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

[Screaming_Eagle]

Am I not supposed to wait for the 120-day period? In regards of help, I see what you mean, I would appreciate advice, guidance and strategy, not that I thought anyone would file a lawsuit for me. I appreciate your advice.

Welcome on board Bushmaster. Check your emails. I sent you a private message via the forum. I am prior service with the US Army. The difference is, you are still in and need to be some what careful with the type of action against USCIS you need to take. You also have priority over many applicants.
Air Assault,

Screaming_eagle

 

[Mr LA]

Am I not supposed to wait for the 120-day period? In regards of help, I see what you mean, I would appreciate advice, guidance and strategy, not that I thought anyone would file a lawsuit for me. I appreciate your advice.

Hello Bush Master,

See my friend, None of us wants to go to court or anything like that. We have a life and families to care for … The language of 8 USC 1447(b) says:

If there is a failure to make a determination under section 1446 of this title before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.

So, after 120 days from the day of your interview, the only good place for you is the court house. we all here for each other and to help each other for advices, and trust me it helps big time. Join this big family and you will learn a lot …. So welcome to the family.

 

[Suzy977]

Am I not supposed to wait for the 120-day period? In regards of help, I see what you mean, I would appreciate advice, guidance and strategy, not that I thought anyone would file a lawsuit for me. I appreciate your advice.

120 days after the interview, you can file a Petition for Hearing under 8 USC, 1447(b) in a US District Court.

The 60 days Mr. LA was referring to, is the time frame within the defendants have to respond in court, and usually when most of the litigations are solved (favorably)

If you'll be deployed in March 2007...I guarantee you'll be a citizen by then.

This thread is all what you need to read and educate yourself.

Stick around.

 

[Bushmaster]

Thank you so much. I will keep reading and will let you know what military lawyer will say to me on the 7th.

 

[saden1]

Thanks buggin and kabi24. I appreciate your help.

 

[saden1]

I have a question regarding I-485 Civil Statutes. On the Court civil action cover sheet it asks me to cite the U.S. Civil Statute under which I am filling. I don't really know what to put there...Basically I'm following the same formula others have followed here in their I-485 suit and I want Writ Mandamus and have my application processed.

I think the answer to my question is 28 USC Sec. 1331 and Sec. 1361 but I'm not entirely sure.

Any help you can give me would be appreciated.

 

[Haddy]

Why the case gets dismissed w/o prejudice?

Suzy,

I was looking at some cases in Michigan where the Defendants never answered to the complaint and never even assigned a US Atty... these cases got dismissed without prejudice by the Judge... I didn't understand the technicality... may be it is considered as the win win situation...

 

[Haddy]

2 months ago the Arab groups over the country sue that bloody wicked shameless USCIS for immigration delays.

Any person here have any visibility into the progress or the outcome?

Do you know about the case # district court name and date or other kind of files or I mean any weblinks where you saw that the Arab groups have filed a case against USCIS...

 

[Haddy]

If the case is dismissed without prejudice, the defendants do not have to answer to the complaint any more. The case is closed. The just issues an order to dismiss the case. And that is it.

Thank you Buggin...

 

[Suzy977]

Suzy,

I was looking at some cases in Michigan where the Defendants never answered to the complaint and never even assigned a US Atty... these cases got dismissed without prejudice by the Judge... I didn't understand the technicality... may be it is considered as the win win situation...

It sounds impossible to me Not that I'm saying that you don't know what you're talking about, but how can a Judge dismiss a case just like that???

Maybe the Plaintiff never served the US Attorney? Is their responsibility to assign an US Attorney to the case and to reply within 60 days...otherwise, the Plaintiff can file a motion to enter a judgment by default.

 

[query11]

It sounds impossible to me Not that I'm saying that you don't know what you're talking about, but how can a Judge dismiss a case just like that???

Maybe the Plaintiff never served the US Attorney? Is their responsibility to assign an US Attorney to the case and to reply within 60 days...otherwise, the Plaintiff can file a motion to enter a judgment by default.

guess what?
all my posts magically disappeared...someone had it deleted...

 

[Haddy]

It sounds impossible to me Not that I'm saying that you don't know what you're talking about, but how can a Judge dismiss a case just like that???

Maybe the Plaintiff never served the US Attorney? Is their responsibility to assign an US Attorney to the case and to reply within 60 days...otherwise, the Plaintiff can file a motion to enter a judgment by default.

Suzy,

I was WOWed too when I saw these two cases... Here I am writing these down for you... what do you think about them...
Murad V Chertoff et al. Case 2:05-cv-71938-MOB-RSW (Eastern D Michigan)
Sawa V Chertoff Case 2:05-cv-74323-MOB-VMM (Eastern D Michigan)

 

[samson_33]

Filing WOM - couple fo ques..

I prepared the draft of my lawsuit (WOM for I485 pending Name check) and will be filing from VA.

A couple of quick questions..

1. can some one please send the list of Defendents and their addresses to serve. This has changed a couple of times so want to make sure.

2. As part of the section for PRAYER, in addition to
a>requiring Defendents to provide Plaintiff with Notice of Approval,
b> granting such other relief at law etc..
I am planning to add something that says to have the Approval Date in the past(per processing date for Vermont Service center based on my receipt date, which would have been in JAN'05), so as to compensate for all the lost time and allow me to file for US citizenship in timely manner.

Has anyone added any similar clause in their Lawsuit (WOM)? Can we add such a clause? OR something to allow me to apply for Citizenship in 3 yrs instead of 5 years? What can be the impact of this? Can someone provide better words to put such clause in a legal format..

Appreciate your help..

 

[Screaming_Eagle]

Suzy,

I was WOWed too when I saw these two cases... Here I am writing these down for you... what do you think about them...
Murad V Chertoff et al. Case 2:05-cv-71938-MOB-RSW (Eastern D Michigan)
Sawa V Chertoff Case 2:05-cv-74323-MOB-VMM (Eastern D Michigan)

Haddy,

I was curious about the above mentioned cases. I checked the first one (Murad V Chertoff et al. Case 2:05-cv-71938-MOB-RSW Eastern Michigan). It appears that the defendants defaulted on this case. They did not respond within the 60 days period, the clerk entered defaulted motion against defendants. Later on, both defendants and plaintiff filed Motion to dismiss without prejudice and the judge granted it. I have not checked the second case and assumed it might have similar situation.

Check the attached documents on Murad case.

 

[Suzy977]

Haddy,

I was curious about the above mentioned cases. I checked the first one (Murad V Chertoff et al. Case 2:05-cv-71938-MOB-RSW Eastern Michigan). It appears that the defendants defaulted on this case. They did not respond within the 60 days period, the clerk entered defaulted motion against defendants. Later on, both defendants and plaintiff filed Motion to dismiss without prejudice and the judge granted it. I have not checked the second case and assumed it might have similar situation.

Check the attached documents on Murad case.

Now it makes sense

 

[dumbboy]

Question

I filed my WOM on June 16, 2006. Today, I sent a letter to the US Attorney
explaining that USCIS can request Name Check expedition. Another reason of
sending the letter is to remind the US attorney to work on my case.

Is this letter appropiate in the procedural wise?

Dumbboy

 

[buggin]

Guys, I have just joined the convoy of NAME-CHECK victims, hear me out...

Bushmaster, welcome to this forum and thank you for serving to protect the country and the people. My sincere respect and best wishes to you.

I have a military naturalization application pending some "background checks"

Sorry to hear that your case is stuck in the name-check black hole. It was upsetting that it happenned to me, but it is even more upsetting that it happens to people who risk their own lives to serve this country. All that crap about military servicemen having a fast-track opportunity to become citizens.... Oh well, no system is perfect. We just need to know how to deal wiht imperfections....

I need a strategy to follow and I am hoping someone here can help me. I have already set up an appointment with the Legal Center on my military post, however I am not confident that military lawyers are knowledgeable on this issue. Furthermore I am hesitant to do it myself, I don't know if I would be restricted as a military member to serve a lawsuit to US govn't, or I might be deployed by the time the lawsuit reaches a result. My projected deployment is May 2007.

I would advise you not to hurry into any decisions. I agree with Screaming Eagle that you need to weigh all pros and cons before you decide to sue the government due to your nature of service. I think it would be better to try to get your case resolved out of court. And I think it would be better for you to try to go up the chain of command if it makes sense (you wouldn't want to get someone upset by going around them I guess). Talk to your CO, his CO, JAG, etc. Write letters to your local congresspeople and senators. I know most of the time letters don't help (like in my case), but maybe in your case they would because you are a military serviceman. You should get a different treatment and an expedited naturalization. Write a letter to the President and explain your situation.

Please give me a hand here and guide me. I appreciate it.

I fnothing else, you will always find support and encouragement here.

 

[buggin]

Maybe the Plaintiff never served the US Attorney? Is their responsibility to assign an US Attorney to the case and to reply within 60 days...otherwise, the Plaintiff can file a motion to enter a judgment by default.

Normally, there is a duty for parties to "appear" in a court proceeding. Plaintiff's first appearance is when he/she files a complaint. Defendants appear when they file an answer to the complaint.

There is no duty to assign any attorneys and file the names of the attorneys with the court. When defendants file their answer to the complaint (which always happens on the last day of the allowed time period to respond), the answer states the names of the attorneys representing defendants.

Since our kind of cases usually get resolved even before the defendants' answer is filed, sometimes there is no mention of a US Atty assigned to the case. When I look at my case info on PACER, it doesn't have any US Atty's name, even though I know that a US Atty is working to resolve my case.

So, just because there is no info about a US Atty or a defendants' answer, it doesn't mean that the judge dismissed the case without any cause, especially "without prejudice." If one of the parties did not "appear," the case would be dismissed "with prejudice."

 

[buggin]

I prepared the draft of my lawsuit (WOM for I485 pending Name check) and will be filing from VA.

A couple of quick questions..

1. can some one please send the list of Defendents and their addresses to serve. This has changed a couple of times so want to make sure.

These are the defendants I served my petition on:

Alberto R. Gonzales, United States Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001

Michael Chertoff, Secretary of the Department of Homeland Security
Office of the General Counsel
US Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528

Emilio T. Gonzalez, Director of USCIS
U.S. Citizenship and Immigration Services
Department of Homeland Security
Office of the General Counsel
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528

Robert S. Mueller, III, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pensylvania Ave., NW
Washington, DC 20535-0001

Director of your local USCIS District Office

Your local US Attorney Office

2. As part of the section for PRAYER, in addition to
a>requiring Defendents to provide Plaintiff with Notice of Approval,
b> granting such other relief at law etc..
I am planning to add something that says to have the Approval Date in the past(per processing date for Vermont Service center based on my receipt date, which would have been in JAN'05), so as to compensate for all the lost time and allow me to file for US citizenship in timely manner.

Has anyone added any similar clause in their Lawsuit (WOM)? Can we add such a clause? OR something to allow me to apply for Citizenship in 3 yrs instead of 5 years? What can be the impact of this? Can someone provide better words to put such clause in a legal format..

This is America! You may ask the court anything you want to. However, the court has no duty to grant you all the things you ask for. You need to make sure your requests are reasonable and are backed by appropriate law.

There is no law that says that courts may grant your petition with an approval date in the past. I don't believe any judge would agree to do that. I think it would be more reasonable to ask the court to grant you permission to apply for naturalization in 3 years as opposed to 5 due to delays caused by the defendants and at no fault of the plaintiff. However, this would be a stretch as well.

 

[buggin]

I filed my WOM on June 16, 2006. Today, I sent a letter to the US Attorney
explaining that USCIS can request Name Check expedition. Another reason of
sending the letter is to remind the US attorney to work on my case.

Is this letter appropiate in the procedural wise?

Dumbboy

Dumbboy,

It is not a big deal that you sent your letter to the US Atty. They will most likely ignore it.

My opinion is that this kind of letters are not really appropriate, since it is not your lawyer but the defendants'. The US Atty has not duty to help you and to do what you ask him/her to do. The only duty they have is to represent their clients (defendants in this case).

You can ask them to provide you with documents they discover or things like that, but you can't ask them to do something for you. That is why a lot of our requests remain ignored by the US Attys.