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

Ok, AUSA's answer is what I expected it to be. It is attached to this post, but the short summary is this "Blah blah blah, background check is still pending, blah blah blah, please throw his case out". I didn't realize I asked for another Infopass appointment. No mentioning of Danilov or anything like that.

I also don't think they are questioning court's jurisdiction. They do deny that they failed to properly follow the statue and regulations. I think DOJ memo will take care of that. Overall, it sounds like their only defense on this is that the background check is still pending, FBI got a backlog of name check, there is nothing you can do. Or am I missing something?

I guess now I need to figure out how to get my A file and how to file a response to this.

Any help would be appreciated...
 
sam1973 said:
Hi mohamedmohamed ,
what is the different between WOM and AOS ? does it make any different when you filed 1447(b) for N-400 application ?
Click to expand...
AOS (adjustemtn of status ) is a processe by which an ammigrant can change his/her staus from a non immigrant to a permement resident.
wOM is an act used to ask a federal court to compel an agent of the United States ( fed agencies) to do their job, it can be immigration , or it can any other agaencies, the act have a braod application, what used it here is only one of them.
1447 (b) is an entirely different statute , that specify how long the USCIS can wait a to make a decision about a naturalization case after the examination( interview), so it is very specific, and have only this application, therfore it can not be used for Adjustment of status( AOS)
but from what i have seen you can use th WRIT OF MANDAMUS to compel the uscis to finish a naturalization case, in the sense that is used to make a fed agent do their job, but in contrast 1447 (b) can not be used to make USCIS act on a i 485.
 
PACER account

RealSuperK said:
.... I just signed up with PACER and haven't recieved a user name and password just yet.

Anyway, I'll keep you posted. Thanks for all your help!
Click to expand...

How did you sign up with PACER? Can we sign up, although we are not attorneys? Is there any fee?

Thanks.
 
go to www.uscourts.gov, click on "US District Court", on the following page, left column, click on the top menu "Electric Public Access..." and then it will guide you through. Registration is free, but you have to pay 8 cents per page on the search.

I called the Court about the error they made on my case in PACER, this guy told me it is okay. but I will have to file a motion to seal my docket to protect my personal info in the complaint.


Eastbayer said:
How did you sign up with PACER? Can we sign up, although we are not attorneys? Is there any fee?

Thanks.
Click to expand...
 
mohamedmohamed said:
From what I read in the US attorney defense, this is what I think.
You should prepare your answer ASAP and file it with court, ASAP too.
I know we all can provide whatever help we can to assist you in this.
preliminary arguments
Paragraph 19 Even if there are “ numerous courts have stated different holding from the Hovaspian case” as the defense have claimed, never the less the have failed to reference these holding, for the court and the plaintiff so these holding can weighed against the holding of the ninth circuit, therefore the court should dismiss this claim.
Paragraph 22: the plaintiff couldn’t agree any more, and want to emphasis the his complete understanding of the statute and regulations requirement of the complete background check ,before awarding any immigration benefits, perhaps this is something the defense and his client , need to understand more anyone else, since they are the one who suppose to complete these background, it is a function that was delegated to them by the congress, but so far they have failed to do, therefore the defense citing of these requirements, does in fact support the plaintiff claim of USCIS, FBI, and the attorney general failure to perform their job, within the period of time required by the by law (1447 (b))
Paragraph 23:the US attorney have failed to recognize the fact that “a reasonable delay” delay definition here in not a matter of discretion, or estimation, since it was defined and limited by the provision 1447(b to 120 days, and any attempt by the counsel and his clients to stretch this period or the meaning of this statue, is absolutely out a the question, and should be disregarded by the court.
Another evidence of the violation committed here the USCIS I would like to introduce, didn’t even come from and district or circuit court, on the contrary it was stated in “Memorandum for Wic members” issued by the USCIS own executive secretariat (exhibit# ), this clearly stated that the U.S. Department of justice along with the Office Immigration Litigation believe that USCIS have violated its own regulation.
According to these, the plaintiff, is asking the court to grant the relieves sought in the original complaint, and order the defendants to adjudicate the plaintiff naturalization application, in the a accordance with the statute 1447 b, and put an end to this illegal practice, for the sake of justice, and fairness, and award the plaintiff nay other relieves as allowed by the law.
Click to expand...

Good thoughts. I also throught that they just filed something because they are required to, without putting too much effort into it.

I also loved the part in paragraph 23 where they say "the delay is reasonable in light of the backlog that exists with FBI name/background checks" Who defines how reasonable the delay is? At what point does it become unresonable? 18 months? 24 months? 240 months?

Overall, it's a pretty weak response. I'll draft a reply over the weekend.
 
Eastbayer said:
How did you sign up with PACER? Can we sign up, although we are not attorneys? Is there any fee?

Thanks.
Click to expand...
You can sign up at the following web address http://pacer.psc.uscourts.gov/
All you need is a credit card. They charge you per page viewed. Yes, you can sign up as an individual.
Hope this answer your question.
 
pharmboy said:
I just registered on PACER and checked my case. I found that my case is categerized as hearing on naturalization (1447b) instead of adjustment of status for PR (WOM). Does it really matter? And I should ask them to block out some personal information also. Does anyone know how to do this?
Click to expand...
Pharmboy,

Dont worry about that... I had that problem too,... i asked the clerk about that... he sd this only distinguishes different kind of cases for their own records... i was not satisfied like you so i sent them a notice to correct the cause... i just put:

your name
plaintiff

defendants names
defendants

REQUEST TO CORRECT THE CAUSE

I, ....., plaintiff hereby request to correct the cause to be WOM intead of 1446b...

Respectfully,

Name
details


Dont forget to put your case number... i did not even send copy of this request to the AUSA...

Good Luck...
 
RealSuperK said:
Good thoughts. I also throught that they just filed something because they are required to, without putting too much effort into it.

I also loved the part in paragraph 23 where they say "the delay is reasonable in light of the backlog that exists with FBI name/background checks" Who defines how reasonable the delay is? At what point does it become unresonable? 18 months? 24 months? 240 months?

Overall, it's a pretty weak response. I'll draft a reply over the weekend.
Click to expand...
i thought the answer was pethetic, a seven grader, can do better, but you should stress the fact that they ddint mention the other courts wheere Hovaspian have been held different, they should know better, they have to metion the case number, and what court, all that details, so as far you and the court are concerned, that deosnt mean crap, you can say the curt have hold this or that, but unless you specify what court, and what case, and what teh holoding/ruling said, just you saynig is not good enoug, so you have to hit them very hard on that.
 
RealSuperK said:
Well, I called them two weeks before their time was up and AUSA told me that she hadn't even looked at my A file yet. Either they are that busy or simply don't care too much about cases like this one. That's why they needed every single second of their 60 days to file an answer.

As for getting the answer faster... If I don't get it tonight in the mail, I'll probably just take a day off work tomorrow and pick it up at the clerk's office. I just signed up with PACER and haven't recieved a user name and password just yet.

Anyway, I'll keep you posted. Thanks for all your help!
Click to expand...
RealSuperK,

If you need I can send you your copy via email or anyway you want only if you want me to pull it out for you... I would need your district name and you filing date... as I said I can private email you if you want...
 
Haddy said:
RealSuperK,

If you need I can send you your copy via email or anyway you want only if you want me to pull it out for you... I would need your district name and you filing date... as I said I can private email you if you want...
Click to expand...

Haddy, thanks.

mohammedmohammed has already helped me out with that.

The amount of support people recieve on this forum is unimaginable.

Thanks again!
 
SyedNaqvi said:
Hello Everyone :) ,
I just got a call from the District Attorney, he told me he has a good news for me that my expedite request to FBI came back with NO RECORD, I asked him you mean my name check is clear he said yes your name check is clear. He said he is going to fax me document to dismiss the case. He explained me that this will be dismissal with prejudice means if something goes not as expected then you can file the complain in the court again. I am waiting for the fax one I received the fax I will share the information in it and offcourse i will need your suggestion. He told me that once he receive this signed dismissal back from me it will take 2 days for the court processing and then INS will process my case.
thanks everyone for the help.
Click to expand...
Syed,

I am sure you have already covered this ground... my suggestion would be like Suzy, Publicus, Wonder Boy all have (i think) mentioned before... that get it in writing... name check clearance is not your goal the goal is to have USCIS process your file whether its your N400 Citizenship case or AOS Green Card case... A lot of people here were able to get "No Records" on their own... that is not a big thing US attorney is trying to sweeten you that he has done his part... You case process should be complete... You can write in you fax that you are going to wait for the complettion of your case until say 2 - 3 - 4 weeks (whatever you think timeframe is right for you to give them) and if they dont finish it within this time the case will be re-openned... I just dont want you to get suffered... I think I saw one case where it longer than it was told by a AUSA... rest its your own decision... I just dont want you to feel that I am dictating you... this is just a suggestion...
 
Not A Problem...

RealSuperK said:
Haddy, thanks.

mohammedmohammed has already helped me out with that.

The amount of support people recieve on this forum is unimaginable.

Thanks again!
Click to expand...
This is because everyone here feels and share the same pain... Good Luck...
 
Thanks, Haddy. I will asked my wife to drop off the letter to the Court tomorrow, since my work location is far away from the court house.

Haddy said:
Pharmboy,

Dont worry about that... I had that problem too,... i asked the clerk about that... he sd this only distinguishes different kind of cases for their own records... i was not satisfied like you so i sent them a notice to correct the cause... i just put:

your name
plaintiff

defendants names
defendants

REQUEST TO CORRECT THE CAUSE

I, ....., plaintiff hereby request to correct the cause to be WOM intead of 1446b...

Respectfully,

Name
details


Dont forget to put your case number... i did not even send copy of this request to the AUSA...

Good Luck...
Click to expand...
 
mohamedmohamed said:
AOS (adjustemtn of status ) is a processe by which an ammigrant can change his/her staus from a non immigrant to a permement resident.
wOM is an act used to ask a federal court to compel an agent of the United States ( fed agencies) to do their job, it can be immigration , or it can any other agaencies, the act have a braod application, what used it here is only one of them.
1447 (b) is an entirely different statute , that specify how long the USCIS can wait a to make a decision about a naturalization case after the examination( interview), so it is very specific, and have only this application, therfore it can not be used for Adjustment of status( AOS)
but from what i have seen you can use th WRIT OF MANDAMUS to compel the uscis to finish a naturalization case, in the sense that is used to make a fed agent do their job, but in contrast 1447 (b) can not be used to make USCIS act on a i 485.
Click to expand...
thank you very much mohamed
 
RealSuperK said:
Haddy, thanks.

mohammedmohammed has already helped me out with that.

The amount of support people recieve on this forum is unimaginable.

Thanks again!
Click to expand...

That is because Everyone feels and shares the same pain...
 
Oath Ceremony

Hi guys and girls,

I just got a call from local CIS office and was told that they are going to have an oath ceremony for me tomorrow. :D

Many many many .... thanks to mohamedmohamed, EGYPTIANCASTLE, bashar82, Screaming_Eagle, Suzy, Public and all other people who helped me!

For your information, I filed my case on April 6th. The atty's office did not even ask me to dismiss the case, it is strange.

I will go apply for the passport right after the oath ceremony in case they change their mind later.

Once again, thank you all people here.
 
Agree...

RealSuperK said:
Good thoughts. I also throught that they just filed something because they are required to, without putting too much effort into it.

I also loved the part in paragraph 23 where they say "the delay is reasonable in light of the backlog that exists with FBI name/background checks" Who defines how reasonable the delay is? At what point does it become unresonable? 18 months? 24 months? 240 months?

Overall, it's a pretty weak response. I'll draft a reply over the weekend.
Click to expand...
I agree with you and Mohamed... I think AUSA instead of filing for extension of time is testing your balls... (I am just kidding)... I felt like AUSA just trying to descourage you... thinking that people are filing these cases without actually going to the court... I would say prepare your respond... Also can put case details in your response... I think there are many cases discussed in this thread you can use and I am sure you already have some ready... I feel like Judge will not even give AUSA's response much wait becaue... as per AUSA there is no delay... and USCIS is not responsible for any delay or any administrative failure... also dont forget to mention this attachment (if you have not already).... where USCIS is the only agency that can request expedite to your name check... and FBI is only looking into expedites for those case who are filing lawsuits...
 
SyedNaqvi said:
He explained me that this will be dismissal with prejudice means if something goes not as expected then you can file the complain in the court again.
Click to expand...
Dismissal with prejudice means you can't refile the complaint. You need to dismiss the case without prejudice. Also negotiate with AUSA specific time until oath, so the dismissal letter would have a strict time until CIS should naturalize you.
 
Haddy said:
I agree with you and Mohamed... I think AUSA instead of filing for extension of time is testing your balls... (I am just kidding)... I felt like AUSA just trying to descourage you... thinking that people are filing these cases without actually going to the court... I would say prepare your respond... Also can put case details in your response... I think there are many cases discussed in this thread you can use and I am sure you already have some ready... I feel like Judge will not even give AUSA's response much wait becaue... as per AUSA there is no delay... and USCIS is not responsible for any delay or any administrative failure... also dont forget to mention this attachment (if you have not already).... where USCIS is the only agency that can request expedite to your name check... and FBI is only looking into expedites for those case who are filing lawsuits...
Click to expand...

Well, they can test my balls as much as they want. (Especially if AUSA is hot... kidding :D ) I still got them attached to my body and I'm NOT going away without swinging. I just can't believe that AUSA would file an answer filled with what it seems to be her personal opinions about things without even trying to back them up with some sort of legal reasoning. "FBI got a backlog, so the delay is reasonable". What kind of crap is that? Show me a statue or a regulation that says "Unless the delay hits 24/26/48/60 months, it's reasonable" because I can show you the regulation that says that you got 120 days after ther interview to make a decision the case. Show me something to back up your claim that they didn't violate anything because I can show you the memo where DOJ says that they DO violate 335.2(b) Give me the list of cases where "numerous other cours have stated different holdings from the Hovsepian case" Hell, throw the Danilov case at me in desparation. Just don't file such an unprofessional response.

Hm, I might have just wrote up the first draft of my response to their response. Kidding :)
 
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