AILF Lawsuit Settlement on june 15th

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wantmygcnow

Volunteer Moderator
Talks about Asylee cap lawsuit..To be settled on June 15, 2005 and also about setting up email inquiry for asylees from USCIS and EAD valid for 5 years..

http://www.ailf.org/lac/finalclassnotice_051005.pdf

1Q. What if I am a class member and I agree with or object to the terms of the settlement agreement?

If you are a class member and you agree with the proposed settlement, you do not need to do anything. You may but do not have to appear at the public hearing on the proposed
settlement on June 15, 2005 at 9:30 a.m. central time (see below).
If you are a class member and you disagree with the proposed settlement, you have a
right to object to it. Your objections will be considered by the court as it reviews the
settlement. Objections to the proposed settlement will be considered only if you follow
these procedures:
1. Objections must be in writing and must be sent to:
Clerk of the United States District Court
for the District of Minnesota
316 North Robert Street, Suite 700
St. Paul, MN, 55101.
2. All objections must include the following information:
* Name, address and telephone number of the person filing the objection.
* The case name and number, Ngwanyia v. Gonzales, No. 02-502 (RHK).
* A statement of the reasons for the objection
* A statement that you have sent copies of your objection to the lawyers listed at the end
of the notice
3. The deadline for mailing your objections to the court and to the lawyers listed below is
June 6, 2005. Objections must be postmarked on or before June 6, 2005 to be considered
timely. Objections filed or mailed after that date will not be considered. Plaintiffs who
fail to file objections on or before June 6, 2005 will not be permitted to testify at the
settlement hearing.
4. A public hearing on the proposed settlement and any objections which have been filed
will be held on June 15, 2005 at 9:30 a.m. at the following location. You may appear at
that hearing.
United States District Court
for the District of Minnesota
316 North Robert Street, Suite 700
St. Paul, MN, 55101.
5. You must send copies of your objections to each of the lawyers listed below before the
deadline.
Nadine Wettstein Nancy E. Friedman
American Immigration Law Foundation Office of Immigration Litigation
918 F Street, NW Department of Justice
Washington, DC 20004 PO Box 878
Ben Franklin Station
Washington, D.C. 20044
 
This is also good because even if bush signs the law tommorow..we dont know if USCIS will implement it right away. isn't there some time allocated for federal register review when the bill is signed into a law?...

AT least this lawsuit makes the judge follow it for 3 years....and gives us few more rights(EAD valid for 5 years..email uscis about your case)..
 
Opportunity.... may be

Guys do you think it is our opprotunity to raise some concerns about this settlements and some reasons of objections like;
Travel document should be valid more than a year.
Time people have wasted should be counted towards their citizenship just like refugees.
We can send these objection to these lawyers and this judge. Now that we'll have cap removed, I think that might be worth a shot...
 
Punjabi_Munda said:
Guys do you think it is our opprotunity to raise some concerns about this settlements and some reasons of objections like;
Travel document should be valid more than a year.
Time people have wasted should be counted towards their citizenship just like refugees.
We can send these objection to these lawyers and this judge. Now that we'll have cap removed, I think that might be worth a shot...
Click to expand...

I concure in particular the time we wasted must be accounted towards citizenship.
 
Punjabi_Munda, I agree with your suggestion, it doesn't make sense(but hey USCIS are not sensible ). Also it won't hurt to give it a try, if it succeeds well and good.
 
RTD and citizenship

Punjabi_Munda said:
Guys do you think it is our opprotunity to raise some concerns about this settlements and some reasons of objections like;
Travel document should be valid more than a year.
Time people have wasted should be counted towards their citizenship just like refugees.
We can send these objection to these lawyers and this judge. Now that we'll have cap removed, I think that might be worth a shot...
Click to expand...

Good points. Just as a reference, In Canada (sorry guys, once more here I am metioning how Canada does things) RTDs are valid for 3 to 5 years. It seems that usually RTDs are processed in about 2 WEEKS.
 
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Let's do it then.

Thanks guys for your positive reinforcements. Let's do it then. We can send letters to this judge and lawyers mentioning our objections to this settlement before this deadline and see what happens.
I'll mail mine tomorrow.....
Let's start posting a list of people who are sending this letter just to get a feel of number of people who are doing this. Please add your name to the following list. Thanks
(1) Punjabi_Munda .... Sending letter on 05/13/05
 
The settlement means nothing after the cap is removed.
The settlement means a little if the cap is not removed.

No settlement! No settlement!!

Meet USCIS in the courtroom and continue to fight: what we want is to adjust the missed quota, 31,000 asylees, NOW !!!



Punjabi_Munda said:
Thanks guys for your positive reinforcements. Let's do it then. We can send letters to this judge and lawyers mentioning our objections to this settlement before this deadline and see what happens.
I'll mail mine tomorrow.....
Let's start posting a list of people who are sending this letter just to get a feel of number of people who are doing this. Please add your name to the following list. Thanks
(1) Punjabi_Munda .... Sending letter on 05/13/05
Click to expand...
 
Punjabi_mUnda. Lets not mess up things here. Its great that you got ideas but this lawsuit didn't address travel document or time ppl waisted. We need the judge to settle this lawsuit and not throw it out.

Anyoen with 2001 or earlier cases need this lawsuit really badly because this will make USCIS adjust 18,000 cases by end of Sep, 2005. They have to! Thats the judges order...IF this lawsuit is thrown out..do you really think that USCIS will adjust 18,000 cases by Sep, 2005? I don't think so.!

If this lawsuit is thrown out, asylees with 2001 or earlier cases may have to wait more...remmeber "backlog" is a good excuse..and if they take 6 months to process a freakign travel document that requires no clearances..imagine what 18,000 GC's will cause??

SO give your hand some rest and dont write any letters. Let this settlement pass! Its good for you especially.
 
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Two things are brought by the settlement:

1) the remove of cap. I don't believe the governement would pay attention to the cap until it faces to lose lwacase

2) certain number adjustment before USCIS new ruling is out. USCIS will take time, even few months to have a new ruling.


sadasylee said:
The settlement means nothing after the cap is removed.
The settlement means a little if the cap is not removed.

No settlement! No settlement!!

Meet USCIS in the courtroom and continue to fight: what we want is to adjust the missed quota, 31,000 asylees, NOW !!!
Click to expand...
 
request more than objection

Wantmygcnow, we don't have to make our letters look like objections. They could rather look like a suggestion or humble requests. The two things that we want, RTD validity for a longer period of time and counting our wasted time towards our citizenship wouldn't require any special efforts on USCIS part. Its just a metter of putting a different date on our RTD and GC. If Judge sees our point, I don't see how that's going to mess things up.
I thinks its worth a try but if majority doesn't agree, I have no prblem giving my hand some rest like you suggested :p :) ;) :D
 
File a complaint

I think we should file as many complaints as we can. I will be writing my letter tonight... my point is that the time wasted waiting for the adjustment of status should count towards naturalization (like refugees). In my case, I had to wait 10 years for my adjustment. Now I have to wait 5 more years to be eligible for citizenship. Anyway, I encourage everyone to bring their concerns forward. It can't do any harm!
 
shouldn't we be a little patient

I suggest that we should be a little patient and carry out the plans step by step. Let the judge approve the settlement in June 15 First! Please don't make complaints and cause confusions to the judge.
 
to make things fair for us, we have to tell the judge to make our time wasted counted toward citizenship. back-dating 1 year for GC is not enough because some asylees wasted over 5 years waiting for GC
 
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