hayyyoot said:
Here are my details:
N-400 RD: 11/17/2005
ID: 4/21/2006
1447(b): 8/28/2006
USA served 8/28/2006
Defendants served between 8/29/2006 and 9/13/2006
on 10/24/2006 I talked to assistant US attorney who said that my name check is ready, and he wanted me to ask the judge to remand the case back to the CIS without any timeframes, I said I will be happy to do so if the dismissal request stated a timeframe, I proposed 30 days, I even said that 60 days will be fine too. The assistant US attorney said that this sounds okay with him, but, he has to get the approval of the CIS first, and return to me this week, he didn't return to me, instead, he filed the following extension request suggesting that I am teh stick in the mud who don't want to determine what I want.
Federal defendants, by and through Daniel Bogdon, United States Attorney for teh District of Nevada, and Carlos Gonzales, Assistant United States Attorney, move this court for an order allowing defendants an extension of thirty (30) days to and including Monday Nov 27th, 2006, in which to file defendants response to Plaintiff's Petition for hearing on Naturalization Application under 8 U.S.C.....
Plaintiff filed her petition on Aug 28th, 2006, and defendants answer or other response pleading is due on Oct 24th, 2006. On October 24th, 2006, undersigned council spoke with Plaintiff and teh parties are attempting to resolve this matter without further litigation, A thirty (30) day extension of time is required for the plaintiff to determine weather she will stipulate to remand this matter to the Citizenship and Immigration Services. For the reason Stated, teh CIS requests an additional 30 days to and including Nov 27, 2006, in which to file Defendants' response to Plaintiff's petition.
What do you guys think? should I file a response for that? what should I do?
Reading again your posting, I realised that there is a difference in asking the judge in a motion to dismiss your complaint or to aks to remand the case back to USCIS. (Of course, in both cases with a very specific timeframe).
If the case is dismissed, nobody won, it is like there was no lawsuit, nobody is entitled to anything. If the judge agrees with your motion to remand the case to USCIS with specific timeline, it means that you won, and probably you can ask in a separate motion to recover your costs (the filing fee + your copying and mailing charges, if you have receipts). I didn't see any Pro Se cases, where the plaintiff won and got back these costs, but if my interpertation is correct, this is possible, at least theoretically.
The most important thing is that you should insist in a very specific timeframe. In my complaint in the PRAYER I put the following:
WHEREFORE, Plaintiff respectfully requests that:
I. This Honorable Court will accept and maintain continuing jurisdiction of this action;
II. This Honorable Court will hear Plaintiff’s case and adjudicate Plaintiff’s N-400 application based on the facts presented;
III. As an alternative, Plaintiff prays that this Honorable Court will remand the matter to USCIS with the following specific instructions to the Defendants:
a. USCIS should request immediately from FBI an expedited processing of Plaintiff’s background check;
b. FBI should complete the Plaintiff’s background check as soon as possible but not later than 30 days following the Order of this Honorable Court;
c. USCIS should adjudicate Plaintiff’s N-400 application as soon as possible but not later than 15 days after FBI completed the background check, and report the decision to both Plaintiff and to this Honorable Court;
d. If USCIS determines that Plaintiff should be naturalized, USCIS shall perform all such formalities associated with the act of naturalization as soon as possible but not later than 60 days from the date of the Order of this Honorable Court.
IV. In addition, Plaintiff prays for such further relief as this Honorable Court may deem just and proper.
