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

[Eastbayer]

My 2 c

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?

When I filed at the N. CA court (Oakland), the Clerk specifically reminded me that I should send my petition to the Civil Branch, and he actually found out the address for me from the directory. Another member of this forum, Finale, who filed in LA (Central CA) had similar experience. He had to resend his package due to the same mistake back in April. But his case (GC/name check pending) got resolved in about a month after the 2nd mail sent, and he's got his GC now. There is specific instruction in the Pro Se handbook about serving the defendants of civil or criminal cases. Try to think about how many cases the Court has to deal with everyday. Your mail could be forwarded to the wrong office or simply have a tour in the courthouse for days .

Once you start working with the US Att., at least those in CA, you would find they are much nicer and professional than the USCIS staff . I may tend to look at the bright side. But I think our life has been very stressful because of this name check mess. Try not to panic. The US Attorney is not necessarily our enemy.

Good luck.

 

[GCWaitLA]

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." 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.....

Thanks for info ...let me read up a little on this forum

 

[dks35]

Once you start working with the US Att., at least those in CA, you would find they are much nicer and professional than the USCIS staff . I may tend to look at the bright side. But I think our life has been very stressful because of this name check mess. Try not to panic. The US Attorney is not necessarily our enemy.

Good luck.

You may be right, Eastbayer. In my case, file was in fact sent to the Civil Division, to the address where the Clerk's office is - correct location. It's just the addressee was named US Attorney. I can't believe US Attorney opens his mail - there is staff and they should be able to sort it. But - I agree, rules are rules and they need to be followed, and if a mistake is made, I will correct it.

To the most part, from what I heard, US Attorney office does not like CIS...

 

[syt]

When I filed at the N. CA court (Oakland), the Clerk specifically reminded me that I should send my petition to the Civil Branch, and he actually found out the address for me from the directory. Another member of this forum, Finale, who filed in LA (Central CA) had similar experience. He had to resend his package due to the same mistake back in April. But his case (GC/name check pending) got resolved in about a month after the 2nd mail sent, and he's got his GC now. There is specific instruction in the Pro Se handbook about serving the defendants of civil or criminal cases. Try to think about how many cases the Court has to deal with everyday. Your mail could be forwarded to the wrong office or simply have a tour in the courthouse for days .

Once you start working with the US Att., at least those in CA, you would find they are much nicer and professional than the USCIS staff . I may tend to look at the bright side. But I think our life has been very stressful because of this name check mess. Try not to panic. The US Attorney is not necessarily our enemy.

Good luck.

Eastbayer,

So, what is the correct address for San Francisco U.S. Attorney's Office? From its website, the address is:

United States Attorney's Office
450 Golden Gate Avenue
11th Floor
San Francisco, CA 94102

Is this correct?

Thanks,
syt

 

[NameCheck!]

FOIA Request

I need your help.

Could you please explain in detail what it means if the FOIA request comes back "No Record"? Doest it mean you've pass all the security check or what? My name check has been pending since 3/11/05. Why is that when my FOIA came back good?

 

[buggin]

10th floor - Civil Division

Eastbayer,

So, what is the correct address for San Francisco U.S. Attorney's Office? From its website, the address is:

United States Attorney's Office
450 Golden Gate Avenue
11th Floor
San Francisco, CA 94102

Is this correct?

Thanks,
syt

Syt,

If you are going to mail the complaint and summons to the US Atty's office, write "Civil Process Clerk" at the top of the address.

Also, the Civil Division is located on the 10th floor. When my husband went to serve the papers, he went to the 11th floor and they sent him to the 10th.

 

[Eastbayer]

The address I used

Syt,

If you are going to mail the complaint and summons to the US Atty's office, write "Civil Process Clerk" at the top of the address.

Also, the Civil Division is located on the 10th floor. When my husband went to serve the papers, he went to the 11th floor and they sent him to the 10th.

Syt and Buggin,

I mailed my summon, and the address I was given by the Clerk in Oakland is:

US Attorney, Civil Division/Torts Branch
450 Golden Gate Ave., #7-5395
P. O Box 36028
San Francisco, CA 94102-3463

 

[Mr LA]

Hello all

Hello all

All this is a game, 1447b and the whole thing. that is why you most know how to play their game, learn how, it's easy, they are playing by the rule so learn them it's easy. Try to avoid wasting time, they are gain from your time waste

PS,
That is why I offer to show my case to anyone over a cup of coffee, but who is learning.

I wish the best to all of us.

 

[FedoraCore]

Haddy, I think you need to convience the court why they shouldn't dismiss your case. you didnt address that at all. The AUSA is asking for dismissal, he can ask for dismissal 3 days after you file your suit or 30 days. You requesting an extension is not going to address the situation that you need to handle the dismissal mostion. you have to reply to this motion, otherwise your case will be dismissed for lack of jurisdiction and you have created a precident for your self and others. You need to write an argument as soon as possibe and submit it to the court on why the AUSA argument is FALSE. READ MY LIPS "HIS MOTION CAN BE GRANTED NOW AT ANYTIME" In the view of the court, you are asking for an extension for a law suit that you filed that lacks jurisdiction. you requesting an extension is not an argument is to why the court has jursidiction. What is the point of requesting an extension of lawsuit that is lacking jurisdiction???

I think they have no idea what in the hell is going on... i went to an infopass right after i recd the motion to dismiss from AUSA on my case... just to confirm if by any chance they can confirm if in real my name check was expedited,.. they infopass rep (who is the rudest woman rep i have ever seen in USCIS) on the window including their supervisor had no idea if my name check was expedited... if you remember my case the declaration of Luis Borges who is also a supervisory in designation said that my name check was expedited... i knew what i was getting into in the uscis district office... felt like i was in bunch of m-r-ns dum f$@#$%^ ideots... i thaught there is no use banging my head into the walls... in the i surrendered and told them probably their system is different than the people system above them and that is why they dont know about my case... so I HEAR YA... I think the only solution to get USCIS to work properly would be by overhauling the whole internal system of USCIs from top to bottom..... I think govt will have to hire an auditing firm and clean the mess up... this whole thing is just dumm... first they yell at ya and then they make you feel like criminals... anyways... i am sorry i just had to s--t it out... sorry Suzy. and everyone else... i just could not resist... apologize for bad mouth...

 

[BoFromUkr]

Haddy, I think you need to convience the court why they shouldn't dismiss your case. you didnt address that at all. The AUSA is asking for dismissal, he can ask for dismissal 3 days after you file your suit or 30 days. You requesting an extension is not going to address the situation that you need to handle the dismissal mostion. you have to reply to this motion, otherwise your case will be dismissed for lack of jurisdiction and you have created a precident for your self and others. You need to write an argument as soon as possibe and submit it to the court on why the AUSA argument is FALSE. READ MY LIPS "HIS MOTION CAN BE GRANTED NOW AT ANYTIME" In the view of the court, you are asking for an extension for a law suit that you filed that lacks jurisdiction. you requesting an extension is not an argument is to why the court has jursidiction. What is the point of requesting an extension of lawsuit that is lacking jurisdiction???

Please do not scare Haddy
I agree that he needs to respond to Motion sooner or later.
But if he desires, he can ask court to give him more time to file a response.
US Atty's Motion can not be granted any time. There is a default period given to Plaintiff to respond (in my district 15 days + 3day mail rule)
Also, even if Haddy does not respond, since it's a Pro Se case I doubt Judge would dismiss it based on Defendant's Motion - but I do NOT recommend going this route. It's much better idea to respond.
Also in the case, Judge grants this type of motion, Haddy can file the lawsuit again - I'm pretty sure about this one.

 

[FedoraCore]

Please do not scare Haddy
I agree that he needs to respond to Motion sooner or later.
But if he desires, he can ask court to give him more time to file a response.
US Atty's Motion can not be granted any time. There is a default period given to Plaintiff to respond (in my district 15 days + 3day mail rule)
Also, even if Haddy does not respond, since it's a Pro Se case I doubt Judge would dismiss it based on Defendant's Motion - but I do NOT recommend going this route. It's much better idea to respond.
Also in the case, Judge grants this type of motion, Haddy can file the lawsuit again - I'm pretty sure about this one.

I am not trying to scare him. I would like him to keep fighting. What I was trying to get across is that he needs to take it seriously and do more research on pacer and file a reply. I am sure he can do it. I am pretty sure that the Judge is not going to approve the AUSA motion automatically, because he knows he is a PROSE, but still the judge can be persuaded. Don't want to scare HAddy. Keep going, at least you are trying. The judge will respect you for that.

 

[mohamedmohamed]

Haddy, I think you need to convience the court why they shouldn't dismiss your case. you didnt address that at all. The AUSA is asking for dismissal, he can ask for dismissal 3 days after you file your suit or 30 days. You requesting an extension is not going to address the situation that you need to handle the dismissal mostion. you have to reply to this motion, otherwise your case will be dismissed for lack of jurisdiction and you have created a precident for your self and others. You need to write an argument as soon as possibe and submit it to the court on why the AUSA argument is FALSE. READ MY LIPS "HIS MOTION CAN BE GRANTED NOW AT ANYTIME" In the view of the court, you are asking for an extension for a law suit that you filed that lacks jurisdiction. you requesting an extension is not an argument is to why the court has jursidiction. What is the point of requesting an extension of lawsuit that is lacking jurisdiction???

i agree with you in part, the motion need to be adress, however he can ask for extention to file that argument, which will give him some time to see where everything is going.
he is not filing a motion to extend the case, he is filing a motion to for an extention for the period of time required to adress the the US attorney;s motion to dismiss the case, and his reason for that is clear, if the uscis claims that they have everything they supposed to do, then an extention would be appropriate so the court, can see what result is going to come out of the uscis efforts, if the any favourable result acheived in this period( his application approved) then everyone work is done, but if nothing changes the n, he can go back to the court, and say look, nothing they have done made any difference, am still stuck, i still dont know how long it is going to take, they owe a duty to ake decision in a reasonable time, they have failed to do that in the before i sued them, and they have failed to do thatafter i sued them, and the court can see clearly that an intervention is needed to compel thwm to do their job, and see that there is a good reason to give them a definte period of time to do that.

 

[syt]

Syt,

If you are going to mail the complaint and summons to the US Atty's office, write "Civil Process Clerk" at the top of the address.

Also, the Civil Division is located on the 10th floor. When my husband went to serve the papers, he went to the 11th floor and they sent him to the 10th.

Syt and Buggin,

I mailed my summon, and the address I was given by the Clerk in Oakland is:

US Attorney, Civil Division/Torts Branch
450 Golden Gate Ave., #7-5395
P. O Box 36028
San Francisco, CA 94102-3463

Thanks you so much for quick response. So, the recipient is not "Kevin V. Ryan, U.S. Attorney General" but "Civil Process Clerk".

 

[buggin]

i agree with you in part, the motion need to be adress, however he can ask for extention to file that argument, which will give him some time to see where everything is going.
he is not filing a motion to extend the case, he is filing a motion to for an extention for the period of time required to adress the the US attorney;s motion to dismiss the case, and his reason for that is clear, if the uscis claims that they have everything they supposed to do, then an extention would be appropriate so the court, can see what result is going to come out of the uscis efforts, if the any favourable result acheived in this period( his application approved) then everyone work is done, but if nothing changes the n, he can go back to the court, and say look, nothing they have done made any difference, am still stuck, i still dont know how long it is going to take, they owe a duty to ake decision in a reasonable time, they have failed to do that in the before i sued them, and they have failed to do thatafter i sued them, and the court can see clearly that an intervention is needed to compel thwm to do their job, and see that there is a good reason to give them a definte period of time to do that.

I agree with the request for extension. I disagree, however, with the reasoning behind it.

Every party has a right to ask the court for more time to respond to a motion. However, you cannot claim that the reason you need more time is to give defendants a chance to resolve the matter. This is what the plaintiff has already asked in his/her complaint.

From the defendants' motion to dismiss, it is clear that they are not willing to resolve the matter (I am sure it is not true in reality. In reality, they are probably trying to expedite the name check). So, the plaintiff cannot ask the court to give the defendants more time. The plaintiff should ask the court to give the plaintiff more time to prepare his/her response to defendants' motion to dismiss due to his/her illness or some other exusable reason.

Haddy, read rules on motions, responding to motions, and if you need more time to respond to motions. You can find them in the Pro Se Handbook.

I am with BoFromUkr - I believe Haddy should prepare his opposition to defendants' motion to dismiss backed with appropriate law. The rules say that the judge has a discression to deny defendants' motion to dismiss, grant it "with leave to amend" (meaning, the judge may give plaintiff a chance to correct his/her complaint), or grant it "with prejudice" (meaning, the defendants will win).

Anyway, these are my 2 c.

 

[milashka]

update

Hi everyone,
Not much going on yet. According to USPS confirmation emails other 4 Defendants have been served with summons and my complaint by USPS service. But I am still waiting for the green cards. My Post office ask me to wait another week for the green cards. If I dont get them after that period of time they will give me their confirmation print outs for free
Well, I will wait till next Monday.
Meanwhile the clerk of the District Court filed on PACER my proof of service to the local USCIS office and also assigned the "answer due on 7/3/2006" for this Defendant. So, in my understanding, the local USCIS has less then 14 days to place their answer, right? I am really confused about the dead line for the US Att of the District office because the court didnt assign such date for the local US Att at all. Then how should I know what time frame the Local US Att has for his reply to my complaint???
Any comments, please?

 

[buggin]

Thanks you so much for quick response. So, the recipient is not "Kevin V. Ryan, U.S. Attorney General" but "Civil Process Clerk".

Yes, that is what the Pro Se Handbook says.
I had my husband to serve in person. I kind of thought that I might do something wrong and it would cost me a few days of delay, that is why I decided to have someone to serve in person.

 

[buggin]

Hi everyone,
Meanwhile the clerk of the District Court filed on PACER my proof of service to the local USCIS office and also assigned the "answer due on 7/3/2006" for this Defendant. So, in my understanding, the local USCIS has less then 14 days to place their answer, right? I am really confused about the dead line for the US Att of the District office because the court didnt assign such date for the local US Att at all. Then how should I know what time frame the Local US Att has for his reply to my complaint???
Any comments, please?

Milashka,

When I checked my case on PACER, it showed that defendants' answer was due 20 days from the day the US Atty was served. I thought, when the court clerk enters the date the US Atty was served into the database, it automatically calculates the answer due date 20 days later (because according to my court's local rules, most of the answers are due in 20 days, unless the defendant is a US agency.... then the answer is due in 60 days.

In your case, it is 14 days. I wouldn't worry about this. The US Atty is not going to file an answer in 14 days. They usually do it on the last day.

 

[milashka]

Milashka,

When I checked my case on PACER, it showed that defendants' answer was due 20 days from the day the US Atty was served. I thought, when the court clerk enters the date the US Atty was served into the database, it automatically calculates the answer due date 20 days later (because according to my court's local rules, most of the answers are due in 20 days, unless the defendant is a US agency.... then the answer is due in 60 days.

In your case, it is 14 days. I wouldn't worry about this. The US Atty is not going to file an answer in 14 days. They usually do it on the last day.

buggin, thank you for the quick response. Now it is more clear for me.

 

[maoliz]

Does anyone know "remand the case"?

I got an email from AUSA:

Dear XXX: I received an email from USCIS stating that your application will be approved and that you may be able to take the oath on July 26 or
thereabouts. They have asked me take action to remand the case - I'm not sure what that means and once I am informed what that means I will do so.

A few minutes later, I got another email from him:

Okay, I found out how to remand. If you agree, we can file a joint motion to have your case remanded for 60 days. The agency will then adjudicate your
application. It can not adjudicate the application while it is pending before the district court. Do you agree to file a joint motion to remand. If so I
will draft it and file it. Your signature will not be necessary as long as you give me approval to draft and file it.
*******************

I'm so excited and can't believe it's almost over. However, can anyone explain the meaning of "remand the case for 60 days"? What's the difference between "dismiss the case" and "remand the case"? Should I agree to his suggestion? Please advise. Thanks!

I

 

[Suzy977]

I got an email from AUSA:

Dear XXX: I received an email from USCIS stating that your application will be approved and that you may be able to take the oath on July 26 or
thereabouts. They have asked me take action to remand the case - I'm not sure what that means and once I am informed what that means I will do so.

A few minutes later, I got another email from him:

Okay, I found out how to remand. If you agree, we can file a joint motion to have your case remanded for 60 days. The agency will then adjudicate your
application. It can not adjudicate the application while it is pending before the district court. Do you agree to file a joint motion to remand. If so I
will draft it and file it. Your signature will not be necessary as long as you give me approval to draft and file it.
*******************

I'm so excited and can't believe it's almost over. However, can anyone explain the meaning of "remand the case for 60 days"? What's the difference between "dismiss the case" and "remand the case"? Should I agree to his suggestion? Please advise. Thanks!

I

As you know, as soon as you file under 1447(b) in a District Court USCIS loses jurisdiction over the case.

In order to adjudicate the case is has to be remanded ( sent back) to USCIS.

Practically you don't dismiss your case, you just send it back to USCIS for adjudication.

If US Attorney guarantees you that your naturalization will be approved you're OK.

P.S. Save all these email, on paper and on your hard drive...just in case