name and file an amendment?
2. it seems like the next step the US attorney would do is to file a MTD, when that happens, i should come up with an Opposition to MTD. Then shall i file a MSJ? and when would be the time to file MSJ?

Thanks so much.

phuzzypeach
 
Hey phuzzypeach,

1. Do not worry about it, it will be substituted automatically.
2. If AUSA files MTD, which is extremely rare in 1447b cases, just file MSJ to save time. You do not have to oppose MTD.
 
Thank you, lazycis, for your fast reply.

What's typical for the 1447b case after filing the lawsuit?


lazycis said:
Hey phuzzypeach,

1. Do not worry about it, it will be substituted automatically.
2. If AUSA files MTD, which is extremely rare in 1447b cases, just file MSJ to save time. You do not have to oppose MTD.
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update

Today USA returned my call !! it was very nice of her to call me back, I honestly didn't expcet it at all.
There was nothing she told me, though. She said that they have 2 months to respond, she didn't get to my case yet, since she has plenty of others to deal with first. So I should sit tight and wait till deadline. She sounded very friendly and human :)

1447(b) filed in N. CA on sept 5
served - sep 7
deadline - nov 7
 
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