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

fightback said:
I dont feel very good after looking at the case in Northern FL district from PACER. There an't much of the case and from what I saw most of the cases were denied. It seems the judge is in favor of the INS.
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Well, you have to remember that every case is different, thus it might mean nothing if you saw mandamus got denied.

Also, the cases you cited as examples were from 1992 and 1993. At that time namecheck for immigration was not even performed. In this threat pretty much all of the lawsuits are due to namecheck delays. Hence, it is hard to make any conclusions as to Judge's rulings without looking into specifics of those cases.
 
buggin said:
Fightback,

Who knows, every case is different. So, stay your course and believe in your Forum name Fightback.
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buggin,thank you much for your reply. Your last sentence made my cry. :eek: Yes, no matter what, I need to fight if not for others but for myself! Thank you for your support!
 
BoFromUkr said:
Well, you have to remember that every case is different, thus it might mean nothing if you saw mandamus got denied.

Also, the cases you cited as examples were from 1992 and 1993. At that time namecheck for immigration was not even performed. In this threat pretty much all of the lawsuits are due to namecheck delays. Hence, it is hard to make any conclusions as to Judge's rulings without looking into specifics of those cases.
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BoFromUkr, Thank you very much for your point of view on this. You are right, these case might be different. I am probably just too worried about my case end up like that. I really can't take it.
 
fightback said:
buggin,thank you much for your reply. Your last sentence made my cry. :eek: Yes, no matter what, I need to fight if not for others but for myself! Thank you for your support!
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Fighback,
You are very welcome. I didn't mean to make you cry though... :)
There are moments when I don't feel confident about my case either. Then, I think that there is no sense for me to go back where I was before my lawsuit. So, why not go forward?
 
fightback said:
I am probably just too worried about my case end up like that.
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I know it's easier said than done, but do not worry. Try to forget about your case after you send out summons.

The majority of cases will get resolved right away (60 days) and you might not even have to talk to US Atty.
 
cajack said:
drgeorge:

I live in California and I talked to an attorney in San Francisco. I want to do the same thing you do to look him up in the pacer. Could you share with me your experience and steps of doing it?

Thanks,

Jack
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Hi Jack

I registered for PACER, went to the US dictrict court of N. IL website. You should find the website of your court in there too. Once inside, I searched with Chertoff as an interested party. The cases that come up show the attorney's name. You can choose an attorney and search by his/her name as well to find about experience etc.

When I called some of these attorneys, they had no idea of what PACER is. That is scary.. Anyway, I chose one who seemed to know what he was doing and charged a reasonable amount.

Hope this helps

drgeorge
 
drgeorge:

Could you give me the PACER website address? Is it free to register for PACER?

Thanks,

jack
drgeorge said:
Hi Jack

I registered for PACER, went to the US dictrict court of N. IL website. You should find the website of your court in there too. Once inside, I searched with Chertoff as an interested party. The cases that come up show the attorney's name. You can choose an attorney and search by his/her name as well to find about experience etc.

When I called some of these attorneys, they had no idea of what PACER is. That is scary.. Anyway, I chose one who seemed to know what he was doing and charged a reasonable amount.

Hope this helps

drgeorge
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Hello all,

Today I received the following from U.S. Attorney, Central District of California:

Dear Mr. XXXXXXXX

We have received the Summons and Complaint which you addressed as follow:

The U.S. Attorney Office
Central District of California
Civil Division
300 North Los Angeles Street
Los Angeles, CA 90012

The purpose of this letter is to inform you that you have not properly effected service upon the United States Attorney as required by Federal Rule of Civil Procedures 4(I)(1)(A) (as amended). That rule provides that service upon the United States shall be effected as follows:

“(A) By delivering a copy of the Summons and of the Complaint to the United States Attorney for the district in which the action is brought or to an Assistant United States Attorney or clerical employee designated by the United States Attorney in a writing filed with the Clerk of the Court or by sending a copy of the Summons and of the Complaint by registered or certified mail addressed to the Civil Process Clerk at the office of the United States Attorney…”

This letter is being sent to you in order that you will know our position regarding service of process at the earliest possible time.

Very truly yours,

XXXXXXXXX
United States Attorney




- I contacted the US attorney who handles my case, and I told him that I sent the summons and complaint via certified mail to the above address, so what is the problem?! He said, you need to address it to the Civil Process Clerk. He ask me to resend it. I said OKAY what about the 60 days? Will count from the first or the second. He said from the receive of the second mail!!!
- Have anyone in this thread faced something like that?? If so, what should I do
- Any comments are greatly appreciated
 
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Does anyone know any good immigration lawyer who will file WOM for my case ? Or do I need a lawyer ? ...what do most of the people on this forum do ? Please reply when u get a chance ..thanks
 
That's really wierd. I addressed my certified mail to the US Attorney. Had no problems after that. Only time I had to differentiate between civil and criminal was when you call the office and you need to speak with someone regarding your case.
 
Has anybody filed pending name check suit in Southern district of California

Hi, has anybody filed suit against USICS, DHS in southern district of California? Would you please share these information here.

I had my N-400 interview on 6/6/06, and I am contemplating a I1447B suit
after I exhaust all other options. Thanks much for sharing. Sharing of knowledge make use stronger and wiser.

Skyhigh
 
Omda said:
Hello all,
- I contacted the US attorney who handles my case, and I told him that I sent the summons and complaint via certified mail to the above address, so what is the problem?! He said, you need to address it to the Civil Process Clerk. He ask me to resend it. I said OKAY what about the 60 days? Will count from the first or the second. He said from the receive of the second mail!!!
- Have anyone in this thread faced something like that?? If so, what should I do
- Any comments are greatly appreciated
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Omda,
It looks like they are trying to buy some more time to get your matter resolved.
Having said that, they might challenge your service on the US Attorney when and if they file their answer to your complaint.
In the best case, the court will just ignore the US Attorney's challenge of such a technicality. Maybe it wouldn't be such a bad idea to contact the court clerk and ask them what to do.
In the worst case, you will have to re-mail or re-serve the complaint and the summons on the US Attorney again, which will re-start the 60-day clock. You will just need to add Civil Process Clerk to the address you have.
Good luck!
 
Yes, Finale did and he tried to remind me earlier too. Check his posts

Omda said:
Hello all,

- Have anyone in this thread faced something like that?? If so, what should I do
- Any comments are greatly appreciated
Click to expand...

You should be fine once resending the package. :)

Relax.
 
GCWaitLA said:
Does anyone know any good immigration lawyer who will file WOM for my case ? Or do I need a lawyer ? ...what do most of the people on this forum do ? Please reply when u get a chance ..thanks
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Hi GCWaitLA,

Most of the people on this forum file their petitions and WOMs Pro Se (themselves). You don't really need a lawyer to file it.

However, in some cases, it is advisable to hire a lawyer, depending on your facts and details. If it is a complicated case, you will need professional help.
 
buggin said:
Omda,
It looks like they are trying to buy some more time to get your matter resolved.
Having said that, they might challenge your service on the US Attorney when and if they file their answer to your complaint.
In the best case, the court will just ignore the US Attorney's challenge of such a technicality. Maybe it wouldn't be such a bad idea to contact the court clerk and ask them what to do.
In the worst case, you will have to re-mail or re-serve the complaint and the summons on the US Attorney again, which will re-start the 60-day clock. You will just need to add Civil Process Clerk to the address you have.
Good luck!
Click to expand...
buggin,

I reached the exact same conclusion that they want to buy extra time for their response.
However, the fact that they might challenge the service if they file a response is what i did not think about...

I will contact the court clerk

Thanks buggin
 
Thanks Buggin ...my case is not complicated , i have a clean background ..i have been waiting on GC since October03 (I-485/I130 filing) date on basis of marriage to a USC , was interviewed in Jun'04 - since then i have been waiting on background check/ Name Check ...Have written to Senators, Congressman ...USCIS ..finally i filed a FOIPA with FBI last week ...do you know how long does it take for FBI to get back to you ? Im just covering my base prior to WOM ..
 
GCWaitLA said:
Thanks Buggin ...my case is not complicated , i have a clean background ..i have been waiting on GC since October03 (I-485/I130 filing) date on basis of marriage to a USC , was interviewed in Jun'04 - since then i have been waiting on background check/ Name Check ...Have written to Senators, Congressman ...USCIS ..finally i filed a FOIPA with FBI last week ...do you know how long does it take for FBI to get back to you ? Im just covering my base prior to WOM ..
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It looks like you are on the right path, collecting evidence.

It is up to you whether to hire a lawyer or not. Believe me, you can prepare the complaint yourself. A lot of people here did it. It will save you money. Some of us here have to deal with the US Attorneys filing answers to their complaints and motions to dismiss. It would help to have a lawyer in this situations, however, not required.

I filed my FOIPA on about 5/22 and I am still waiting for their response. However, on 5/30 when I was on my way to the court to file my petition, I got a call from a very nice and sweet lady from the FBI. She just wanted to clarify my request, so that she could put my FOIP in the "right box." :eek: The problem is, I don't know how big that box is. My FOIP could be at the very bottom.....

Oh well, I don't really need their response. I did put in my petition thought that I filed FOIPA on 5/22 and have yet to receive a response from the FBI. That will show the court how long it takes to get anything out of them or USCIS.

By the way, I am still waiting to get anything from my Congresswoman's office. They said they were going to inquire on my behalf.... Still waiting.....
 
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Omda said:
Hello all,

Today I received the following from U.S. Attorney, Central District of California:

Dear Mr. XXXXXXXX

We have received the Summons and Complaint which you addressed as follow:

The U.S. Attorney Office
Central District of California
Civil Division
300 North Los Angeles Street
Los Angeles, CA 90012

The purpose of this letter is to inform you that you have not properly effected service upon the United States Attorney as required by Federal Rule of Civil Procedures 4(I)(1)(A) (as amended). That rule provides that service upon the United States shall be effected as follows:

“(A) By delivering a copy of the Summons and of the Complaint to the United States Attorney for the district in which the action is brought or to an Assistant United States Attorney or clerical employee designated by the United States Attorney in a writing filed with the Clerk of the Court or by sending a copy of the Summons and of the Complaint by registered or certified mail addressed to the Civil Process Clerk at the office of the United States Attorney…”

This letter is being sent to you in order that you will know our position regarding service of process at the earliest possible time.

Very truly yours,

XXXXXXXXX
United States Attorney




- I contacted the US attorney who handles my case, and I told him that I sent the summons and complaint via certified mail to the above address, so what is the problem?! He said, you need to address it to the Civil Process Clerk. He ask me to resend it. I said OKAY what about the 60 days? Will count from the first or the second. He said from the receive of the second mail!!!
- Have anyone in this thread faced something like that?? If so, what should I do
- Any comments are greatly appreciated
Click to expand...


Omda,

I received the same letter on Saturday. I think they are really trying to "bury" pro se filers in technicalities and trying to buy some extra time. I re-send the whole thing today. I am gonna wait till I get return receipt but then I will ask the clerk at the court - what's up with this and have they (US Att office)tried to pull off stunts like this in the past. Will the Judge agree with it?
 
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