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

    Congratulations! When my husband's case was approved the other day, mine was not. However, it came the very next day! So wish you good luck ;)
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    (1) Different jurisdiction gives differnet level of leeways for judges to decide on this matter, no evidence that he is from D.C. cir. (2) As of the case of statute, the words in case law also subject to interpretation, which can bring huge difference, as all 1447(b) plaintiffs here can...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    file a motion to reargue, look for local rules for guideline for reargument, state reason why the court should hear you re-arguing, emphasize that you are pro se and you were prejudiced by any innocent error you made, see what happens.
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    All right, I got it. I thought people are all filing WOM here. So you are not filing WOM. That'd be totally different. It amazes me there is such a law like that. It is certainly arguable that court should remand with instructions (it is not a surprise to me that courts refrain from...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    I didn't read the US v. Hovsepian case you mentioned. However, though not reading it, I am sure that no MANDAMUS court will adjudicate your case and to approve your case in court. It goes to the fundamental principle of seperation of powers. You may want to look up federal rules of evidence for...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    No, you hold your fire until invited.
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    It goes to the discovery rules of the FRCP and rule of evidence. I think most likely you woulnd't be able to get those for lacking relevance. If they for any reason denied your application (god forbidden), this would not be the court you'd argue the decision with. If application denied, this...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    When you have your "day in the court", namely on trial, you will be asked to present your side of story. you might have pretrail hearings, the judge might ask you to present a memo of law. How soon you can be heard depends on many factors, you need to consult the judge's cleark for those...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    A motion to dismiss force the court to make a decision immediately. The defendant is asking the judge to kick the plaintiff out of the court. It is very adverse and offensive weapon of the defendnat to be used against the plaintiff. A judge must rule after the opposition was filed whether he...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    I think it is not too bad if AUSA filed an answer. It will buy him more time without having to ask the judge to grant it again. It is not a sure sign that AUSA will fight, not as much as were a motion to dismiss filed. In an answer, the AUSA will say they admit this, deny that, and/or having...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    I believe you are right. The WOM is taken out of their internal policy on the conditions for expedite name checks. But it doesn't have the effect of killing a mandamus cause of action, which originated from LAW, which beats any administrative policy. However, this policy does have...
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