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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
cajack said:MR LA:
Havn't heard from you lately. How is your case? Any updates?
Wish you good luck,
Jack
Hello Jack,
Now I work 2 jobs now where I have no time like used to be before. About my case, I have hired a law firm where they will they take care of my case, like you know from my previous posts I have a court conference on the Nov 20th, so we will see what gone happen...
Wish you all the best
1447 case taking longer than expected
Hello
I filed 1447 b on 06/01/2006 , the AUSA asked for a 30 days extension and I accepted that .
after the 30 days he filed a motuion to dissmiss
I replied
Magistrate judge filed a Report that the court has Jurisdiction over the case
I was so happy till AUSA filed an Objection, stating that the court should remand the case to USCIS.
I replied to the objection stating that the case should not be remanded or remanded with instructions
today AUSA filed a "Notice" of some case taht was ordedred on 10/23/2006 with a remand to USCIS to adjudicate palintiff's application when FBI name check is complete but withour giving either FBI or USCIS time frame.
ypu will find teh case attached with posting.
any way, I do not know why my AUSA is just fighting my case so hard , instead theyu could have just finish my application and taht will be it.
but obviously , iam not that lucky .
I really do not know how to rply now, if any of you have any thing to help me with that , please Do and I will be so thankfull.
This acse is just taking all my time and the AUSA is just taking advantage of me being a PRO SE filer.
I do not know if the judge will consider taht or not
Thank a lot for all your help
Hello
I filed 1447 b on 06/01/2006 , the AUSA asked for a 30 days extension and I accepted that .
after the 30 days he filed a motuion to dissmiss
I replied
Magistrate judge filed a Report that the court has Jurisdiction over the case
I was so happy till AUSA filed an Objection, stating that the court should remand the case to USCIS.
I replied to the objection stating that the case should not be remanded or remanded with instructions
today AUSA filed a "Notice" of some case taht was ordedred on 10/23/2006 with a remand to USCIS to adjudicate palintiff's application when FBI name check is complete but withour giving either FBI or USCIS time frame.
ypu will find teh case attached with posting.
any way, I do not know why my AUSA is just fighting my case so hard , instead theyu could have just finish my application and taht will be it.
but obviously , iam not that lucky .
I really do not know how to rply now, if any of you have any thing to help me with that , please Do and I will be so thankfull.
This acse is just taking all my time and the AUSA is just taking advantage of me being a PRO SE filer.
I do not know if the judge will consider taht or not
Thank a lot for all your help
Hello Mr LA:
Nice to hear from you. Basically, my attorney is going to have the initial conference AUSA in front of the judge on 11/20 as well. They might set up a trail date during the conference. It looks like there is a tough fight ahead. According to AUSA that USCIS did made a request to FBI to expedite my name check, but the result did not come back yet. My AUSA did not ask for any extension and just filed an answer on 60th day but just stated that an answer was necessary. I will see what is going to happen.
take care,
Jack
Nice to hear from you. Basically, my attorney is going to have the initial conference AUSA in front of the judge on 11/20 as well. They might set up a trail date during the conference. It looks like there is a tough fight ahead. According to AUSA that USCIS did made a request to FBI to expedite my name check, but the result did not come back yet. My AUSA did not ask for any extension and just filed an answer on 60th day but just stated that an answer was necessary. I will see what is going to happen.
take care,
Jack
Mr LA said:Hello Jack,
Now I work 2 jobs now where I have no time like used to be before. About my case, I have hired a law firm where they will they take care of my case, like you know from my previous posts I have a court conference on the Nov 20th, so we will see what gone happen...
Wish you all the best
Hi said904,
I am not happy to see things are not going the way you expected. Also, I understand that this case taking tons of tolls out of you. However you must have to realize that when you filed 1447b, there were more chance to success but there are some cases that were not successful. Also, fight is not over yet. I have seen same kind of verdict from Michigan federal court judges; they remanded the case back to USCIS with out any specific date.
It is very tough to make a judge to change his/her decision but do not gives up. Prepare a motion, use the material from the post # 6361, 6346 (point 30 onwards), 6369 a case from Seattle, Washington in which judge asked for a specific date, also I am attaching a case from Michigan in which plaintiff’s attorney filed a motion against judge’s decision to remand the case back to USCIS without a specific date.
You have to remember, you will do what in your power and rest of the thing is in Gods hand. So does not worry keep fighting and do your best.
Best wishes.
I am not happy to see things are not going the way you expected. Also, I understand that this case taking tons of tolls out of you. However you must have to realize that when you filed 1447b, there were more chance to success but there are some cases that were not successful. Also, fight is not over yet. I have seen same kind of verdict from Michigan federal court judges; they remanded the case back to USCIS with out any specific date.
It is very tough to make a judge to change his/her decision but do not gives up. Prepare a motion, use the material from the post # 6361, 6346 (point 30 onwards), 6369 a case from Seattle, Washington in which judge asked for a specific date, also I am attaching a case from Michigan in which plaintiff’s attorney filed a motion against judge’s decision to remand the case back to USCIS without a specific date.
You have to remember, you will do what in your power and rest of the thing is in Gods hand. So does not worry keep fighting and do your best.
Best wishes.
said904 said:Hello
I filed 1447 b on 06/01/2006 , the AUSA asked for a 30 days extension and I accepted that .
after the 30 days he filed a motuion to dissmiss
I replied
Magistrate judge filed a Report that the court has Jurisdiction over the case
I was so happy till AUSA filed an Objection, stating that the court should remand the case to USCIS.
I replied to the objection stating that the case should not be remanded or remanded with instructions
today AUSA filed a "Notice" of some case taht was ordedred on 10/23/2006 with a remand to USCIS to adjudicate palintiff's application when FBI name check is complete but withour giving either FBI or USCIS time frame.
ypu will find teh case attached with posting.
any way, I do not know why my AUSA is just fighting my case so hard , instead theyu could have just finish my application and taht will be it.
but obviously , iam not that lucky .
I really do not know how to rply now, if any of you have any thing to help me with that , please Do and I will be so thankfull.
This acse is just taking all my time and the AUSA is just taking advantage of me being a PRO SE filer.
I do not know if the judge will consider taht or not
Thank a lot for all your help
Invitation to resign the documents.
My case was filed in the court (10/19/2006).
A week ago, I reviewed a letter from USCIS with the invitation come their office in order to resign!!! the documents.
Does anybody have experience with such kind of events?
Thank you
Oblomov
My case was filed in the court (10/19/2006).
A week ago, I reviewed a letter from USCIS with the invitation come their office in order to resign!!! the documents.
Does anybody have experience with such kind of events?
Thank you
Oblomov
oblomov said:My case was filed in the court (10/19/2006).
A week ago, I reviewed a letter from USCIS with the invitation come their office in order to resign!!! the documents.
Does anybody have experience with such kind of events?
Thank you
Oblomov
Hi oblomov,
Would you post the exact wording of this letter from USCIS? (of course, you should omit the personal information part, to protect your privacy).
It is strange, I never heard about such letter associated to a 1447(b) or WOM lawsuit.
ApplyN400Dallas
New Member
extension?
I filed my case with the court on Sep 15th, and served AUSA on Sep 18th. On the Summon, clerk put 30 days instead of 60 days as I mentioned to her.
I talked with AUSA three weeks ago, she mentioned that she would need to check with USCIS and then will let me know, and she also said that 60 days should be the timeline.
Now the 30 days deadline has passed (Oct 18th) but I have not received any extension request from her or any actions from the court. I will probably talk with AUSA again and file a motion for the court to make decision.
Anyone had experience like this? What is the use of summon deadline if the court has done nothing to pressure the Attorney upon the due date!!!!?
Please share your experience and opinion! Thanks!
I filed my case with the court on Sep 15th, and served AUSA on Sep 18th. On the Summon, clerk put 30 days instead of 60 days as I mentioned to her.
I talked with AUSA three weeks ago, she mentioned that she would need to check with USCIS and then will let me know, and she also said that 60 days should be the timeline.
Now the 30 days deadline has passed (Oct 18th) but I have not received any extension request from her or any actions from the court. I will probably talk with AUSA again and file a motion for the court to make decision.
Anyone had experience like this? What is the use of summon deadline if the court has done nothing to pressure the Attorney upon the due date!!!!?
Please share your experience and opinion! Thanks!
ApplyN400Dallas said:I filed my case with the court on Sep 15th, and served AUSA on Sep 18th. On the Summon, clerk put 30 days instead of 60 days as I mentioned to her.
I talked with AUSA three weeks ago, she mentioned that she would need to check with USCIS and then will let me know, and she also said that 60 days should be the timeline.
Now the 30 days deadline has passed (Oct 18th) but I have not received any extension request from her or any actions from the court. I will probably talk with AUSA again and file a motion for the court to make decision.
Anyone had experience like this? What is the use of summon deadline if the court has done nothing to pressure the Attorney upon the due date!!!!?
Please share your experience and opinion! Thanks!
There is no such thing as 30-day deadline when a suit filed againest the Fedral government. Fedral rules indicate that the US government has 60 days to answer any complaint filed aginest it. It is not up to the court or the judge to change that. 60 day count down starts from the date of which all defendants have been served (not from the date the US attorney was served as I see so many people make that mistake)
Good Luck
PendingN400
Registered Users (C)
Said904:
Your case is quite in contrast with the Seattle Case. I believe you should file a memorandum against the court's decision citing the Michigan filing and also cite the Seattle case where the judge forced CIS to complete all processing by certain date. You are right, luck is involved in who you get as a judge. If you get a judge that favours the government and remands without instructions - you may have to appeal the decision.
Your case is quite in contrast with the Seattle Case. I believe you should file a memorandum against the court's decision citing the Michigan filing and also cite the Seattle case where the judge forced CIS to complete all processing by certain date. You are right, luck is involved in who you get as a judge. If you get a judge that favours the government and remands without instructions - you may have to appeal the decision.
Hi SHAFFI,SHAFFI said:There is no such thing as 30-day deadline when a suit filed againest the Fedral government. Fedral rules indicate that the US government has 60 days to answer any complaint filed aginest it. It is not up to the court or the judge to change that. 60 day count down starts from the date of which all defendants have been served (not from the date the US attorney was served as I see so many people make that mistake)
Good Luck
When I filed my complaint the District Court deputy clerck asked me if I request an emergency answer to my complaint, I declined, stating that the normal 60 days is OK with me. But from this question I assume, that there is potentially possible to ask an answer earlier than the 60 days but to do this, you need to file a motion justifying the request and the judge has to approve it.
I respectfully disagree with your last statement.
Rule 12(a)(3)(A) of the Federal Rules of Civil Procedure states:
"The United States, an agency of the United States, or an officer or employee of the United States sued in an official capacity, shall serve an answer to the complaint or cross-claim - or a reply to a counterclaim - within 60 days after the United States attorney is served with the pleading asserting the claim."
see at http://www.law.cornell.edu/rules/frcp/Rule12.htm
PendingN400
Registered Users (C)
Said904:
I looked up the Michigan case and it appears that the motion to reconsider was denied as well. I believe the vast majority of judges favor the government and if your case did not receive an automatic expedite on name check, you are one of the few unlucky ones. For most of us our best shot is the filing under 1447(b) receives an automatic expedite on name check. Perhaps if you file pro se, US A are inclined to fight the cases. I have said this before that I do not believe the legality of name check itself is something a sole petitioner can bring up in their petition.
I looked up the Michigan case and it appears that the motion to reconsider was denied as well. I believe the vast majority of judges favor the government and if your case did not receive an automatic expedite on name check, you are one of the few unlucky ones. For most of us our best shot is the filing under 1447(b) receives an automatic expedite on name check. Perhaps if you file pro se, US A are inclined to fight the cases. I have said this before that I do not believe the legality of name check itself is something a sole petitioner can bring up in their petition.
AUSA will first mention Danilov. Most courts have rejected that arguement but unfortunately, one court has bought it.
Next the AUSA will ask for the case to be remanded. It's important that the AUSA and the petitioner have a "working" relationship. At least this way, you can negotiate a dismissal order that stipulates 30 days.
Now if one had a lawyer, then they could argue the legal basis for the namecheck. As far as I know, it is not REQUIRED by law or codified regulations. Unfortunately, most people cannot afford thousands of dollars on lawyers.
Next the AUSA will ask for the case to be remanded. It's important that the AUSA and the petitioner have a "working" relationship. At least this way, you can negotiate a dismissal order that stipulates 30 days.
Now if one had a lawyer, then they could argue the legal basis for the namecheck. As far as I know, it is not REQUIRED by law or codified regulations. Unfortunately, most people cannot afford thousands of dollars on lawyers.
PendingN400 said:Said904:
I looked up the Michigan case and it appears that the motion to reconsider was denied as well. I believe the vast majority of judges favor the government and if your case did not receive an automatic expedite on name check, you are one of the few unlucky ones. For most of us our best shot is the filing under 1447(b) receives an automatic expedite on name check. Perhaps if you file pro se, US A are inclined to fight the cases. I have said this before that I do not believe the legality of name check itself is something a sole petitioner can bring up in their petition.
PendingN400,
I found several cases when the judge actually ordered the Government to complete the name check in certain period of times. It would be good to collect more of such cases.
I think that the pleading for a remand with a timetable should go along the following arguments:
1. if the remand order does not contain any timeline instruction, Plaintiff will be in the same position as before filing the lawsuit, contrary to the intent of Congress, which wanted to give a possibility for relief when an N-400 application is stalled over 120 days.
2. fedaral agencies have a non-discretionary duty to act on petitions in a reasonable amount of time.
3. delaying an adjudication of a N-400 application due to the pending name check for 2 years is unreasonable delay. See several court decisions stating that this amount of delay is unreasonable (I will post some cases, it would be good to find as many as possible such decisions).
4. nothing in the staue or federal regulations defines what is a reasonable delay, neither an unresonable delay. In a 1447(b) case the only guidance provided by the statue is that over 120 days is unreasonable, because the applicant can seek a review of the case in a district court.
Related to the name check legality, I'm afraid that you are right. A simple Pro Se plaintiff has no chance to get a favorable decision about this issue. The whole problem, as I see it, lies in the lack of exact definition of the "full criminal background check".
8 C.F.R. 335.1 is formulated too generally, and the name check can fit easily in that definition of the "investigation". Between 1998 and 2002 (beginning with the FY98 DOJ Appropiation Act and after 9/11) this "full criminal background check" containt a "diet" name check, ie., seaching only the main files as they do when you request a FOIPA, after November 2002, USCIS asked FBI to include in this name check a search extended to the "reference" files, which screwed up zillions of applicants because the large number of "false positive hits". See the description of the process and the timeline in Michael Cannon's declaration given to a New Hampshire District Court lawsuit.
So in November 2002, USCIS changed the rules, but they forgot to go back to Congress and amend the legislation and publish in the C.F.R. a new, amended regulation, which describes this change. Can we challenge this? I doubt it, like you. Is this fair? I don't think so... So, what can we do? Like you said, file 1447(b) and hope that this automatically generates an expedite request witht he FBI. If not we have to try to fight them in court to include in the court's order a timeline when the judge remands the case back to USCIS.
After reading yesterday the Seattle case, I was celebrating... Didn't last too long. The Missouri Court decision posted also yesterday, where the judge refused to impose a timeline in his remand order, really depressed me. It is such an emotional rollercoaster...
Today morning I filed in court the Certificate of Service.
Hello said904,
In my opinion right now you can do there three things to find out when the name check/fingerprint were initiated and what is finished and what is still pending.
Go to InfoPass and ask the clerk, if you are lucky clerk will tell you. I tried but clerk did not tell me, per her it is confidential. You can find out via your senator / representative by writing a letter, I do not know how long it will take. I have asked my representative more then a week ago still waiting. Finally you can write a latter to David M. Hardy who is Chief of Record/Information Dissemination Section in FBI. But again I did not know the turn around time. I have just mailed a certified letter to him to find out that when the different checks were initiated and what are there statues?
Do not sit back, ask the court when you need to file motion against judge’s decision and start preparing it.
Good luck, if you need sample letters let me know.
In my opinion right now you can do there three things to find out when the name check/fingerprint were initiated and what is finished and what is still pending.
Go to InfoPass and ask the clerk, if you are lucky clerk will tell you. I tried but clerk did not tell me, per her it is confidential. You can find out via your senator / representative by writing a letter, I do not know how long it will take. I have asked my representative more then a week ago still waiting. Finally you can write a latter to David M. Hardy who is Chief of Record/Information Dissemination Section in FBI. But again I did not know the turn around time. I have just mailed a certified letter to him to find out that when the different checks were initiated and what are there statues?
Do not sit back, ask the court when you need to file motion against judge’s decision and start preparing it.
Good luck, if you need sample letters let me know.
said904 said:hello
thank you for your relies.
I have a question, How can I find out when my name check was submitted and if it was completed or not
Thanks
PendingN400
Registered Users (C)
Paz...
I like your line of reasoning. I suppose a cumulative reading of all reasonings cited in various case filings plus what you state should be included in any rebuttals. Do you have a list of cases (just case numbers will do) where a court has remanded the matter with explicit instructions on timely completions? If you cite these your chances may improve (although not in the initial complaint - for some reason I have never seen any initial complaint filed containing judicial opinions from other cases).
I like your line of reasoning. I suppose a cumulative reading of all reasonings cited in various case filings plus what you state should be included in any rebuttals. Do you have a list of cases (just case numbers will do) where a court has remanded the matter with explicit instructions on timely completions? If you cite these your chances may improve (although not in the initial complaint - for some reason I have never seen any initial complaint filed containing judicial opinions from other cases).
Please find attached sample letters
said904 said:hello
thank you again for your replies
786riz, please send me the sample letters to fbi ans senator
thanks
paz1960 said:Hi oblomov,
Would you post the exact wording of this letter from USCIS? (of course, you should omit the personal information part, to protect your privacy).
It is strange, I never heard about such letter associated to a 1447(b) or WOM lawsuit.
Exact wording:
Examination of your application (N100) shows that additional information,
Documents or forms are needed before your application can be acted upon. Please RETURN
WITH THIS LETTER AND WITH REQUESTED INFORMATION and/or DOCUMENTS on:
Xx/xx/2006
At: USCIS address xxxxx
Reason:
To re-sign all your documents or to request name change documentation.