“Writ of Mandamus” !!! Suing USCIS Successfully..........
- Thread starter Lazerthegreat
- Start date
Lazerthegreat said:
Dear Lazerthegreat,
Would you be so kind to send an example of the writ of mandamus to my email too? My email: dvshin@yahoo.com
Thank you and congratulations with your freedom!
Lazerthegreat said:Ok guys! I am very willing to help anybody who wants to sue USCIS...
Please share all your thoughts on this thread instead of personally emailing me stuff. Not that I don't wish to help you, but I wish to help YOU ALL.
Hi Lazerthegreat,
Can you sare some sample documants of a Writ a Mandamus? I'm preparing documents and want to make sure right language and wording. Any information will be appreciated. Thank you very much!
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freebird2006
New Member
Anyone can help me on a draft of WOM letter?
My I-485 has been pending since March 2003. The inquiry to USCIS indicated that my case is probably in name check (under security clearance). Encouraged by the results you guys have achieved by using Writ of Mandamus, I plan to sue FBI and USCIS as well. I found many people are in the same situation here. So if anyone can provide a sample WOM letter, that will save many people a lot of time and effort. We will all appreciate your great help.
My I-485 has been pending since March 2003. The inquiry to USCIS indicated that my case is probably in name check (under security clearance). Encouraged by the results you guys have achieved by using Writ of Mandamus, I plan to sue FBI and USCIS as well. I found many people are in the same situation here. So if anyone can provide a sample WOM letter, that will save many people a lot of time and effort. We will all appreciate your great help.
I got a response from them my case in pending name check and another response from the FBI that they have received my name check request from the USCIS and it pending. My only concern is that the TSC still says they are working on April 2001 cases and NSC say they are working on cases before August 2003 and in the main Asylee seeking LPR metions they adjust cases who filed after Jan 03 by Spetember 2007. Could this be against me when I try to sue? Has anybody with ND after Jan 03 tried this Writ thing?
Hi Lazerthegreat
How are you? i am very excited to see your post in this forum. I have a similar situation as yours. I have filed my I-485 since Nov 2004, untill now, I still haven't hear anything from the USCIS yet. All they said is my case in pending on security check. And USCIS said they can't do anything. So do my own lawyer, nobody can help me. Untill I found your post. I am wondering if you can provide me a draft on how to file the Writ of Mandamus?
Thanks a lot!!!!!!
How are you? i am very excited to see your post in this forum. I have a similar situation as yours. I have filed my I-485 since Nov 2004, untill now, I still haven't hear anything from the USCIS yet. All they said is my case in pending on security check. And USCIS said they can't do anything. So do my own lawyer, nobody can help me. Untill I found your post. I am wondering if you can provide me a draft on how to file the Writ of Mandamus?
Thanks a lot!!!!!!
Lazerthegreat
Registered Users (C)
example case
Here is an example of a case!
Here is an example of a case!
Hi Lazerthegreat
May I know do you write the sentence to sue these people you have listed? I have gone through the file you sent, they only have 3 defendant, but you filed suit against 5 defendant:
1. Michael Chertoff, Secretary of the Department of Homeland Security
2. Emilio T. Gonzalez, Director of USCIS
3. ROBERT S. MULLER III, Director of FBI
4. GREGORY W. CHRISTIAN, Director of Nebraska Service Center
5. Alberto R. Gonzales, United States Attorney General
I just want to know how to write it, and be careful about this, hope to hear from you.
Thanks in advance
May I know do you write the sentence to sue these people you have listed? I have gone through the file you sent, they only have 3 defendant, but you filed suit against 5 defendant:
1. Michael Chertoff, Secretary of the Department of Homeland Security
2. Emilio T. Gonzalez, Director of USCIS
3. ROBERT S. MULLER III, Director of FBI
4. GREGORY W. CHRISTIAN, Director of Nebraska Service Center
5. Alberto R. Gonzales, United States Attorney General
I just want to know how to write it, and be careful about this, hope to hear from you.
Thanks in advance
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WOM to USCIS Miami District Office
Hello, this is my first time writing here, although I have been reading these posts for a while now. After reading what Lazerthegreat did with his case, I decided to place a Writ of Mandamus also against the USCIS Miami District Office. I did a lot of research and wrote the complaint myself. (Lawyers here will charge you A LOT of money for this service.)
I submitted the complaint on 11/01/06 and sent all summons to the Miami Office Director, the US Attorney General, and the US Attorney for the Southern District of Florida. So far, I'm only missing the return receipt from the US Attorney General, I received the other two on Monday and Tuesday.
I just want to let you guys know that I'm willing to help anybody who wants more information or just go ahead and send a WOM. I am no expert whatsoever, but as I said before, I've made a lot of resarch and may be able to help, specially about cases filed here in Miami, FL.
Hello, this is my first time writing here, although I have been reading these posts for a while now. After reading what Lazerthegreat did with his case, I decided to place a Writ of Mandamus also against the USCIS Miami District Office. I did a lot of research and wrote the complaint myself. (Lawyers here will charge you A LOT of money for this service.)
I submitted the complaint on 11/01/06 and sent all summons to the Miami Office Director, the US Attorney General, and the US Attorney for the Southern District of Florida. So far, I'm only missing the return receipt from the US Attorney General, I received the other two on Monday and Tuesday.
I just want to let you guys know that I'm willing to help anybody who wants more information or just go ahead and send a WOM. I am no expert whatsoever, but as I said before, I've made a lot of resarch and may be able to help, specially about cases filed here in Miami, FL.
takayuki said:
Do you all think that Writ of Mandamus is just a way to rush USCIS and to get them do what you want them to do? There has to be a legal negligence on their part, some major mistake or an unreasonable delay that has caused you tremendous hardship. Just because you have been waiting 2-3-4 years (which is normal processing time) does not mean you can sue the government. You filed your I-485 in 2004 and are considering filing the Writ? Good luck and I hope the court will throw it out. Shame on you for being so unreasonable. My advice to you all here on this thread is stop flooding the courts with your frivolous self-written Writs. You are not even willing to spend a dime or wait reasonable time. Because people file frivolous and unprofessional documents, strong and justified cases have a harder time to get through the system.
Lazer, I helped you with your Writ privately, out of compassion and understanding. I am dissappointed to see that you turned this thread into Writ of Mandamus Central - any Writ, any format, any time. Please have respect for others who have paid money and also for attorneys from the private bar. They may be charging money, but that's what they do professionally to make a living. By distributing copies of the Writs, you are undermining the legal power of this document and turning it into some flyer. Regards,
Lazerthegreat
Registered Users (C)
14ksusha said:
What are you talking about 14ksusha! Are you some kind of grandma of this forum. Yes you help me with compassion, and I am helping other forum members with same "compassion". Just because you paid hefty fee to your lawyer and had to wait 8-9 years does not mean that everybody should wait same numbers of years just because you waited for so long. Furthermore 10,000 limit for asylees is no longer valid starting May 2005. So "legally" you can sue govt. any time for non-performance immediately after filing I-485. There is no "reasonable" time frame. Just because you waited "9 years" doesn't make it a reasonable time-frame and you cannot fire at people who are ND's 2005.
Furthermore "writ of mandamus" is NOT a document. This is a free country girl and you can sue anybody any time using any legal "documents" and it won't insult any legal system or "Bar association" just because you are suing govt...
You advice others on this forum to develop self-respect by "VISITING COP" so I must say that you should develop some self-respect as to defending your rights in this country.
And a word of advice just as a good friend: DO NOT WAIT 9 YEARS AFTER FILING FOR NATURALIZATION. THIS WON'T BE A REASONBLE TIME FRAME. SUE WELL BEFORE AND BELIEVE ME YOU WON'T BE INSULTING ANY BAR ASSOCIATION IF YOU DECIDE TO SUE YOURSELF..
GOOD LUCK,
WOM in So Cal
Anybody with any experience with the Southern District in California? Is it considered one of the good ones or bad ones?
lazer and others, anybody has a sample of their application that can send me? BTW, you can download the pro se application from the southern district of california website and don't need to go to SD!
Memo
Anybody with any experience with the Southern District in California? Is it considered one of the good ones or bad ones?
lazer and others, anybody has a sample of their application that can send me? BTW, you can download the pro se application from the southern district of california website and don't need to go to SD!
Memo
Lazerthegreat said:
Well, I couldn't have said it better. Thank you Lazerthegreat. We will always find people who truly want to help (like you) and people like 14ksusha! who are only trying to vent their frustrations and lack of initiative on somebody else.
I want to clarify that I'm doing the WOM myself for two reasons: 1) I do not have the money to pay a lawyer. 2) I feel comfident doing it myself.
But there are other options, if you hire a lawyer and you win your case, then the next step (and any lawyer will explain you this) is to sue the USCIS to recover your expenses, such as lawyer fees.
Moreover, if you can hire a lawyer, I would recommend you to do it. The process is time comsuming and requires a lot of work if you're doing it alone.
At the end, is up to you if you want to place a WOM, if you want to do it yourself, or if you want to hire a lawyer. It's also up to you how much time you want to wait to take this step.
Everybody's situation is different. Just use common sense and DO NOT LET ANYBODY TELL YOU YOU HAVE NO RIGHT AND YOU NEED TO WAIT ETC ETC.
SanDiegoDiver
Registered Users (C)
Writ questions
I think they are finally getting on into this "wom", this morning I got a call from the US attorney's office and was told they intend to file a response.... can you believe this? they are going to put the time and effort to file a motion to dismiss my case base on some technical jargon yada yada yada and that Mandamus doesn't befit my case (delay of 5 years...duh!).....
Ah well, I told him when I get their motion I'll look into it and file a counter motion etc...
.......So if there are any kind experts out here
I'm doing this as a Pro Se (money situation is really tight ), am I about to get bulldozed?
I think they are finally getting on into this "wom", this morning I got a call from the US attorney's office and was told they intend to file a response....
can you believe this? they are going to put the time and effort to file a motion to dismiss my case base on some technical jargon yada yada yada and that Mandamus doesn't befit my case (delay of 5 years...duh!)..... Ah well, I told him when I get their motion I'll look into it and file a counter motion etc...
.......So if there are any kind experts out here
I'm doing this as a Pro Se (money situation is really tight
), am I about to get bulldozed? it's ok
Don't worry SanDiegoDiver, on ELKHATIB vs. BULGER (done here in Miami) the USCIS gave him a fight, they tried to dismiss the case in all possible ways and at the end, SINCE HE WAS RIGHT FROM THE BEGINNING the court approved his Petition and the USCIS had to finalize his case and even pay him for his expenses (about $7000, yeah, the USCIS HAD TO PAY FOR HIS EXPENSES).
So if you think you are really owed a dutie and that's the reason for your WOM, then don't worry, the court will know it and won't let them dismiss your cass just because it's the USCIS.
But don't get intimidated, 5 years is a long time and the court knows it. Fight for your rights!
SanDiegoDiver said:I think they are finally getting on into this "wom", this morning I got a call from the US attorney's office and was told they intend to file a response....
Ah well, I told him when I get their motion I'll look into it and file a counter motion etc...
.......So if there are any kind experts out here
I'm doing this as a Pro Se (money situation is really tight
Don't worry SanDiegoDiver, on ELKHATIB vs. BULGER (done here in Miami) the USCIS gave him a fight, they tried to dismiss the case in all possible ways and at the end, SINCE HE WAS RIGHT FROM THE BEGINNING the court approved his Petition and the USCIS had to finalize his case and even pay him for his expenses (about $7000, yeah, the USCIS HAD TO PAY FOR HIS EXPENSES).
So if you think you are really owed a dutie and that's the reason for your WOM, then don't worry, the court will know it and won't let them dismiss your cass just because it's the USCIS.
But don't get intimidated, 5 years is a long time and the court knows it. Fight for your rights!
where to serve these people
hi guys,
Can somebody tell me which address we should serve these people at:
1-ALBERTO R. GONZALES, United States Attorney General;
2-MICHAEL CHERTOFF, Secretary, Department of Homeland Security;
3-EMILIO T. GONZALEZ, Director, USCIS
4-JANE ARELLANO, Director,Los Angeles District Office USCIS;
5-EVELYN UPCHURCH, Director, Texas Service Center
6-GERARD HEINAUER, Director, Nebraska Service Center
7-ROBERT S. MULLER III, Director of FBI;
hi guys,
Can somebody tell me which address we should serve these people at:
1-ALBERTO R. GONZALES, United States Attorney General;
2-MICHAEL CHERTOFF, Secretary, Department of Homeland Security;
3-EMILIO T. GONZALEZ, Director, USCIS
4-JANE ARELLANO, Director,Los Angeles District Office USCIS;
5-EVELYN UPCHURCH, Director, Texas Service Center
6-GERARD HEINAUER, Director, Nebraska Service Center
7-ROBERT S. MULLER III, Director of FBI;
WOM Civil Cover Sheet Question
I am in the process of filing the WOM, I have a question about the Civil Cover Sheet question.
1. What is the nature of the suit? What I meant is what is the Code number? Someone suggested that the code is 890 (other statutory actions), is this the correct code?
2. THere is a question in the cover sheet that ask "the cause of action", I am not sure how to answer the 2 sub question, which is :
a. Cite the U.S Civil Statue under which you are filing
b. Brief Description of cause:
Hope you can help!
I am in the process of filing the WOM, I have a question about the Civil Cover Sheet question.
1. What is the nature of the suit? What I meant is what is the Code number? Someone suggested that the code is 890 (other statutory actions), is this the correct code?
2. THere is a question in the cover sheet that ask "the cause of action", I am not sure how to answer the 2 sub question, which is :
a. Cite the U.S Civil Statue under which you are filing
b. Brief Description of cause:
Hope you can help!
takayuki said:
I am not sure if this changes depending on the district court where you are filing your case, but this is what I put on my civil cover sheet:
1. 540 Mandamus & Other.
2. Here I wrote the same US Civil Statutes I named under Jurisdiction and Venues on my WOM:
a. 28 U.S.C. 1331; 5 U.S.C. 555(b), 706(1); and 28 U.S.C. 1361.
b. I didn't write a brief statement, I only wrote the statutes, and when the court clerk reviewed it he said it was fine.
Filing wom with my spouse, how many signature is needed?
Hi All,
I have signed up pacer, also downloaded 3 complaint samples (filed by couple with help of lawyer), these complaints only has one signature, which is the lawyers signature. Due to financial constraints, me and my spouse are not able to afford a lawyer for our case, we plan to file the WOM ourself. Therefore, if any of you knows how many signature is needed for filing WOM as a couple, I really appreciate your help.
Or, if you know where to ask for this kind of information, I also really appreciate if you can let me know.
Thanks!!!
Hi All,
I have signed up pacer, also downloaded 3 complaint samples (filed by couple with help of lawyer), these complaints only has one signature, which is the lawyers signature. Due to financial constraints, me and my spouse are not able to afford a lawyer for our case, we plan to file the WOM ourself. Therefore, if any of you knows how many signature is needed for filing WOM as a couple, I really appreciate your help.
Or, if you know where to ask for this kind of information, I also really appreciate if you can let me know.
Thanks!!!