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

Pineyan3, you said "11 defenses" WOW! What are you, a terrorist suspect? *cough cough* What 11 defenses do they give an innocent hardworking immigrant for their own lame irresponsible imcompetent department?
 
Quick question on the topic, if I enter a lawsuit againt USCIS and file it myself and when US Atty responds with an intent to fight, can I hire a lawyer and enter him into the case right then and there?
 
Bushmaster said:
Quick question on the topic, if I enter a lawsuit againt USCIS and file it myself and when US Atty responds with an intent to fight, can I hire a lawyer and enter him into the case right then and there?
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Yes you can hire a lawyer at any time during the lawsuit. Make sure you have every document filed by you and by the defendant as the lawyer will have to review them. The lawyer will have to inform the court and the defendant that he/she is your lawyer in this case. If the US attorney starts throwing some technical legal motions, I recommend you get a lawyer right away.

Good Luck
 
susan ward said:
Hi

Please bear with me

My husband recently passed away. My husband was the petitioner for my son and in Oct 05 we heard son had aged out of cspa

We were about to challenge the decision when husband became terminal and died withing less than 2 weeks

I am being told different things by attornies, some say case dies with husband, some say I can take over the petition and sue the USCIS/DOS

The 1-800 number told me both eg, technically case died with husband but that does not stop anyone sueing us , so sue !

But who to sue??

My current attorney say USCIS because they denied (in error) the first I 824 for son and so indirectly we would be suing the dos. Attorney said neither son or myself can sue the DOS

I am confused, does the above sound correct ??

The VO said son aged out but other attorneys say he has not, now husband died, in such a mess

Does anyone know about the other CSPA cases, eg who was sued, ???

I hope someone understands what I am saying and not confused by what I have said

Have set up help group before husband died www.expatsvoice.org to try and help others as there is no commpassionate visa for my son to extend a visa waiver and stay longer


Son had to leave US otherwise would be illegal, congressmand said go and get B visa He sent e-mail of support to American consulate in home country.

Even though son took death certificate, doctors letter about my health and also stating once son had helped me with probate Son and myself would need to return to home country for probate there also. ( Proof of return to home country) Letter of employment proof of paying all utilitiy bills, this visa was denied as son could not #Show strong family ties to home country#


Please advise if you can, I am so depressed
Regards
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I am very sorry for your husband. I hope your son's case will resolve soon and you will be able to reunite.
I am not a lawyer and have no idea on what legally should be done in your case. However, if I were in your shoes, I would sue USCIS, this way, you will have a clear answer to your case. Given what you’re going through, the judge will be on your side.
Good luck
 
annat said:
Again small update:

I e-mailed AUSA, just a small e-mail introducing myself and letting her know that I'll be glad to asnwer any questions and hope for any info on my case.
She e-mailed me back , reminded that goverment has 60 days for response and told that she should check on the status of my application and have more info before the end of 60 days period.

I rec-ve 3 letters today:
1) Finaly letter on my FOIPA request - No records, I do not know if I should just hold it for now, or add it to the list of evidence
2) Show Cause order - Order from judge that orders defendants to show cause within 30 days why the ct should not grant me application of naturalization by the autorization of INA
Defendants should respond to this order with a written pleading that states:
1) all reason that Planfitt's naturalization application has not been approved
2) all reasons that the ct should not approve the application immediately
3) a proposed plan for promptly deciding Plaitiff's naturalization application

3) letter from USCIA asking to come for 2nd fingerprints on 10/17/06

I'm glad that things start moving, will see what will happen next.
Again thank you all for help and support, I'm glad I found this forum!
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Can you tell me how long it took for you to get the reply to your FOIPA request? I sent mine almost a month ago and up to this day I haven't heard anything in response.
 
Hi!

Could anybody help me with RETURN OF SERVICE?

How do you fill it out?

1. DATE - is this a date I sent the complaint+summons, or the date on the return receipt?

2. NAME OF SERVER - this is me, right?

3. TITLE - ??

4. Method of service - Other: Certified Mail, receipt number. Right?
 
approved 30 days after WOM was filed

Hi Everyone,
today the Miami District Director faxed to my attorney anApproval Notice :D and kindly asked me to go in to get a stamp in my passport :) . It seems like my almost three years story ending today :cool: . I would like to THANK everyone here, at the Forum, especially Publicious, who started this forum. With out you guys I would be waiting and hoping and losing big opportunties in my life... :confused: If anyone has question please do not hesitate to ask me. I have earned experience in that passt three years. My FOPIA request took 30 days to receive it back with NO RECORDS.
 
I mailed my on September 5th last time,
I did it before in July,however my request came back for some reason with my and new papper work in it.
I called them and lady returned my call and told me to send request again, so I guess they took about 20 days, plus mail time.
You can call FOIA Requester Service Center (RSC) (202) 324-9486,they do return phone calls, make sure to leave message.




edgrapes said:
Can you tell me how long it took for you to get the reply to your FOIPA request? I sent mine almost a month ago and up to this day I haven't heard anything in response.
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1. DATE - is this a date I sent the complaint+summons, or the date on the return receipt?

Date when they rec-ved mail

2. NAME OF SERVER - this is me, right?

I put US Postal Service, I mailed it , I did not do it myself

3. TITLE - ??

Name of the Defendant



4. Method of service - Other: Certified Mail, receipt number. Right?
yes

I also did copy of the mail receipt with printout from USPS.com and return receipt, if I got it.
 
bad judges or bad filing?

Ikee
You will want to read this and potentially avoid the AUSA and Judge standard game play. This is standard court proceeding:

The majority of litigants follow this outline:

(a) They file a complaint against the government replete with truthful allegations,

(b) The D.O.J. attorney answers the complaint with a motion to dismiss under either FRCP Rule 12(b)(6) for failure to state a claim upon which relief can be granted, or Rule 12(b)(1) for lack of subject matter jurisdiction. Under 12(b)(6) failure to state a claim means that the complainant has not provided evidence upon which the judge can grant relief. Under 12(b)(1) lack of jurisdiction means that the complainant has not rebutted (with evidence) the presumption of sovereign immunity the government carries.

(c) The D.O.J. attorney files a motion for a protective order against discovery and the court grants it.

(d) The judge dismisses the matter or finds summary judgment in favor of the government without allowing discovery of any kind.


Here is something for everyone who does not want their case automatically dismissed by the judge. Its more than a bad judge but faulty procedure as a pro se plaintiff or attorney filing. Click to this link and it will help lot of people
in this forum how to avoid the pitfall of filing a federal complaint. Remember knowledge is power. Go to the link and it gives instructions how to avoid out right dismissal b/c of juridiction or granting relief and dealing with a bad judge.

http://www.caught.net/prose/badjudge2.htm

lkee said:
Thanks for the advice and I actually sent it on to my attorney. This was the gist of what he told me:

The district courts in this area are only bound and affected by rulings from the 5th Circuit court of Appeals or the US Supreme Court. There has not been an appeal brought before the 5th Circuit, so the the district courts can basically do what they like at this point. Those districts within the juridisdiction of the 9th Circuit, however, have to fall under their ruling.

Furthermore, each judge in each district is king in his own courtroom. Hence our judge giving these rulings to us and other judges being more favorable. Very often, a judge is not even consistent with his own rulings, and you cannot hold him to anything. Also, the matter of receiving a judge is pretty much the luck of the draw. (Boo hoo for us).

The Immigration and Naturalization Act itself gives the judge the leeway to remand cases back to USCIS if he chooses - it has nothing to do with the way you may or may not have worded your case when you filed it.

Personally, I feel that the US Attorney here is also strongly motivated against these cases, and that plays into the problems we are facing.

It has truly opened my eyes to how uneven the justice system is. We all like to believe that the good guys will win every time, but when you have judges and prosecutors with personal feelings and agendas in cases like this, you are completely at their mercy. If we lived in a different part of the country, we most likely would not be facing this uphill battle. That is a pretty sobering thought. :(
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annat said:
2. NAME OF SERVER - this is me, right?

I put US Postal Service, I mailed it , I did not do it myself
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Thank you!
But what about on the bottom - Signature of Server and Address of Server? Did you put your name and address there?
 
IreneB said:
Thank you!
But what about on the bottom - Signature of Server and Address of Server? Did you put your name and address there?
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Yes, I did put my name and address there.
Let me know if you have any other questions.
 
USA powpow

click on this link, US attorney from across the country use this lawyer trade letter to justify their motions on INS cases. Fight Fire with Fire. Note:A little heavy reading with legal cases ref but very relevant for those who have to fight a strong USA challenge.

http://216.239.51.104/search?q=cache:cw0lYIQaPpcJ:www.usdoj.gov/civil/oil/9news10.pdf+immigration+and+nationality+act+336(b)&hl=en&gl=us&ct=clnk&cd=20
 
pineyan3 said:
Finally, 5 days before the deadline, the US attorney answered my complaint. Basically he tried to convice the court that the case should be dismissed. I was going to file a response right away, so I called the pro se office to ask about the time line. Then I was told that actually I should not do anything yet at this moment. The judge will review his answer and decide what to do. Now, I have to wait :( . I am so ready for this fight. There is one thing though I am not sure. The attorney listed 11 defenses in his answer, if I file an response to that, what kind of format should I follow? Should I reply to each defense or just write up a summary? Anyone kind enough to share experiences?
BTW, aka808, did you hear anything from the US attorney?
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Pineyan
No reply as of yet. Today the 60 days are over. The response is standard from the AUSA, have your motion for judgement prepared, there are tons of links. I bet he quoted the Danilov defense in the motion to dismiss. This is the only case they have to hold on to. Wait for the judge to review the case, have your motion prepared, so that you can strike the blow as soon as the judge's review is done. Remember they have all the time but we don't...so they will stretch it as much as they can. What you have alleast successfully done is now initiated your name check to be processed faster, even if there is no result as of yet.

Good luck let me know. As soon as i find out something i will post it.
 
Haddy said:
Cingratulations HappyBall,

I would suggest to make 2 copies of your receipts and file 2 sets of your paperwork... I never filed any originals for the judge. I know we are suppose to file one extra copy for the honorable judge. One copy is used for court filing and records and the other one is used for judge's record and view. you can still file these receipts and in the mean while wait for the original green card... again choice is yours... or you can dismiss the complaint on bases of receiving approval notice... and if you don't receive the physical green card (I-151) you can file again... like I always say I am not a lawyer... but I will like many others will support you in your decision...

And thank you for mentioning my name in your post here... I think you meant Haddy not Hardy... May I am feeling good on behalf of someone else (Hardy)... :D

Good Luck and keep us posted.

PS: Please check your 'private' message. ;)
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Hi, Haddy

Thank you for your answer! I just sent one set to Court last time. I see.
Thank you for your congratulation. Forgive me for my miswrite of your name and i did correct it. Also check your private messages.
 
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good to hear from you

aka808 said:
Pineyan
No reply as of yet. Today the 60 days are over. The response is standard from the AUSA, have your motion for judgement prepared, there are tons of links. I bet he quoted the Danilov defense in the motion to dismiss. This is the only case they have to hold on to. Wait for the judge to review the case, have your motion prepared, so that you can strike the blow as soon as the judge's review is done. Remember they have all the time but we don't...so they will stretch it as much as they can. What you have alleast successfully done is now initiated your name check to be processed faster, even if there is no result as of yet.

Good luck let me know. As soon as i find out something i will post it.
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I called the court clerk twice to check if I need to reply to USAA's answer. Both times I got ambiguous answers. I can file my reply now but I am not required to do it, because the judge is going to call a meeting between the two parties and go over stuff. She may order me to submit my reply then, or she may not. As you said, I will get everything ready, so at least there won't be any delay on my part.
 
IreneB said:
Hi, all! I am also in the middle of filing my proof of service. Do I need to wait for the return receipts? I though certified mail receipts were enough.

I cannot make sure just certified receipts are enough, this depend on the local rule. If you check USPS online, it was deliveried, you can print out or go to post office to ask them print out the delivery information. Most court accept this. (post office print out one is a little different than the one you saw from USPS website. They have the reciever sign the name on it.)

Does anyone have an example of how to fill out that RETURN OF SERVICE form? Especially someone in MA?

Also, do I need to send the copies of Return of Service to U.S. Attorney?


Yes, you need send DA a copy of any documents you filed to the court!

Thanks!
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happyball, Thanks for your help!
I checked USPS, it looks like they weren't delivered yet, I've only sent them out on Saturday. Will check again tomorrow.
 
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Hello everybody,

First of all I would like to express my admiration and to thank everybody for providing the information about the lawsuits. This forum is an invaluable resource for people like myself how got stuck in name check nightmare. I also wish you all a quick resolution of your pending cases.
I have a couple of questions for you, guys. I am planning to file a lawsuit under 1447(b) and there are a couple of things that I don't understand. First, do I file a petition first and then serve the summons to defendants, or do I have to do it at the same time? Also, the whole process of serving summons is unclear to me. What do I need to send them? My petition? anything else? Or do I wait for Court's order? What have you done? Please let me know. Thanks. I am in Northern CA district.
Recently I was browsing cases through PACER service. And what surprised me was the fact that US attorneys respond differently to similar petitions. Some cases went smoothly, in other cases they replied with Motion of Dismissal. This situation looks a bit strange. Do you have any comment on this issue?
Thank you all very much for sharing your experiences and helping others to make their lifes a bit easier;)
 
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