EDVA is a tough district for AOS WOM. There is a famous victorious case, though, Aslam v. Mukasey
http://www.bibdaily.com/pdfs/Aslam 1-25-08a.pdf
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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EDVA is a tough district for AOS WOM. There is a famous victorious case, though, Aslam v. Mukasey
http://www.bibdaily.com/pdfs/Aslam 1-25-08a.pdf
wom_ri got GC in a few days after filing TRO
Apparently in MA, you don't have to deliver the certificate of service to AUSA after you have already served him Summons and Complaint. I checked with Pro Se clerk. I have written a document titled "Certificate of Service" (call it jefkorn's COS) which essentially says that I served the complaint+exhibits+motion to efile on AUSA,USCIS, DHS and AG. Attached to it are scanned copies of certified mail receipts, and screen shots of online delivery confirmation. I'm going to file the original summons (front page) + back page of Summons filled up (it's also titled "Certificate of Service") for each Defendants and AUSA along with my jefkorn's COS. I hope I haven't made it appear more difficult than it is.
You are right that after filing the "Certificate of Service" with court, anything filed with court should be served on AUSA unless filing electronically using ECF in which case electronic notification is sufficient.
You are right that after filing the "Certificate of Service" with court, anything filed with court should be served on AUSA unless filing electronically using ECF in which case electronic notification is sufficient.
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yourfirstname
Registered Users (C)
What type of pages are billed on the pacer?
It looks like its not just the view of a document, every web page results we see in the browser is billed. Is that correct?
After pulling a complaint of 28 pages, I was surpised to look at the billing history. It listed every page i pulled including results of queries. Is that how pacer works or do i have wrong typeof account?
Thanks
It looks like its not just the view of a document, every web page results we see in the browser is billed. Is that correct?
After pulling a complaint of 28 pages, I was surpised to look at the billing history. It listed every page i pulled including results of queries. Is that how pacer works or do i have wrong typeof account?
Thanks
Yeah, you've got to be careful with searches in PACER. It's better to do searches on dockets.justia.com, which provides a direct link to the case of interest. Use "Reports-Written opinons" search in PACER, which is free and downloading opinon is also free so I like it a lot
If you spend money to download something, post it on the forum so that others can save money.Some times you can't avoid using PACER because you may have to search for all cases handled by a given attorney to research what kind of arguments he/she is using in their MTD etc.
Also it can be helpful in researching the track record of an AUSA to see if s/he fights cases assigned to her or works with agency to resolve the underlying issue. Most of the time AUSA use same opp. argument for multiple cases. You may be able to prepare your response to MTD in advance. Justia is very useful to get a sense of what a given case is about, Natz or AOS WOM. It doesn't allow you to search by Attorney who is representing the Plaintiff or Defendants.
The cases in PACER don't always produce all matches whrn searching by nature of the suit so searching by chertoff as the party you may come across lots of Natz cases(1447(b)) when you want to look only for Mandamus suits. In MA, the court has a public room where you can use PACER all you want to run searched and view documents. The catch: you can't save or email copy of documents. You can get a paper printout paying $0.10 per page. There's http://pacer.resource.org/recycling.html for those who want to "deposit" their case files downloaded from PACER.
PACER cases files uploaded by volunteers are available for free at http://bulk.resource.org/courts.gov/pacer/ It doesn't have up to the minutes cases or a comprehensive list but not bad for free.
Also it can be helpful in researching the track record of an AUSA to see if s/he fights cases assigned to her or works with agency to resolve the underlying issue. Most of the time AUSA use same opp. argument for multiple cases. You may be able to prepare your response to MTD in advance. Justia is very useful to get a sense of what a given case is about, Natz or AOS WOM. It doesn't allow you to search by Attorney who is representing the Plaintiff or Defendants.
The cases in PACER don't always produce all matches whrn searching by nature of the suit so searching by chertoff as the party you may come across lots of Natz cases(1447(b)) when you want to look only for Mandamus suits. In MA, the court has a public room where you can use PACER all you want to run searched and view documents. The catch: you can't save or email copy of documents. You can get a paper printout paying $0.10 per page. There's http://pacer.resource.org/recycling.html for those who want to "deposit" their case files downloaded from PACER.
PACER cases files uploaded by volunteers are available for free at http://bulk.resource.org/courts.gov/pacer/ It doesn't have up to the minutes cases or a comprehensive list but not bad for free.
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I am not quite sure how this works. But I am afraid AUSA has to file the first response(via ECF) so their contact information will be on file before they can receive electronic notification for any files you submit via ECF.
When I filed my certificate of service document with Court, pro se clerk told me that Court will electronically notify AUSA about it. AUSA has already filed Notice of Appearance electronically before I filed the pooof of notice and is setup to electronically file so her email address is in ECF already.
Your view on AUSA request of extension?
What's your view regarding in AUSA asking for extension? Should one agree to first extension request or demand explanation of why the extension is needed. Because sometimes AUSAs are just buying time just because they think they can get away with it. See here and here for a hard line stance on AUSA extension and some good reasons for doing so.
I'm debating how should I handle if AUSA in my case asks for an extension and doesn't give a plausible reason?
What's your view regarding in AUSA asking for extension? Should one agree to first extension request or demand explanation of why the extension is needed. Because sometimes AUSAs are just buying time just because they think they can get away with it. See here and here for a hard line stance on AUSA extension and some good reasons for doing so.
I'm debating how should I handle if AUSA in my case asks for an extension and doesn't give a plausible reason?
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yourfirstname
Registered Users (C)
I'm in process of preparing WOM complaint for N-400 no interview. Can I put 1447 in the cause of actions as USCIS has delayed interview to avoid 1447 action. Is there anyway I can prove that USCIS's action was illegal and i should get relief under 1447 as well along with WOM and APA.
Thanks
Thanks
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Decision defining judgment
There was a court decision saying something on the lines of "in the long history of law the judgment has not been defined as inaction or taking no action, however you define it it does not mean taking no action". It was essentially attacking Defendant's argument about Attorney General's judgment under 8 U.S.C. § 1252(a)(2)(B)(i). I remember reading it but can't find it now. I may have downloaded that from www.bibdaily.com or this forum.
I don't remember the exact wording.
Does anyone know what opinion was that?
There was a court decision saying something on the lines of "in the long history of law the judgment has not been defined as inaction or taking no action, however you define it it does not mean taking no action". It was essentially attacking Defendant's argument about Attorney General's judgment under 8 U.S.C. § 1252(a)(2)(B)(i). I remember reading it but can't find it now. I may have downloaded that from www.bibdaily.com or this forum.
I don't remember the exact wording.
Does anyone know what opinion was that?
Thoughtful
Registered Users (C)
You cannot file a lawsuit or request a relief under 1447 unless you already had an interview. However, you can mention that the change in interview scheduling was specifically to avoid a lawsuit under 1447. Such an action shows a policy of ignoring or attempting to thwart Congress' intent.
Here is a link for the Aprill 25, 2006 memo
http://www.ansarilawfirm.com/docs/U...s-and-Naturalization-Interview-Scheduling.pdf
Does anyone happen to know about the transfer procedures, i.e. when the order is entered to transfer the case into another district, how soon would it show up on that district court's docket? Or does the attorney, in case of a transfer, has to physically file the complaint again? Would be grateful for any insights - we are really anxious to find out which judge was assigned to the case.
Case transfer rarely takes more than a week. Court clerk is responsible for that so you may check with the clerk whether the case has been transferred or not. There is no need to file another complaint - the complete docket will be transferred.
yourfirstname
Registered Users (C)
Thoughtful & LazyCIS,
How does this point looks like:
Defendants have unreasonably and intentionally delayed their actions under 8 U.S.C. 1446(b) upon plaintiff’s stalled N-400 application to avoid actions under 8 U.S.C. § 1447(b). Such an action shows a policy of ignoring or attempting to thwart Congress' intent. (EXIBIT ##memo uploaded by thoughtful)
How does this point looks like:
Defendants have unreasonably and intentionally delayed their actions under 8 U.S.C. 1446(b) upon plaintiff’s stalled N-400 application to avoid actions under 8 U.S.C. § 1447(b). Such an action shows a policy of ignoring or attempting to thwart Congress' intent. (EXIBIT ##memo uploaded by thoughtful)
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