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

[milena]

Be Vigilant & Knowledgable about your district

I just want to weigh in on your AUSA dismissal stipulation letter. You don't have to trust AUSA but you should be aware and vigilant if his offer is legit and he is on the level. (It is difficult to trust the government but if they did not respond to the court to dismiss and are telling you to make arrangement to settle your case, that is a good sign, they are acting in good faith--trust me I didn't trust these suckers as well) If you check the lawsuit summary section you can get a good idea if your districts is successfully expediting or delaying theses cases. Last time I check S.Francisco and C. Cal the cases are settle smoothly with out a hitch.

Everyone has good intention in this forum and wants to offer good advice but it is up to you to find out what is the right out come for your own situation and a little research to verify successful outcome will always help build awareness about your case then taking advice blindly from anyone, even with good intention.

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.

 

[hayyyoot]

to Helenzli

Helenzli, your message box is full, I couldn't reply to your email, my answer is: yes, when I filed the response, I served teh US attorney, and all defendants, and I am intending to file a proof of service when I get teh certified mail receipts, please, guys, correct me if I did it wrong, did I waste my time on an unnecessary thing?

 

[paz1960]

Helenzli, your message box is full, I couldn't reply to your email, my answer is: yes, when I filed the response, I served teh US attorney, and all defendants, and I am intending to file a proof of service when I get teh certified mail receipts, please, guys, correct me if I did it wrong, did I waste my time on an unnecessary thing?

Hello hayyyoot,

My understanding reading the Civil Process rules and also this forum, that after the initial serving your complaint and summonses to all the defendants + US Attorney's office in your district + US Attorney General (even if he is not a defendant, although I saw invariably, that people, including myself, are sueing also Alberto Gonzales); you are dealing with the court and with the counsel of the defendants, i.e., the US Attorney (in fact one of his/her assistants = AUSA).

I intend to send copies of all the papers filed with the court only to AUSA with certified mail, return receipt requested, and yes, I will file with the court Certificate of Service for all the papers sent to AUSA.

 

[paz1960]

I just want to weigh in on your AUSA dismissal stipulation letter. You don't have to trust AUSA but you should be aware and vigilant if his offer is legit and he is on the level. (It is difficult to trust the government but if they did not respond to the court to dismiss and are telling you to make arrangement to settle your case, that is a good sign, they are acting in good faith--trust me I didn't trust these suckers as well) If you check the lawsuit summary section you can get a good idea if your districts is successfully expediting or delaying theses cases. Last time I check S.Francisco and C. Cal the cases are settle smoothly with out a hitch.

Everyone has good intention in this forum and wants to offer good advice but it is up to you to find out what is the right out come for your own situation and a little research to verify successful outcome will always help build awareness about your case then taking advice blindly from anyone, even with good intention.

Hello milena,

I just realised looking more carefully to the signature part of your message that your case is a victory! Congratulations! One more score for us against this unlawful practice of USCIS.

 

[memme]

After about 90 days of filing WoM, I have got an appointment notice for the finger printing as they were expired. Is it any positive sign?

I remember USCIS telling my congress man that, "Constituent's FP are expired. However, they will not schedule finger printing until name check is complete"

Should I have some hope that my name check is complete? or will it be jumping over the board?

 

[paz1960]

After about 90 days of filing WoM, I have got an appointment notice for the finger printing as they were expired. Is it any positive sign?

I remember USCIS telling my congress man that, "Constituent's FP are expired. However, they will not schedule finger printing until name check is complete"

Should I have some hope that my name check is complete? or will it be jumping over the board?

Hello memme,

From previous cases posted on this forum, seems to me that you are really close to the end now. Yes, I believe that scheduling the second FP is done only after they have pulled you out from the black hole called colloquially "name check".

 

[PendingN400]

I have seen numerous petitions where the attorneys have claimed jurisdiction under 28 USC 2201 (Declaratory Judgement). My read on Wikipedia tells me that this statute is used when plaintiff has sent a letter to defendant that a lawsuit will be filed as a last option, so they better act. Is this true? Does a petitioner have to send a letter warning of upcoming lawsuit and only then cite 28 USC 2201?

 

[paz1960]

I have seen numerous petitions where the attorneys have claimed jurisdiction under 28 USC 2201 (Declaratory Judgement). My read on Wikipedia tells me that this statute is used when plaintiff has sent a letter to defendant that a lawsuit will be filed as a last option, so they better act. Is this true? Does a petitioner have to send a letter warning of upcoming lawsuit and only then cite 28 USC 2201?

PendingN400,
Would you please verify the code quotation? Under 28 USC 2201 seems that there is something completely irrelevant. See http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00002201----000-.html

 

[PendingN400]

28 Usc 2201

I have seen this at
http://en.wikipedia.org/wiki/Declaratory_judgment

This has been cited under jurisdiction along with 8 USC 1447(b) in numerous petitions that I have seen so far. I was just wondering if one has to have made a last attempt (letter) against any defendant before filing a lawsuit, and then citing this as jurisdiction in your petition. If so, for those of us filing pro-se who have not warned CIS of upcoming civil action, may not be able to use this statute. Also, is any one familiar with the Adminsitrative Appeals Act? When does it apply?

PendingN400,
Would you please verify the code quotation? Under 28 USC 2201 seems that there is something completely irrelevant. See http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00002201----000-.html

 

[paz1960]

I have seen this at
http://en.wikipedia.org/wiki/Declaratory_judgment

This has been cited under jurisdiction along with 8 USC 1447(b) in numerous petitions that I have seen so far. I was just wondering if one has to have made a last attempt (letter) against any defendant before filing a lawsuit, and then citing this as jurisdiction in your petition. If so, for those of us filing pro-se who have not warned CIS of upcoming civil action, may not be able to use this statute. Also, is any one familiar with the Adminsitrative Appeals Act? When does it apply?

Unfortunately, I have no knowledge about this. Here comes the difference between me (an amateur) and a professional (with a law degree)...

But I'll keep reading and will come back if I find out something.

As a general remark, in my opinion in a Petition to hear a case under 1447(b), you don't have to demonstrate that you did everything possible before you filed your complaint, including the last warning to the USCIS that 'better act otherways I'll sue you'. (I did this) It may be an additional argument in front of the judge, to demonstrate that you are not sueing them (USCIS, FBI) just because you love arguing, litigating. I'm not sure if this has any relevance, I'm just speculating.

 

[PendingN400]

In my earlier post I meant Adminstrative Procedures Act and not Appeals Act. I have seen petitions where all 3 statutes (1447, mandamus and APA) are cited under jurisdiction. The reason why mandamus would be relevant is that you can at some stage present the CIS memo that states that an name check may be expedited if someone has filed a mandamus lawsuit. Also this way you have covered all bases - 120 day rule, loss of all administrative remedies (letters, Infopass visits, congressmen/senators contacts, etc...) and APA which alludes to "reasonable time" issue (going back to 120 day intent of congress).

 

[wenlock]

question

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.

Jzdc,

I got question for you did you tried to contact your US attorney before 60 days and tried to explain your situation or you just waited for response. I have seen in WOM cases where People tried to contact US attorney before 60 days and tried to work with them instead of just waiting for response.

I know case in my city where Plaintiff contact US attorney 3 weeks before 60 days and they decided with 30 day extention and case was dismissed about 10 days after dead line. Plaintiff met US attorney gave him USCIS memo about critaria for expediated request. US attorney understood it and tried to work with Plaintiff before dead line.

I am not sure if it applies to you but let us know. I do not think that US attorney response is that power ful you should be able to respond with corresponding cases covering jurisdiction issue. I am not sure that what does this statement means by them that they agree on some paragraphs and does not agree on others.

Please share with us so far things that you have collected about responsing to this motion to dismiss.

I am looking around cases if I find some thing covering this I will let you know.

 

[Floridawaiter]

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!!!!

If your AP is still valid you may use it. Otherwise you are going to have a big trouble to get into US. I had a terrible experience several years ago.

 

[happyball]

Congratulations and 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.

Hi, Potter,

Fisrt of all, Congratulations on your victory!

Secondly, after you recieved your GC then dismiss!

Thirdly, is it really that simple to dismiss by plantiffs? Just file CV-9 in central district of California? I am in Certral Dist. of CA too and I heared there is some format in Certral Dist. of CA for the dismissal. If file the motion to dismiss by plaintiff, you need serve a copy to DA, and need attach the proof of service when you file to the court. Keep post when you have more information about the dismissing. I am now working on it too.


Best wishes!

 

[jzdc]

Wenlock,
Thank you so much for your reply.

I did contact the US attorney a couple of times. She sounded very polite and wanted to help. I called her about 10 days before deadline. She called me back the next day and told me she just contacted FBI to expediate the background check and told me they might want more time to do that. I thought they were all good signs. Then I got this letter on the deadline date Oct 30 sounded like my case is denied. I also read some message from here that I shouldn't trust the US attorney since they are our defendants, but some say they are helpful. Now I really want to call her to find out what went wrong but I am scared. I feel like I can't trust anybody but the people here with the same fighting.

Jzdc,

I got question for you did you tried to contact your US attorney before 60 days and tried to explain your situation or you just waited for response. I have seen in WOM cases where People tried to contact US attorney before 60 days and tried to work with them instead of just waiting for response.

I know case in my city where Plaintiff contact US attorney 3 weeks before 60 days and they decided with 30 day extention and case was dismissed about 10 days after dead line. Plaintiff met US attorney gave him USCIS memo about critaria for expediated request. US attorney understood it and tried to work with Plaintiff before dead line.

I am not sure if it applies to you but let us know. I do not think that US attorney response is that power ful you should be able to respond with corresponding cases covering jurisdiction issue. I am not sure that what does this statement means by them that they agree on some paragraphs and does not agree on others.

Please share with us so far things that you have collected about responsing to this motion to dismiss.

I am looking around cases if I find some thing covering this I will let you know.

 

[wenlock]

Wenlock,
Thank you so much for your reply.

I did contact the US attorney a couple of times. She sounded very polite and wanted to help. I called her about 10 days before deadline. She called me back the next day and told me she just contacted FBI to expediate the background check and told me they might want more time to do that. I thought they were all good signs. Then I got this letter on the deadline date Oct 30 sounded like my case is denied. I also read some message from here that I shouldn't trust the US attorney since they are our defendants, but some say they are helpful. Now I really want to call her to find out what went wrong but I am scared. I feel like I can't trust anybody but the people here with the same fighting.

Hmm sounds like she is trying to buy time. Did you mentioned to her that you are willing to give more time if she is actually working with FBI on this matter or you left it alone. Also I noticed your complaint says

COMPLAINT FOR MANDAMUS AND INJUNCTIVE RELIEF

I was reading AILF practice summary about mandamus and I found following paragraph. I think that US Attorney is complaining about your jurisdiction due to this but I am NOT SURE so don't quote me on this I know little about it but just to give you some idea also I found this motion to dismiss response that covers good points take a look at this too


Injunctive/Declaratory Relief: A mandamus suit is an action for affirmative relief, as compared to injunctive relief, which typically seeks to prohibit improper action. Although 28 U.S.C. § 1361 does not authorize injunctive relief, mandamus jurisdiction permits a flexible remedy.

 

[cajack]

I think we are in similar situation, although I filed 1447b. My AUSA told my attorney that she already made a request to FBI to expediate my name check, but the result did not come back. On 60th day, she filed an answer stated that an answer for the compliant is necessary, but did not say when the answer will be. If she does not hear anything back from FBI, she is going to meet with my attorney in front of the judge to setup a court date. I really don't want to go that far, but it is out of my control right now.

Jack

Wenlock,
Thank you so much for your reply.

I did contact the US attorney a couple of times. She sounded very polite and wanted to help. I called her about 10 days before deadline. She called me back the next day and told me she just contacted FBI to expediate the background check and told me they might want more time to do that. I thought they were all good signs. Then I got this letter on the deadline date Oct 30 sounded like my case is denied. I also read some message from here that I shouldn't trust the US attorney since they are our defendants, but some say they are helpful. Now I really want to call her to find out what went wrong but I am scared. I feel like I can't trust anybody but the people here with the same fighting.

 

[jzdc]

Thanks a lot, Wenlock. I have downloaded the response in your reply and will study it. I sure hope the AUSA is buying time instead of just turned down my case. But you never know. I have lost my trust to anything related to the govertment. I won't be supprised if she turned in to a jerk all of sudden. She works for the govertment after all.

I wonder if you are right about the wrong wording in my complaint, what shall I do? It will be too late by now. I just copied someone else complaint and fit my info there. I am not an expert. I am totally screwed.

Hmm sounds like she is trying to buy time. Did you mentioned to her that you are willing to give more time if she is actually working with FBI on this matter or you left it alone. Also I noticed your complaint says

COMPLAINT FOR MANDAMUS AND INJUNCTIVE RELIEF

I was reading AILF practice summary about mandamus and I found following paragraph. I think that US Attorney is complaining about your jurisdiction due to this but I am NOT SURE so don't quote me on this I know little about it but just to give you some idea also I found this motion to dismiss response that covers good points take a look at this too


Injunctive/Declaratory Relief: A mandamus suit is an action for affirmative relief, as compared to injunctive relief, which typically seeks to prohibit improper action. Although 28 U.S.C. § 1361 does not authorize injunctive relief, mandamus jurisdiction permits a flexible remedy.

 

[jzdc]

Thank you for sharing, Jack. So you never got the actual "Answer" in paper? When did it happen? Don't you have to response in a certain amount of time? That's why I am so worried. I think I need to response shortly but don't know how. You are lucky you have an attorney. I can't afford one. It will really suck if I have to go through the same thing on my own.

I think we are in similar situation, although I filed 1447b. My AUSA told my attorney that she already made a request to FBI to expediate my name check, but the result did not come back. On 60th day, she filed an answer stated that an answer for the compliant is necessary, but did not say when the answer will be. If she does not hear anything back from FBI, she is going to meet with my attorney in front of the judge to setup a court date. I really don't want to go that far, but it is out of my control right now.

Jack

 

[wenlock]

Kepp your hopes high

Thanks a lot, Wenlock. I have downloaded the response in your reply and will study it. I sure hope the AUSA is buying time instead of just turned down my case. But you never know. I have lost my trust to anything related to the govertment. I won't be supprised if she turned in to a jerk all of sudden. She works for the govertment after all.

I wonder if you are right about the wrong wording in my complaint, what shall I do? It will be too late by now. I just copied someone else complaint and fit my info there. I am not an expert. I am totally screwed.

Hey don't worry I do not think you are in bad situation. I would get worried if you get to discovery stage. I have yet to find any suit yet that went to discovery. If any one found any case like that please let us know.
As far as I understand Mandamus complaint is usually for asking some kind of working remedy that works for you. You can not get every thing that you ask court. I would look search pacer and look for cases that were filled and did not closed with in 90 days they will probabaly include motions to dismiss and responses. if you find some thing related post it here we can comment on that.