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

Or I can send the first return receipt, whomever it is from, along with the "Return of Service" to the Judge in order to start the clock asap, and then send the rest later with the Case Number/Copy of the Summon?
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You know, about that filing the receipt thing. I looked through the Rule Book at the Clerk's Office, and it actually states that the time starts ticking from the LAST of receipts, not the first one. I already asked this question here, I'd like to ask it again - do I read it right?
 
Return receipt

Mikey70 said:
You know, about that filing the receipt thing. I looked through the Rule Book at the Clerk's Office, and it actually states that the time starts ticking from the LAST of receipts, not the first one. I already asked this question here, I'd like to ask it again - do I read it right?
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I remember a while ago somebody here said he/she got a call from the US Attorney even before return recepts were sent to court, and eventually was granted citizenship without going to court. Also I've read people delivered the Summon to US Attorney's office themselves without problem. The US Attorney has an office in the same building as the court house in Oakland. When I asked if I could personally deliver it to his office downstairs, I was told I could try! Then the guy said he would mail it to the San Francisco Office. :confused:

Anyway, I mailed them. I guess the rest of the time I just need to wait, and keep learning from this site.

Thank you.
 
I think it is better to mail to US attorney. I brought the complaint to them by myself, now I am getting scared as I read Federal Rules (4) more closely. I am thinking to ask my friend to serve my complaint to US attorney's office again.

Eastbayer said:
I remember a while ago somebody here said he/she got a call from the US Attorney even before return recepts were sent to court, and eventually was granted citizenship without going to court. Also I've read people delivered the Summon to US Attorney's office themselves without problem. The US Attorney has an office in the same building as the court house in Oakland. When I asked if I could personally deliver it to his office downstairs, I was told I could try! Then the guy said he would mail it to the San Francisco Office. :confused:

Anyway, I mailed them. I guess the rest of the time I just need to wait, and keep learning from this site.

Thank you.
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mayseventh2003 said:
George1965: Congratulations on your recent victory! You gave me hope!

We filled WOM around the same time (Mine is March 7th). I served my US attorney on March 10th, and sent all other letters via certified mail on March 11th. My defendents have up to May 10th to respond to the case. But so far, no progress. I have two questions for you and any other people on the board, and hope you don't mind sharing:

(1) response of US attorney, or lack of. I called three times to the attorney who was assigned to my case, but she never picked up the phone (always answer machine), and never returned my call. Is this typical? What can I do to get her attention? It seems to me that the attorney I have is a tough one. Should I be concerned that she might make my case worse?

(2) I use the same letter format as you posted here (originally Gegemon's), in which I asked for "jury" if the case has to go on trial. I have not seen any cases go through trial from this board, but am preparing if worse things happen what I should do. Do you think having "jury" would make the the process more favorable to me and why or it really does not matter?

I will update my case progress once I hear. Meanwhile, I would really appreciate any tips from your guys on how if I should do something at this point.
---------------------------------------
Here is my case summary:
PD: I140 filled April 2002 under EB2 China
I140 was approved in March 2003
Filled 1485 April 11th, 2003,
Name check initiation date is May 7th, 2003 (got this information from my congresswoman's office)
Finger print was done March 2004
Four work permits and travel documents were requested since March 2003
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if i was you i wont worry wether they call, or they didnt, they are the pro here, they know what they suppose to do, as long as everything filed properly with the court, and the defendents are served, your job is done, let them worry about calling , or making arrangement with you, they have your contact info, they will contact you when they want, on the other hands, you got the court deadline, they are obligated to answer by then, and dont worry, if the case go to trial, wether it is benche or jury trial, you have overwhelming evidence to make your case, and win it, i think people usually dont ask for the jury trial , because, routinly the judges have ruled against USCIS, so that set a clear path, in the future cases, which make the plaintiff more confident , even in cases of jusry trial , the same principles still used, and the same laws, and previous court ruling still applicable.
 
Yesterday I received the reply from FBI for Foipa in regular mail :
Based on the information furnished, a search of the automated indices to our central records system files at fbi headquaters located no records responsive to Foipa request to indicate you have been of investigotery interest to the fbi.The aitomated idices is an index is an index to all records.
Any comments please.
Regards
 
amad said:
Thank You Suzy/mohmed/and Need Solution ,for Your Answers. I'm Going To Try And Amend Wom And Make It A Hearing For Naturlization 1447b If I Can Do That Without Having To Pay The Filing Fees Again...thanKs A Lot
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gue i found one case that in which a plaintiff claimed both, the 1447 hearing on a naturalization, and WOM, i though it might be useful for you.
 
Question and Answer to Agreeing to a Magistrate Judge

QUOTE=Mikey70]Hi

I noticed you asked this question about the availability of the Magistrate Judge - did you accept this? I'm not going to, but maybe it's good?

Thanks

Mike[/QUOTE]


The best thing to do is check with a local immigration attorney who has vast experience in federal litigation against USCIS. They know the judges and they can tell you if it is better to go with that specific magistrate judge or not. This is because they know the judges and they know the personality of these judges and their previous rulings based on previous federal litigation cases against Immigration that these judges ruled on. So it is not a matter of agreeing to a magistrate judge, it is a matter of choosing the right person to be the judge of your case.
 
Sample Summary Judgment Needed

Does anyone have example summary judgments filed by attorneys on previous 1447b cases?



Could you post them here please?
 
Sample Summary Judgment Needed!

Does anyone have example summary judgments filed by attorneys on previous 1447b cases?


Could you post them here please?
 
Sample Summary Judgment Needed!

Does anyone have example summary judgments filed by attorneys on previous 1447b cases?


Could you post them here please?
 
jattindc1 said:
Yesterday I received the reply from FBI for Foipa in regular mail :
Based on the information furnished, a search of the automated indices to our central records system files at fbi headquaters located no records responsive to Foipa request to indicate you have been of investigotery interest to the fbi.The aitomated idices is an index is an index to all records.
Any comments please.
Regards
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how did you get this leytter from the FBI?
it deos sound different, because i have requested this about a year ago, and all i got is the same finger prints stamped " no record" there wasnt any elaboration or detail like what you have metioned.
 
mohamedmohamed said:
how did you get this leytter from the FBI?
it deos sound different, because i have requested this about a year ago, and all i got is the same finger prints stamped " no record" there wasnt any elaboration or detail like what you have metioned.
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mohamedmohamed thanks for the reply, I sent the request for Foipa in the mail with my Social # and A # that was the form I got from the Fbi with the letter I sent them via fax earlier but they need original signatures.
Regards
 
mohamedmohamed, thanks for your words. I have followed your case as well, and my best wishes to you on winning the case soon. -- May
 
Western federal district court

Hello everybody!!
Anyone filing or planning on filing a suit in the Western federal District of Missouri for naturalization or AOS. I am planning on it and would appreciate any input regarding it. I hav researched enough but still any first hand advice or experience specifically in dealing with the Western federal court of missori would be of great help.
thank you all
 
foipa

jattindc1 said:
Yesterday I received the reply from FBI for Foipa in regular mail :
Based on the information furnished, a search of the automated indices to our central records system files at fbi headquaters located no records responsive to Foipa request to indicate you have been of investigotery interest to the fbi.The aitomated idices is an index is an index to all records.
Any comments please.
Regards
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i got a weird letter from FBI which essentially said there was no record and asked me to follow up with the record dept and gave me a case number. wasnt that what i did in the first place. these are stupid letters mailed without any clarity to the process and instead of continuing with the bullshit , i went and filed my case in San jose yesterday. i am sending the summons tomorrow .i was told by the clerk that there are so many such cases being filed in that office in the last 4 months. i was wondering about chosing the magistrate. i didnt know we have to chose someone ourselves. please help clarifying anybody . thanks
 
U. S. Department of Homeland Security Judge:
Office of the General Counsel
U. S. Department of Homeland Security
Washington, D.C. 20258

Should the zip code be 20528 or 20258?
 
I got a simialr FOIPA letter.

Hi,
I received a simialr letter as Jattindc1's. However, my wfie got a letter as most of other people (No record!).

Any comment?
Thanks!

SB




jattindc1 said:
Yesterday I received the reply from FBI for Foipa in regular mail :
Based on the information furnished, a search of the automated indices to our central records system files at fbi headquaters located no records responsive to Foipa request to indicate you have been of investigotery interest to the fbi.The aitomated idices is an index is an index to all records.
Any comments please.
Regards
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Judge

thryen said:
i got a weird letter from FBI which essentially said there was no record and asked me to follow up with the record dept and gave me a case number. wasnt that what i did in the first place. these are stupid letters mailed without any clarity to the process and instead of continuing with the bullshit , i went and filed my case in San jose yesterday. i am sending the summons tomorrow .i was told by the clerk that there are so many such cases being filed in that office in the last 4 months. i was wondering about chosing the magistrate. i didnt know we have to chose someone ourselves. please help clarifying anybody . thanks
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I filed in Oakland and was given the name of the Judge in SF at the spot. I have not finished reading the package that I was told to mail to the defendants yet. My understanding is, both side have to agree if using a magistrate one. Am I right? Why do you want to chose the magistrate, may I ask? BTW, has your case management conference been set up yet?
 
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