“Writ of Mandamus” !!! Suing USCIS Successfully..........

SanDiegoDiver

Registered Users (C)
Well, you see the judge ordered them to "adjucate" the case, that means coming up with a decision only which could be either way.
In the old days they just go ahead and approve. Now in this retaliation mode, they throw some BS technicality, and believe me the new Real ID act gave them a ton of these technicalities. In my case it almost wants me to prove that I'm me (quite silly I know).
I need to sit with a lawyer to figure out all the legal jargon included in the denial letter and how to counter it once I go to an appeal court.
But if anyone heared of others in the same boat please let me know...It'd help eventually to file a class action suit against them alleging retaliatory behavior, etc..

Oh btw:filed PD-1999
Application Denied-2007

:( what? they denied your case? based on what? how can they do that if the judge ruled in your favor?
Soory to hear this
 
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I am very happy for you as I am going thru some similar problems right now. Your story is a great inspiration and I might be following your foot steps


Hey hichamwu,

Have you proceeded with your WOM? I am thinking aof following the same route but was wondering if you knew of any cases that have been filed recently(this year 2007) that were a success?

Thanks!!
 
Wm

Lazerthegreat,

First of all, I want to say Lazerthegreat - your case gives me great hope. Thank you for having the desire to help everyone else out. I hope the rest of us get to be as lucky as you are to have our GCs in hand soon after the WOM.

I'm thinking of following in your footsteps as attorneys are not a viable option for me right now ($$$$)!
Can either of you send me the copy of 14ksusha's attorney filed lawsuit?

14ksusha - if you are around, can you please help out?

Thank you very much guys!!
 
example cases won in 2007

Hello GCWAITLONG

I think that the WOM is the only way out for my case because I have waited for 2 years and 7 months. To answer your question about the cases that were won in 2007, here are some:

Okunev v. Chertoff, No. 07-00417, 2007 U.S. Dist. LEXIS 53161 (N.D. Cal. July 11, 2007). The court found subject matter jurisdiction to adjudicate plaintiff's Adjustment of Status Application (Form I-485). The court ruled that USCIS has a non-discretionary statutory duty to adjudicate plaintiff's application, and reasoning that if the court were to hold otherwise, USCIS could withhold a decision indefinitely. The court reasoned that there are too many important rights associated with permanent resident status to allow the rate at which these applications are processed to go entirely unchecked. Plaintiff's application was pending for over three years when the court issued its decision.


Quan v. Chertoff, 06-7881, 2007 U.S. Dist. LEXIS 44081 (N.D. Cal. June 7, 2007). The court found mandamus jurisdiction to review Plaintiff's Adjustment of Status Application (Form I-485). The court found that the relevant statutes and regulations impose a non-discretionary duty on the agency to make a decision on the application, and that the decision must be made within a reasonable amount of time.


Singh v. Still, No. 06-2458, 2007 U.S. Dist. LEXIS 16334 (N.D. Cal. 2007). The court found mandamus jurisdiction to order adjudication of plaintiff's Adjustment of Status Application (Form I-485). The court held that there was unreasonable delay in the adjudication of plaintiff's applications and that plaintiff had no other remedy. At the time the court issued its decision, plaintiff's asylum-based I-485 application had been pending for more than seven years and his marriage-based I-485 application had been pending for almost four years.


Aboushaban v. Mueller, No. 06-1280, 2006 U.S. Dist. LEXIS 81076 (N.D. Cal. 2006). The court found jurisdiction over the mandamus action and ordered USCIS to complete adjudication of plaintiff's Adjustment of Status Application (Form I-485). Plaintiff's application had been pending for approximately eight years when the court issued its decision.


Razaq v. Poulos, No. 06-2461, 2001 U.S. Dist. LEXIS 770 (N.D. Cal. 2007). The court found jurisdiction over the mandamus action to compel adjudication of a Relative Petition (Form I-130), finding that the agency has a ministerial duty to process plaintiff's petition under 8 U.S.C. §1154(b). However, the court denied plaintiff's motion for summary judgment, finding that plaintiffs failed to demonstrate that the agency's inaction was "clearly unreasonable." The court similarly denied the government's cross motion for summary judgment, finding that the agency failed to demonstrate that its inaction was "reasonable." The court invited plaintiffs to file an amended motion for summary judgment if the government failed to resolve plaintiff's I-130 petition within 28 days of the court's order. Plaintiff's petition was pending for over two years at the time the court issued its decision.

Hope that helps.
 
Defedemdents in WOM

I have a question for everybody. When the WOM is filed in court, do the U.S District attorney and the U.S. Attorney general both have to be included as the defendents in addition to the other people? Meaning that they both have to be sent complaint + summons?
 
Is there a risk to file writ? ex. the USCIS will reject your I-485?

Anybody know what's the change that your I-485 will be rejected by USCIS after file writ?
 
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Lazerthegreat

Registered Users (C)
Anybody know what's the change that your I-485 will be rejected by USCIS after file writ?
Actually WOM causes the CIS to take action. Thats it!!! They will put your application in front of them and begin processing per judge's orders. According to my understanding the case loses the jurisdiction of that service center and enters federal jurisdiction. So now they can approve your case but cannot just reject it without bringing federal court upto date. But this is just my understanding and you need to consult an attorney regarding. But what I am sure about is that WOM is fastest way to "move" dead-weight CIS.
 
Can you please help with the following addressess and let me know if they are correct..
thanks a lot

MICHAEL CHERTOFF, as Secretary of the Department of Homeland Security, U.S.
Department of Homeland Security, 2100 2nd St SW, Washington, D.C. 20593;
EMILIO T. GONZALES, as Director of U.S. Citizenship and Immigration Services;
20 Massachusetts Avenue, NW, Washington, D.C. 20529;
 

assylum

Registered Users (C)
Writ of Mandamus

I heard that uscis has 180 days to adjudicate the case.
I also heard that if 180 days passed and no initial decision is made, then the applicant can sue uscis to force them to issue either NTA or recommended approval. Is that true?

Did anybody have experience in this matter? Please share.
 
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