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

    Nastena, I never got an answer from the defendants. After the hearing that defendants' motion for dissimal was denied, we moved to file motion for summary judgment directly. It doesn't hur to file motion for summary judgment, worst case is that judge strikes your motion, but you have nothing...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    Amy, I disagree, I believe you can file motion for summary judgement (as soon as possible to push them resolve your case). In my case, I never got any answer from the defendants. Motion for summary judgment was filed after MTD was denied.
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    The "famous" Ila Deiss is my AUSA, she is very professional. I got the card in the mail within a week. I filed opposition to MTD, and was about to file the opposition to their Summary Judgement. And mine is a Magistrate Judge, not the same one as yours though, but I saw lot of cases referred to...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    WOM still works! Filed WOM for I-485 in Jan 07, Northern District of California, pro se Went to Court for MTD in April, MTD denied by judge Filed motion for summary judgement in May Got approval on the date that AUSA had to file opposition to my motion Good luck to everyone!
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    Is it possible to file the motion to ask Judge to shorten the extension given to defendants? Or file motion to oppose judge's grant on defendant's request for extension?
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    Mine is I-485, I filed pro se. I did not see judge's order to deny defendants' MTD, as it was decided at the hearing, not on paper. I will let you know if there is a judge order so you can list it as a favorable WOM for I-485, I will also let you guys know if I win :) for now, I'd like to...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    Oh, I forgot to mention, judge also mentioned that, the safadi case AUSA cited was not convincing enough :)
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    I believe judge was trying to say is that, this is not a clear cut interpretation as to whether the court has jurisdiction (that's why you see some cases got dimissed some didn't), she spent quite some time on my case trying to decide whether the court has jurisdiction. So make sure you write...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    shvili, You might find this one useful, refered to Judge Patrica Trimbel, however, it is a naturalization case, 5:06-cv-04820-JW
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    Thanks, but it is going to be an up hill battle! Mine is also a magistrate judge, she acknowleged that there is a split opinion as to whether court has jurisdiction at the hearing, so it won't be an easy win for me. I ran across Patricia Trumbull's name when I did my PACER research, I...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    hi guys, Just wanted to share a positive news. My case's MTD is denied by the judge, I am in Northern District of California. I will appreciate if someone has a sample of Motion for Summary Judgement.
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    Hi Dmakarov, Don't get too hung up on the CMC, to my experience, it is just another legal procedure that you need to go through in order to get your case heard by the judge, and I am afraid that you don't have much input in it anyway:) As to ADR, AUSA will refuse that any way. My...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    My AUSA suggested Justin Wang. He is very good according to her.
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    You cite the order day and the document # listed in pacer such as XXXX v. Chertoff, Case No. XXXXXXX, S.D OH Document XX, filed Mar. XX, 2007, at 2 BTW, I am not a lawyer
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    Yes. You could have more than one plaintiff.
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    My AUSA confirmed it is 3 weeks before the hearing date, although they picked the hearing date. However, my hearing date is 6 weeks from the date of their filing, so it worked both ways (3 weeks after receiving the MTD, or 3 weeks before the hearing date. i also heared people mentioning about 20...
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    Thanks, Shivili. I will put in some hours in this, thanks a lot for sharing these files.
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    Shivili, Thanks you so much for your quick response, i appreciate it! I forgot to mention that my case if for Adjustment of Status, not naturalization. Do you have some sample cases on AOS? Thanks,
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    Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

    Hi Paz and Kerifa and others, I filed WOM for AOS in Jan in Nor Cal following the forum pro se, and recieved the "standard" MTD for lack of jurisdiction, etc. Do you have some sample oposition to dimiss that you used or are aware of that I can follow? I have been followed this forum, and...
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    California DOL (Regional) Tracking

    any news on INS's decision on those auto-remanded cases? Dear all, this site has been very helpful. I remember reading a post regarding the auto-remanded cases and they might consider something. Any updates? Thanks? :(
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