Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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zoro3 said:
Hi zoro3,
Follow the link http://pacer.psc.uscourts.gov/ This is the main page. On the left side, second item is "Register for PACER". You will need a valid credit card to register and of course, your personal data (name, address, ph, e-mail).
After you register, they will send you an e-mail (sometimes only next business day) with a link where you can retrive your username and password.
The third item on the left of the main page is "links to PACER web sites". From here you can navigate to any of the district court or appelate court web page. Here you should look for something like "CM/ECF Live database". That will take you to a login page where you need to type in your username and password.
After you are logged in, you should do a query. You can seach by case number, or lawsuit type, or by pary's name. Usually you will get the newer immigration related cases if you put as party last name Chertoff or Gonzales (they are always defendants in these lawsuits). Of course, you will get also some 'false hits', not all the immigration related cases are WOM or 1447(b) laswuits. For the beginning, this should do it.
When you have the case, you can click on different options. I usually list the docket content and from there you can download all the documents (one by one) related to that particular case. But be careful, each posted page cost you 8 cents. They charge you for every search, even if the search result is nothing (in that case 1 page). You can find a pretty detailed description about how to use this whole system on the PACER web page.
Hope that this helps.
Last edited by a moderator:
potter said:
The attached file is for a case filed under 1447(b) Petition for hearing on naturalization application, but you can easily adapt to your WOM case. The other difference is that in the case posted, USCIS followed the statue and considered that the district court has jurisdiction till the lawsuit is active, so in order to adjudicate the application they needed to ask the court to remand the case back to USCIS (i.e., USCIS would regain the jurisdiction on the application).
akram88 said:
Hi!
Yes, you are right. My mom filed twice. It didn't help, but didn't hurt either. She did have the second interview though, and during the interview the CIS officer withdrew her first application, and left the second one pending for security check. She even came out and talked to me (I was waiting in the hall), and said that she would have loved to help, but there was nothing else she can do.
I filed the lawsuite 120 days after that second interview. However, the response that we received from AUSA only mentioned the date of her first interview 2.5 years ago.
I think that if you can withdraw your second application that would be the best way to go. After that file a lawsuite. That's the only thing that seems to work with those guys.
By the way, my mom got her oath invitation letter yesterday! The ceremony is scheduled for November 8th!
GC is approved while in another country? Please help
Please help!!!
Does anyone know what I should do if my I485 is approved while I am outside US?
Can I still use my AP to return to US?
I was told my EAD and AP are automatically expired as soon as my green card application is approved?
Thanks!!!!
Please help!!!
Does anyone know what I should do if my I485 is approved while I am outside US?
Can I still use my AP to return to US?
I was told my EAD and AP are automatically expired as soon as my green card application is approved?
Thanks!!!!
Hi, PAZ1960 and other friends here,
I served the summon + complaint to each defendants, US Atty local and US Atty general. I tracked on the web of USPS and got the search result: "Deliveried". Right now I need to send "Proof of Service(typed by myself)" with all receipts + internet tracking result back to the court. My questions are:
1. Do I need to send a copy of the Proof of Service to US Atty local and US atty general?
2. After this, I only need to call US Atty local right? or both of US Atty local and US Atty general?
Thanking you!!!
I served the summon + complaint to each defendants, US Atty local and US Atty general. I tracked on the web of USPS and got the search result: "Deliveried". Right now I need to send "Proof of Service(typed by myself)" with all receipts + internet tracking result back to the court. My questions are:
1. Do I need to send a copy of the Proof of Service to US Atty local and US atty general?
2. After this, I only need to call US Atty local right? or both of US Atty local and US Atty general?
Thanking you!!!
IreneB said:Hi!
Yes, you are right. My mom filed twice. It didn't help, but didn't hurt either. She did have the second interview though, and during the interview the CIS officer withdrew her first application, and left the second one pending for security check. She even came out and talked to me (I was waiting in the hall), and said that she would have loved to help, but there was nothing else she can do.
I filed the lawsuite 120 days after that second interview. However, the response that we received from AUSA only mentioned the date of her first interview 2.5 years ago.
I think that if you can withdraw your second application that would be the best way to go. After that file a lawsuite. That's the only thing that seems to work with those guys.
By the way, my mom got her oath invitation letter yesterday! The ceremony is scheduled for November 8th!
Thanks Irene and Paz for your replies and congrats for Irene's mom
I think I'll ask on my infopass appoitment if I can keep both applications, otherwise I'll try to withdraw the second one. Hopefully they didn't withdraw my first one automaticaly.
Irene, did you mention both application in your suit or just the second one?
I'll will keep you guys updated of the outcome of my infopass tuesday.
DelightFish
Registered Users (C)
Response to Motion to dismiss
Hi Phoenixui,
Congratulations to your success. Yes, I agree with paz1960. If you can post here your response to the AUSA's Motion to dismiss, it will be greatly appreciated!
Thanks.
Hi Phoenixui,
Congratulations to your success. Yes, I agree with paz1960. If you can post here your response to the AUSA's Motion to dismiss, it will be greatly appreciated!
Thanks.
paz1960 said:
Dismissal form
AUSA sent me a pre-typed dismissal form. It is for Central District of California, form code CV-9. Its subject is "Notice of Dismissal Pursuant Rule 41(a) or (c) F.R.Civ.P." In the section of "Please take Notice", "This action is dismissed by the Plaintiff(s) in its entirety" is checked.
AUSA said everything would be set if I sign it and send it back to him. So, it seems to me, at least at the Central District of California, we don't need to write anything to explain the motion to dismiss, but fill out this form.
AUSA sent me a pre-typed dismissal form. It is for Central District of California, form code CV-9. Its subject is "Notice of Dismissal Pursuant Rule 41(a) or (c) F.R.Civ.P." In the section of "Please take Notice", "This action is dismissed by the Plaintiff(s) in its entirety" is checked.
AUSA said everything would be set if I sign it and send it back to him. So, it seems to me, at least at the Central District of California, we don't need to write anything to explain the motion to dismiss, but fill out this form.
loosing WOM case need help urgently
I really need you guys help now. I have no experience at all on this and I have no idea what to do next. I don’t want to just give up but I need some guidance here. I am thinking if it is because I filed “WOM” pro se so they take advantage of me. I will be so thankful if anyone shares some ideas with me.
I got “Answers to Complaints” on Oct 30, here is the brief message.
Defendants’ Answer
Comes now Defendants, by and through their counsel, John McKay, united states attorney for the western district of Washington, and Kristin b Johnson, Assistant united states attorney of said district, and hereby answer plaintiff’s complain t for Mandamus and injunctive relief as follows:
1. the allegations in paragraph 1 of plaintiff’s complaint are plaintiff’s characterization of this action, to which no answer is required. To the extent an answer is required , however, defendants deny said allegations, except that plaintiff has a pending I-485 application to adjust status.
2. defendants admit that plaintiff has had an application for adjustment pending with u.s. citizenship and immigration services since approximately December 2003. defendants lack sufficient information to admit or deny the remaining allegations in paragraph 2 plaintiff’s complaint, and on the basis deny said allegations.
3. -----8 defendants admit the allegations in paragraph 3-8of plaintiff’s complaint.
9. the allegations in paragraph 9 of plaintiff’s complaint are a statement of jurisdiction, which contain legal conclusions to which no answer is required. To the extent that an answer is required, defendants deny the allegations in paragraph 9 of plaintiff’s complaint and put plaintiff to her proof.
10---23 some are “admits”, some are “denies”
Prayer for relief
The allegations in paragraph 24 of plaintiff’s complaint constitute requestons for relief, to which no answer is required. To the extent an answer is required, however, defendants deny said allegations and specifically deny that plaintiff is entitled to the relief she requests.
Affirmative Defenses,
Further answering plaintiff’s complaints, and as defenses thereto, defendants allege as follows:
First affirmative defense
1. Plaintiff’s complaint fails to state a claim upon which relief can be granted.
Second affirmative defense
2. this court lacks jurisdiction over the subject matter of this action.
Third affirmative defense
3. defendants reserve the right to any and all such affirmative defenses as many become apparent in the course of discovery.
Wherefore, having fully answered plaintiff’s complaint and having alleged certain affirmative defenses, defendants pray that plaintiff’s complaint be dismissed with prejudice, that plaintiff take nothing by her complaint, and that defendants be allowed costs and such other and further relief and the court deems just and equitable.
I really need you guys help now. I have no experience at all on this and I have no idea what to do next. I don’t want to just give up but I need some guidance here. I am thinking if it is because I filed “WOM” pro se so they take advantage of me. I will be so thankful if anyone shares some ideas with me.
I got “Answers to Complaints” on Oct 30, here is the brief message.
Defendants’ Answer
Comes now Defendants, by and through their counsel, John McKay, united states attorney for the western district of Washington, and Kristin b Johnson, Assistant united states attorney of said district, and hereby answer plaintiff’s complain t for Mandamus and injunctive relief as follows:
1. the allegations in paragraph 1 of plaintiff’s complaint are plaintiff’s characterization of this action, to which no answer is required. To the extent an answer is required , however, defendants deny said allegations, except that plaintiff has a pending I-485 application to adjust status.
2. defendants admit that plaintiff has had an application for adjustment pending with u.s. citizenship and immigration services since approximately December 2003. defendants lack sufficient information to admit or deny the remaining allegations in paragraph 2 plaintiff’s complaint, and on the basis deny said allegations.
3. -----8 defendants admit the allegations in paragraph 3-8of plaintiff’s complaint.
9. the allegations in paragraph 9 of plaintiff’s complaint are a statement of jurisdiction, which contain legal conclusions to which no answer is required. To the extent that an answer is required, defendants deny the allegations in paragraph 9 of plaintiff’s complaint and put plaintiff to her proof.
10---23 some are “admits”, some are “denies”
Prayer for relief
The allegations in paragraph 24 of plaintiff’s complaint constitute requestons for relief, to which no answer is required. To the extent an answer is required, however, defendants deny said allegations and specifically deny that plaintiff is entitled to the relief she requests.
Affirmative Defenses,
Further answering plaintiff’s complaints, and as defenses thereto, defendants allege as follows:
First affirmative defense
1. Plaintiff’s complaint fails to state a claim upon which relief can be granted.
Second affirmative defense
2. this court lacks jurisdiction over the subject matter of this action.
Third affirmative defense
3. defendants reserve the right to any and all such affirmative defenses as many become apparent in the course of discovery.
Wherefore, having fully answered plaintiff’s complaint and having alleged certain affirmative defenses, defendants pray that plaintiff’s complaint be dismissed with prejudice, that plaintiff take nothing by her complaint, and that defendants be allowed costs and such other and further relief and the court deems just and equitable.
DelightFish
Registered Users (C)
Hi jzdc,
Don't be upset. There is still hope. At this time, a strong response to oppose them is very necessary.
I really hope whoever has experience on this could share more ideas.
Don't be upset. There is still hope. At this time, a strong response to oppose them is very necessary.
I really hope whoever has experience on this could share more ideas.
Don't Don't Don't
My AUSA wanted me to sign this shit too, they are bullshitting us, don't dismiss based on a verbal promise of adjudication, here is an acceptable dismissal form:
Parties by and through their attorney of record, and through pro se agree to dismiss the above case without prejiduce because the USCIS will approve plaintiff's N-400 within ......days, and will schedule an oath ceromony within ....days.
PLEASE PLEASE don't trust the AUSA they are NOT to be trusted, read my earlier posts to see what tricks they can play on you.
My AUSA wanted me to sign this shit too, they are bullshitting us, don't dismiss based on a verbal promise of adjudication, here is an acceptable dismissal form:
Parties by and through their attorney of record, and through pro se agree to dismiss the above case without prejiduce because the USCIS will approve plaintiff's N-400 within ......days, and will schedule an oath ceromony within ....days.
PLEASE PLEASE don't trust the AUSA they are NOT to be trusted, read my earlier posts to see what tricks they can play on you.
potter said:
Moon_g said:
Hi Moon_g,
Yesterday I filed personally in the district court The Certificate of Service with the summonses filed with the required information and the certified mail receipts+USPS web tracking results. Fortunately, I had the original+2 copies with me; the clerk asked the original+1 copy for the judge; the third copy I got back stamped with the date and the mark "filed".
Although I am not convinced that is necessary (there are conflicting reports on this forum), I sent a copy of these filed papers to the US Attorney's office by certified mail (the US Attorney's office and the main branch of the district court is in a different city). Doesn't make much sense to send a copy of the Certificate of Service to AUSA, because they were already served, but just to be on the safe side, I decided to send them a copy of everything I file with the district court.
I didn't send a copy about this Certificate of Service to the US Attorney General; I'm pretty sure, that he is out of the loop as soon as hewas served. From now on, all the defendants are represented by AUSA (I don't believe that they already assigned my case to somebody; it was filed only last week.)
Hi There,
Do not woory, you are not loosing, case is just started. AUSA have to file something against your complain and so that what it is. You need to file a motion against it. First search the pacer and look for cases in your dist. I will also look into my files to give your some material.
Again stay calm and keep searching pacer.
Thank you.
Do not woory, you are not loosing, case is just started. AUSA have to file something against your complain and so that what it is. You need to file a motion against it. First search the pacer and look for cases in your dist. I will also look into my files to give your some material.
Again stay calm and keep searching pacer.
Thank you.
jzdc said:
I don't want to give up, but where shall I start?
Thanks so much for all the replies. I am really geting nervous now about loosing the fight. Here I attacthed my complaints and I hope this helps more for the people wants to help me with this fight. I wonder if I should call the AUSA for help? Maybe it is not a good idea but I would do anything now to change the situation of my case.
I thank you all who share your opinions.
potter said:
Thanks so much for all the replies. I am really geting nervous now about loosing the fight. Here I attacthed my complaints and I hope this helps more for the people wants to help me with this fight. I wonder if I should call the AUSA for help? Maybe it is not a good idea but I would do anything now to change the situation of my case.
I thank you all who share your opinions.
786riz said:
I will great if you have some sample for me to study. What it will be if I fill something to against it, something like "Motion against Answer"? I admit now I can't even think calm. I don't know why I am always the unlucky one when it comes to deal with the govertment.