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

Any Thoughts?

To the gurus of this forum and if anyone have been through this, is my interpretation accurate?

Your thoughts are appreciated.


mmksj said:
Hi everyone..

Here is my update, On Saturday I received the USDA “Answer” to my complaint (1447b) that I have filed early April. The Answer was filed in the last minute of the last day allowed and was more or less a lot of crap from which I understood that they are buying time.

So I was anxious to fire back, but reading into the local rules from my pro-se guide I found that there is a distinct difference BTW responses that a plaintiff may receive from a defendant. These were identified as “A motion to Dismiss (for X reason)” and an “Answer”. To the latter the plaintiff is not required to reply (to my surprise!!)
From the pro-se guide:
“Once the answer is filed, does the plaintiff have to file a response to it?
There is no such thing under the Federal Rules of Civil Procedure as a “Response to an
Answer.” Even if you strongly disagree with the statements in the answer, there is no need to file a response. Under Rule 8(d) of the Federal Rules of Civil Procedure, all statements in an answer are automatically denied by the other parties to the lawsuit.”

Now, what next? I don’t know! The hand book talks about case management conference. I guess I have to educate myself about this process and get my stuff together and prepare should it go that far, but I hope (and truly hope) that the stupid name check get cleared before the conference. Why I hope so, because I know that the USDA has requested the FBI to expedite my name check in a previous conversation with her.

Does anyone know what is the time line to the next step after the defendants provide their answer? (Whatever that step is!??)
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Progress

syt said:
Eastbayer,

How is your case? Do you receive your oath invitation? I hope you can have oath on 06/20/2006.

syt
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We (the US Att. and I) both signed the stipulation of dismissal on 6/6/06 and the judge signed the dismissal order on 6/7 and filed it on 6/8. I received a copy of the signed order from the Clerk's office on 6/9....So I am expecting the oath invitation coming this week, if not, I would bug the US Attorney again :D Anyway, "USCIS is prepared to GRANT APPROVAL OF Plaintiff's application....within 30 days of the dismissal of this action". Hopefully it happens before July 4.

How did you know there will be an oath on 6/20?
 
mmksj said:
Hi everyone..

Here is my update, On Saturday I received the USDA “Answer” to my complaint (1447b) that I have filed early April. The Answer was filed in the last minute of the last day allowed and was more or less a lot of crap from which I understood that they are buying time.

So I was anxious to fire back, but reading into the local rules from my pro-se guide I found that there is a distinct difference BTW responses that a plaintiff may receive from a defendant. These were identified as “A motion to Dismiss (for X reason)” and an “Answer”. To the latter the plaintiff is not required to reply (to my surprise!!)
From the pro-se guide:
“Once the answer is filed, does the plaintiff have to file a response to it?
There is no such thing under the Federal Rules of Civil Procedure as a “Response to an
Answer.” Even if you strongly disagree with the statements in the answer, there is no need to file a response. Under Rule 8(d) of the Federal Rules of Civil Procedure, all statements in an answer are automatically denied by the other parties to the lawsuit.”

Now, what next? I don’t know! The hand book talks about case management conference. I guess I have to educate myself about this process and get my stuff together and prepare should it go that far, but I hope (and truly hope) that the stupid name check get cleared before the conference. Why I hope so, because I know that the USDA has requested the FBI to expedite my name check in a previous conversation with her.

Does anyone know what is the time line to the next step after the defendants provide their answer? (Whatever that step is!??)
Click to expand...

My 2 cents... if it goes as far as the conference, tell the judge that since USDA has requested the expedite name check, you are prepared to meet them half way and offer a 30 day extension. I'm pretty sure they will agree. FBI tends to jump when USDA asks for stuff.

K
 
buggin said:
Milashka,
If the court clerk told you to mail only the complaint, summons, and exhibits to the defendants, and you did it, you should be fine. I wouldn't worry about the magistrate judge notice.
Keep us posted on the progress of your case. And remember that we are always here to help.
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Buggin and all forum's members, thank you for your support and help. I will post every updates on my case and share my experience with everyone. :)
 
pharmboy said:
Poor Haddy, I just went throught the answer from the AUSA on your case and the declaration from the local USCIS director. My feeling is, you may still be able to do it by yourself, but I would recommend you look for some help from attorney, you really need to cite the most recent successful WOM cases on I-485.

1. The cases cited in the answer are mostly old cases, I believe there are more recent successful cases which should be more supportive.

2. The answer indicates that they have to wait however long for the name check to be completed before they can adjudicate your case. Using the recent successful WOM cases on I-485, tell them what is the reasonable time period for such type of cases.

3. Name check can be expedited upon the request from USCIS, based on Michael Cannon's testimony.

4. USCIS has some criteria for expediting cases, WOM is one of them.

5. The answer stated that you have not exhausted administrative remedies, but if you have tried writing and call USCIS, contacted congressman and FBI, tried CIS Ombudsman, or if you even wrote to Mr or Mrs President, I think that should be enough evidence that you tried everything possible, after all, it is not our job to chase down FBI to complete the name check. We pay tax every year and we paid the application fee, it should be USCIS who do all these, not us.

6. Citing most recent successful WOM cases will tell this shit AUSA that federal courts do have subject matter jurisdiction on your case.

These are just my thoughts, again, I would seek for professional help if I were you. I will see if there are files in my folder I can upload for you. Good luck. i am keeping my fingers crossed for you.
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Pharmboy, Thank you for your help... I really appreciate your help...
 
need advice. please help!

I understand that most of the people filing 1447B here have been interviewed by the INS and are stuck in the name-check and are getting favourable decisions.

I have a slightly different case...my N-400 is from July 14th 2003 and I have not been interviewed (I received a interview notice which got cancelled 5 days later in 2004)...and my case is pending in the name-check...

Since the 120 days time-clock begins after the interview is over...I am guessing the INS has to do something about such cases...but in my case there is no time-limit since they can just point to the FBI...

My question is do we know/have people who have had favourable results after filing a Mandamus...without being interviewed?

what do you you guys think, I should do ?

thanks
 
Suzy/Mohamed/ReaSuperK/It1GM/all others- please reply

Hi,
After filing lawsuit, what are the options of contacting USCIS? Can I go to local DO with InfoPass? Is it appropriate? Can I send a copy of what I file with court and DA office to USCIS local DO as well? As I posted yesterday, I did receive a letter from Mr. Hooton stating that my name check was processed and finalized (still puzzled as what it means :)) and sent to USCIS headquarters in Washington. I believe if USCIS move diligently :) on this then my case can be resolved soon. But how to make them know that my name check is complete?

Best Regards
 
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khalafah2000 said:
do you have the case number and the court? sixth district is federal court in which district? from PACER, we can see the whole history of the case.
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It's the Sweilem case in Ohio (05CV0125) in which there were multiple plaintiffs, all of whose claims were denied by the court (except for the jurisdiction retained over 120 day rule resulting from 1447(b)). The court simply remanded back to USCIS with no explicit instructions as to when the application must be adjudicated. You may loose many more months in the process. My interpretation is that the court basically said, "I have no idea how to do this, so I am sending it back"!
 
sfaizullah said:
Hi,
After filing lawsuit, what are the options of contacting USCIS? Can I go to local DO with InfoPass? Is it appropriate? Can I send a copy of what I file with court and DA office to USCIS local DO as well? As I posted yesterday, I did receive a letter from Mr. Hooton stating that my name check was processed and finalized (still puzzled as what it means :)) and sent to USCIS headquarters in Washington. I believe if USCIS move diligently :) on this then my case can be resolved soon. But how to make them know that my name check is complete?

Best Regards
Click to expand...

I don't remember if you've told us but do you have a AUSA assigned to your case? If so, call him/her up and tell him/her that you got something to fax him/her and it might his life a bit easier :) I'm pretty sure they'd be glad to get rid of an extra case. I'm sure the AUSA would verify that letter with FBI and then contact the local USCIS office to finish processing your paperwork. At least in my experience, even though AUSA act like pompous asses in the beginning, when push comes to shove, they'd rather not go to court if they can solve things peacefully.
 
1447b petition under $1000

I am just getting back from an attorney with 24 years of experience who has litigated naturalization denial cases and appreciates how effective the 1447b strategy is across the nation. He doesn't think my situation is "unheard of"...he has had clients who were afraid to sue after waiting one year... dealing with same CIS bs. So anyway, he charged me $60 since he had already looked at my complaint ahead of time from me faxing it and told me to come back in 30 days :D Charges $125/hr and estimated about 7hrs worth of work. He said he will "tweak" my complaint.... :D I was very impressed with guy. Anybody in MEUSDC, I'd highly recommend this attorney: Peter Darvin.
 
RealSuperK said:
I don't remember if you've told us but do you have a AUSA assigned to your case? If so, call him/her up and tell him/her that you got something to fax him/her and it might his life a bit easier :) I'm pretty sure they'd be glad to get rid of an extra case. I'm sure the AUSA would verify that letter with FBI and then contact the local USCIS office to finish processing your paperwork. At least in my experience, even though AUSA act like pompous asses in the beginning, when push comes to shove, they'd rather not go to court if they can solve things peacefully.
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I called them last Thursday and the lady took my number and said he (did not specify) will call me. When I asked about the name she said no one is yet assigned to my case. I then told her that I will call next week.

So, you basically suggest to go DA and not directly communicate with USCIS?

Best Regards
 
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Did you try Matthew Oh?

I only heard of Matthew Oh in St Paul, his website is, www.immigration-law.com. Try talk to him and see if he handles such a case. Try findlaw.com and talk to the lawyers and see if they take this type of cases.

By the way, I stayed in twin cities from 1997-2002 for school, it has been like my second hometown and I miss Minnesota so much.

Haddy said:
Does any one know some good layers in Minnesota???
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Haddy's case

pharmboy said:
These are just my thoughts, again, I would seek for professional help if I were you. I will see if there are files in my folder I can upload for you. Good luck. i am keeping my fingers crossed for you.
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Pharmboy, good assessment and suggestions.
I agree that Haddy needs to talk to a good lawyer, at least have a consultation. To file a complaint Pro Se is one thing, but when it gets to motions, it can get pretty dirty and ugly. You need to know how to play this game.
 
Eastbayer said:
We (the US Att. and I) both signed the stipulation of dismissal on 6/6/06 and the judge signed the dismissal order on 6/7 and filed it on 6/8. I received a copy of the signed order from the Clerk's office on 6/9....So I am expecting the oath invitation coming this week, if not, I would bug the US Attorney again :D Anyway, "USCIS is prepared to GRANT APPROVAL OF Plaintiff's application....within 30 days of the dismissal of this action". Hopefully it happens before July 4.

How did you know there will be an oath on 6/20?
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From Nob Hill Masonic Center Calendar, there is a schedule up to September 2006 for oath ceremony. 6/20, 7/11, 7/25, 8/8, 8/22, and 9/5. I look at that calendar everyday and expect there is a slot for me in the coming oath ceremony. But, I am disappointed each time so far. You know, I keep looking at your case, since you are in North CA as me. If you win, I get more chance to win, don't I?
 
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Update on my lawsuit

Dear all,

After my 485 got approved, I received a letter from the local AUSA with a Dismissal Proposal for me to sign. So I retyped the proposal (The AUSA agree'd) and used "without prejudice" and signed and dropped it in the mailbox (I should have done with certified mail) last Friday. The letter should arrive yesterday or today. They wanted to receive the letter by June 10, but I was kind of waiting to see if they can do anythhing with issuing the card, so I was a little slow with the thinking that I might have to dig it down. But I decided to dismiss my case and then sent the signed consent form last Friday.

The deadline for them to answer is June 13. So yesterday, they filed a motion to dismiss my case, based on the following:

1. My 485 has been approved, this case is moot.

2. In the demand part of my complaint, i asked the court to enter an order:
i) USCIS properly adjudicates my application
ii) USCIS deliver the approval notice
iii) granting such other relief at law and in equity as justice may require
the motion brief mentioned that they have met both i and ii, as to the actual card, it is just a formality. As long as I am approved, I am a permanent resident, and that is what I was suing for. There is no controversey between the plaintiff and defendants, the case is not active anymore.

So they proposed an order to the Judge to dismiss my case with prejudice. I wonder when they receive my sign consent to dismiss, if they will file it with the Court.

Anyway, I am thinking if I should file a memorandum to get to the bottom of this case, I mean, I don't mind if I dismiss this case, I guess I can just wait for a few more months for the card, but I still think I should file a memorandum to ask the court to enter an order request USCIS issue the card within 30 or 60 days. I want to F**K USCIS REALLY rough!

Here is my reasoning for the card:

1. The card is a proof of PR, we are supposed to carry it with us all the time, just like a driver's license, and I believe this is required by USCIS. I cannot just carry the approval notice for months, hehe.

2. I might need to travel out of the country and the card is a must. The local ASC does not do passport stamping anymore. I cannot wait another 3 months for the card.

What do you guys think? Anything else I should add on?
 
mmksj said:
From the pro-se guide:
“Once the answer is filed, does the plaintiff have to file a response to it?
There is no such thing under the Federal Rules of Civil Procedure as a “Response to an
Answer.” Even if you strongly disagree with the statements in the answer, there is no need to file a response. Under Rule 8(d) of the Federal Rules of Civil Procedure, all statements in an answer are automatically denied by the other parties to the lawsuit.”

This is correct, the plaintiff does not have to respond to defendant's answer. However, if the defendants filed an answer and motion to dismiss, you might want to file your opposition to the motion to dismiss. Check the rules that talk about motions and oppositions.

Now, what next? I don’t know! The hand book talks about case management conference. I guess I have to educate myself about this process and get my stuff together and prepare should it go that far, but I hope (and truly hope) that the stupid name check get cleared before the conference. Why I hope so, because I know that the USDA has requested the FBI to expedite my name check in a previous conversation with her.

Does anyone know what is the time line to the next step after the defendants provide their answer? (Whatever that step is!??)

I am sure the defendants are trying to get your case resolved, they just ran out of time that is why they had to file an answer. You should have a paper from court (Order Setting Initial Case Management Conference and ADR Deadlines) that shows the date for the case management conference and the date when the case management statement is due.

You will have to "meet and confer" (deadline 21 days before the conference)with the US Atty. Then you have to file a joint statement, which is usually due 7 days prior to the conference day (Check forms on the court's web site).

The Pro Se Handbook describes this process and the court order has all the steps you need to complete. Good luck to you.
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Glad to meet a hometown folk here

pharmboy said:
I only heard of Matthew Oh in St Paul, his website is, www.immigration-law.com. Try talk to him and see if he handles such a case. Try findlaw.com and talk to the lawyers and see if they take this type of cases.

By the way, I stayed in twin cities from 1997-2002 for school, it has been like my second hometown and I miss Minnesota so much.
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Me too. I lived in the Twincities from 1991-2000, went to school and worked there a little while. Even had the chance to work with two very nice lawyers. Miss the nice people and white snow.

Good luck, Minnesotans!
 
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