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

[cajack]

I think you should be fine, because I believe the AUSA is trying to buy some time to solve your case. By law, AUSA has to file an answer 60 days after they are servered. That is why you saw your answer. It is pretty expensive to hire any attorney to work on my case. But I don't have choice, I am too busy. Although you don't have an attorney, you can still find all the information you need on this forum. People on this forum are very nice and will help you. I understand the pressure that you are dealing with, because many of us on this forum have to go through this. Just keep fighting and you will get what you want.

I found the answer to my case on pacer 60 days after AUSA is served. Currently, my attorney and AUSA are working together to file a joint status report, because it is required by the court. On 11/20, they will present in front of the judge to discuss this issue and setup a trail date, if the case is not settle by then. My attorney told me that there are two outcome in my case. One is the court will give a little bit more time to AUSA to allow she to finish the name check. The other one is the court is to remand the case back to USICS with instructions, such as seting up the time limit for USCIS to adjustcate the case. Hopefully, I do not have to go that far. Wish you the best.

Jack

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.

 

[cajack]

wenlock:

What is discovery stage?

Thanks,

Jack

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.

 

[paz1960]

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.

jzdc, you are not screwed at all. Your complaint is not decided by AUSA, so she couldn't turn down your case. The complaint is decided by the judge. Your words agains their words. If you prepare well an Opposition to the motion to dismiss, you have a fair chance. At this moment everybody is just buying time. Because the defendants (in this case the AUSA, who represents them) had to answer your complaint or to enter a motion before the statutory 60 days deadline expired, and the FBI didn't complete your name check, AUSA filed this motion based on rather standard arguments, which were successfully defeated in many courts.

Of course, you will need to do your homework. Nobody is expert on this forum, so don't worry that you are not one. But people learn, there is enough useful material posted in this forum to become an almost-expert if you read patiently. If you decided to file Pro Se, you really need to do an extra effort and fight this till the end. Don't take it personal, this is not happening only to you, you are not unlucky, you found at least this forum, a good resource for all the necessary info. I wish I had find this place earlier; I would not wait for 2 years+ to file this complaint. Is it scary (sueing the Government)? Sure it is. But you are right, the law is on your side, now you have to convince the judge that you are right indeed.

Check your local court rules, how much time you have to file a response to the AUSA's motion. In my court, here is the relevant rule:

"Definition - Dispositive motions are motions for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, to involuntarily dismiss an action, and other dispositive motions as defined by law. Motions for dismissal as a sanction pursuant to Federal Rules of Civil Procedure 16 or 37 shall be subject to the briefing schedule for nondispositive motions.
(b) Length of briefs - Any brief filed in support of or in opposition to a dispositive motion shall not exceed twenty-five (25) pages in length, exclusive of cover sheet, tables, and indices.
(c) Briefing schedule - Any party opposing a dispositive motion shall, within twenty-eight (28) days after service of the motion, file a responsive brief and any supporting materials. The moving party may, within fourteen (14) days after service of the response, file a reply brief not exceeding ten (10) pages. The Court may permit or require further briefing."

If you are not done with your Opposition, you may ask an extension from the judge in a motion, but make sure that this motion is filed with the court before the deadline to file your Opposition to the AUSA's motion.

I believe that here is a matter of time, because the AUSA stated that she requested FBI to expedite your name check. You have approximately one month (check your local rules!) to answer, or you can ask 30 more days, so easily almost two months (if the judge grants you the 30 day extension; very likely), probably enough time to finish your name check if it was indeed expedited.

 

[wenlock]

Discover

wenlock:

What is discovery stage?

Thanks,

Jack

Discovery
Discovery is the process of obtaining information and evidence relevant to your case.19 A
scheduling order may contain a deadline for the completion of discovery. There are many
different ways to obtain discovery. The most common are: interrogatories (written questions),
requests for production of documents, and depositions.20 Most discovery requests are directed to
the parties in the case, although under certain circumstances, discovery can be obtained from
non-parties. Conduct of discovery is governed by FRCP Rules 26-37 and Local Rules 26.01-
37.02.
When conducting discovery, be sure to make your requests promptly so that the party responding
has sufficient time before the discovery deadline to answer or object. It is also important to
respond to any discovery requests you receive by the deadline indicated unless the other party
agrees, in writing, that you may have additional time. See Local Rules 29.01 and 37.01.
*A party who does not respond to a discovery request may be subject to sanctions, which
may include dismissal of your action if you are the plaintiff, or a judgment against you if
you are the defendant.
Do not send copies of discovery requests or responses to the court for filing or for information
unless: (1) you are directed by the court to do so or (2) you are filing the discovery document in
support of or in opposition to a motion. See Local Rules 5.01 and 7.04. Send a copy of the
request to the party expected to respond and keep the original. Send the original of any
responses you provide to the party requesting discovery and keep a copy for your records.

 

[wenlock]

Encourgement

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 have little encourgement for you. I searched in Fourth District Court from Jan this year to Oct 31st and searched for all 890 cases. All but only one case got closed with in 90 - 100 days. I am sure not single one got through trial. Only once case is pending since Feb because Petitioner had 5 convictions against him but guess what just yesterday he got scheduled for Oath cermony. His trial date was Nov 26th.

I am sure if People can get away with that I am sure you are not in bad situation considering no convictions.

Strange thing is that just in last 60 days Fifty percent of cases got filed. I sure pretty soon USCIS will start going to hit hard with Cases and I am sure they will look for some alternate way to delay people.

 

[potter]

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!

Thank happyball and others for the advice regarding case dismissal. The reason I agreed to sign the dismissal form is that I got approval emails from USCIS. Also, the AUSA sent me the copy of my original I485 application form with "approved" stamp on it.

Yes, for Central District Court of California, CV-9 form is the only thing you need to sign for case dismissal.

 

[cajack]

I think they already found the alternative way to delay people. Starting from this May, USCIS is not going to schedule an interview, if the background check is not done.

I have little encourgement for you. I searched in Fourth District Court from Jan this year to Oct 31st and searched for all 890 cases. All but only one case got closed with in 90 - 100 days. I am sure not single one got through trial. Only once case is pending since Feb because Petitioner had 5 convictions against him but guess what just yesterday he got scheduled for Oath cermony. His trial date was Nov 26th.

I am sure if People can get away with that I am sure you are not in bad situation considering no convictions.

Strange thing is that just in last 60 days Fifty percent of cases got filed. I sure pretty soon USCIS will start going to hit hard with Cases and I am sure they will look for some alternate way to delay people.

 

[paz1960]

citation of newer cases

Does anybody know how to find the correct citation of recent cases where I have only the case number, parties' names, district court and date of the judge order? I saw citations from F.Supp (Federal Suppliment), or WL, or NEXIS. How can I search these publications?

 

[wenlock]

I know

I think they already found the alternative way to delay people. Starting from this May, USCIS is not going to schedule an interview, if the background check is not done.

I understand but it still does not cover WOM. I am one of them I have pending N-400 from June 2005 but no interview. I filled WOM i do not qualify for 1447b. All they are doing is delaying but not solving the issue.

My DO was running behind on interview and May memo just took care of pending name check fellows. I am one of those who got stuck in name check

 

[paz1960]

draft letter to the CIS Ombudsman

I drafted a letter what I intend to send to the CIS Ombudsman. I would be interested in your comments/suggestions.

 

[wenlock]

nice

I drafted a letter what I intend to send to the CIS Ombudsman. I would be interested in your comments/suggestions.

I like the letter but My feelings are that security now days is a buzz word if you can not get any thing done just add it under umbrella of security and it will get done. It will be very difficult to reduce the level of search as it only effect 1% of applicants remember that 1% argument.

By law security means careful review of all background that means it can cover just reviewing papar work to all the way digging down in persons history till he was born how much security is good enough it is all relevant.

Increase security = reduce productivity = increase complexity = applicant suffering

But hey I am no means trying you to stop sending some letter like this to them I think it is good thing.

my .2 cents

 

[happyball]

Thank happyball and others for the advice regarding case dismissal. The reason I agreed to sign the dismissal form is that I got approval emails from USCIS. Also, the AUSA sent me the copy of my original I485 application form with "approved" stamp on it.

Yes, for Central District Court of California, CV-9 form is the only thing you need to sign for case dismissal.

Hi, Potter,

Thank you for your information!
If you already signed the dismissal, I think it should be fine. If have not signed yet, you can wait several days more to get your actual GC. Choice is yours. The AUSA assigned to your case is quite different than the person who is assigned to mine. Till now he is still keeping silence and I just find out who is assigned to my case. Let's see...

Best wishes!

 

[paz1960]

I like the letter but My feelings are that security now days is a buzz word if you can not get any thing done just add it under umbrella of security and it will get done. It will be very difficult to reduce the level of search as it only effect 1% of applicants remember that 1% argument.

By law security means careful review of all background that means it can cover just reviewing papar work to all the way digging down in persons history till he was born how much security is good enough it is all relevant.

Increase security = reduce productivity = increase complexity = applicant suffering

But hey I am no means trying you to stop sending some letter like this to them I think it is good thing.

my .2 cents

Unfortunately, I have to agree with all your comments. And I don't really have any hope that I will be able to change this whole broken process (broken at least for this 1% what they claim. Although, even this is questionable. In the October 2006 edition of the USCIS Bulletin, it is stated that there are over 130,000 cases with interviews completed and pending background checks. Since May 2006 they don't schedule interviews without completed background checks, so all of these cases are more than 120 day old. Only the I-485 and N-400 applications require interviews and name checks (maybe the asylum cases too). If 130,000 represents 1% of the total N-400 and I-485 applications, 100% would be 13 million cases. Do you believe this number being realistic?)

The CIS Ombudsman is not part of USCIS. But he is an experienced immigration lawyer and can make recommendations to USCIS. I would like to hear from him, what is the legal basis of this extended name check (i.e., including the search of the 'reference' files). I believe, that there is no legal basis. In that case, USCIS should go back to Congress and ask them to amend the statue. This amendment should include not only the explicit definition of the"full criminal background check" but also who is responsible to do it and what is the time limit to do it. I feel sometimes like Don Quijote...

 

[paz1960]

I found an interesting 1447(b) case. I attached the last document filed by the Defendants and the court order. The first document has a 'historical' importance in 1447(b) lawsuits. Defendants (DHS+USCIS+FBI) admit that the Court has jurisdiction on cases where the Plaintiff was interviewed and more than 120 days passed without adjudicating the application.

I wonder, how can they argue seriously against the jurisdiction after this lawsuit in other similar cases? I didn't check yet the lawsuits filed after May 2006 to see if Defendants still file motions to dismiss lack of jurisdiction...
Did you see such cases?

 

[paz1960]

And here is the memorandum to which the Defendants in Mohamed v. Frazier (see my previous posting) refer.

 

[maryvams]

Ombudsman letter will only help

Unfortunately, I have to agree with all your comments. And I don't really have any hope that I will be able to change this whole broken process (broken at least for this 1% what they claim. Although, even this is questionable. In the October 2006 edition of the USCIS Bulletin, it is stated that there are over 130,000 cases with interviewscompleted and pending background checks. Since May 2006 they don't schedule interviews without completed background checks, so all of these cases are more than 120 day old. Only the I-485 and N-400 applications require interviews and name checks. If 130,000 represents 1% of the total N-400 and I-485 applications, 100% would be 13 million cases. Do you believe this number being realistic?)

The CIS Ombudsman is not part if USCIS. But he is an experienced immigration lawyer and can make recommendations to USCIS. I would like to hear from him, what is the legal basis of this extended name check (i.e., including the search of the 'reference' files). I believe, that there is no legal basis. In that case, USCIS should go back to Congress and ask them to amend the statue. This amendment should include not only the explicit definition of the"full criminal background check" but also who is responsible to do it and what is the time limit to do it. I feel sometimes like Don Quijote...

Paz I am a regular follower of your posts. I need to tell you your posts are very informative and very professional. Sometimes I have a strange feeling that you are an attorney. Believe it is very very high quality stuff. just wanted to post my experience with the Ombudsman. I finshed my interview in July 17 and next week I sent an priority mail letter to the ombudsman asking him to help me in my case with case details etc. After a month or so I received a mail back from him. Saying the standard mail like others who got here that he will take up the matter with USCIS and I should hear from USCIS within 45 days. That took me nowhere. He says in that mail that this case will also be used for his recommendations in the future if need be. This is a standard mail from them. After 45 days I sent an email to them qutoing my case number and then he took it to USCIS who sent me a wriiten mail saying it will take 6 moinths just to get me off their back. So dont have your hopes high. But I should tell you at the same time that I sent my first mail to ombudsman I sent one to the first lady and though I did not hear from them directly her office sent to FBI and the FBI sent me a mail quoting my mail to the first lady and that they completed my FBI check and sent to USCIS. After 2 weeks the USCIS status for pending name check changed to Completed. I went to infopass and 800 number almost every other day. Once done I did an info pass and alerted the guys at my DO who sent the print out to the DAO and the officer Approved the case in 5 days. Now I heard they sent me approval notice y'day and waiting for it in the mail.

Wishing you all and the rest of the crew a very successful journey.

My 120 days was coming next week and I had my petition all ready to be filed if I had no movement and I tell you this service that Rajiv Khanna has provided I am sure all the best wishes from thousands of people here will bring him all God's graces on him and his family and all hius successors that money can never bring. I am very very thankful for this site.

Also for all you people who share their experiences here and all the people here who are helping each other out you are earning the gratitude and wishes of the people who are benefited that God almighty(no matter the religion) will shower upon you the best things in life and after.

God Bless and my prayers for everyone for a succesful ending to the story.

 

[paz1960]

Paz I am a regular follower of your posts. I need to tell you your posts are very informative and very professional. Sometimes I have a strange feeling that you are an attorney. Believe it is very very high quality stuff. just wanted to post my experience with the Ombudsman. I finshed my interview in July 17 and next week I sent an priority mail letter to the ombudsman asking him to help me in my case with case details etc. After a month or so I received a mail back from him. Saying the standard mail like others who got here that he will take up the matter with USCIS and I should hear from USCIS within 45 days. That took me nowhere. He says in that mail that this case will also be used for his recommendations in the future if need be. This is a standard mail from them. After 45 days I sent an email to them qutoing my case number and then he took it to USCIS who sent me a wriiten mail saying it will take 6 moinths just to get me off their back. So dont have your hopes high. But I should tell you at the same time that I sent my first mail to ombudsman I sent one to the first lady and though I did not hear from them directly her office sent to FBI and the FBI sent me a mail quoting my mail to the first lady and that they completed my FBI check and sent to USCIS. After 2 weeks the USCIS status for pending name check changed to Completed. I went to infopass and 800 number almost every other day. Once done I did an info pass and alerted the guys at my DO who sent the print out to the DAO and the officer Approved the case in 5 days. Now I heard they sent me approval notice y'day and waiting for it in the mail.

Wishing you all and the rest of the crew a very successful journey.

My 120 days was coming next week and I had my petition all ready to be filed if I had no movement and I tell you this service that Rajesh Khanna has provided I am sure all the best wishes from thousands of people here will bring him all God's graces on him and his family and all hius successors that money can never bring. I am very very thankful for this site.

Also for all you people who share their experiences here and all the people here who are helping each other out you are earning the gratitude and wishes of the people who are benefited that God almighty(no matter the religion) will shower upon you the best things in life and after.

God Bless and my prayers for everyone for a succesful ending to the story.

Dear maryvams,
Thank you for the nice words. I am really humbled. I'm doing this because I totally understand how hopeless people can be when they face these problems with their immigration cases (I am one of them). People like Publicus and the others, who started this forum, probably felt in a very similar way. I think that we all owe them this, to pass to the others this invaluable knowledge accumulated here.

You said that sometimes you think that I am an attorney. Well,... I really deal with laws, but these are the laws of Nature; I am a scientist. In some sense, lot easier, because the laws of Nature were not made by people, they are independent of people's interpretation and good(or bad)will.

 

[lenscrafterslen]

order scheduling initial pretrial conference?

I filed a lawsuit for my 485 case two weeks ago and today i received a letter from the districut attorney titled "order scheduling intital pretrial conference".

I was wondering if anyone knows answers to the following question. Any inforamtion is greatly appreciated!

1. is this order just a formality? and is this "normal" to get this order? did this happen to anyone before? what happened next to your case?

2. i was asked to send a copy of this letter to all parties related. does that mean i need to mail a copy to all defendants plus the US general attorney? do i still need the return receipt when mailing these?

3. of course i would expect the defendants to get my namecheck cleared before the 60 day period (and before the scheduled date for the conference). but what if not? what happens next?

Many many thanks!

 

[lotechguy]

I drafted a letter what I intend to send to the CIS Ombudsman. I would be interested in your comments/suggestions.

Paz,
This is a well researched letter. Hopefully it will make it to the ombudsman himself and not get stuck in the chain. At any rate the claim that only 1% of the cases are delayed is just simply not true. From testimony of cannon of the nncp it says, about 3700000 names were submitted to name check in 2005 out of which 10% need review of the FBI records. That means about 370,000 names need manual review of FBI records annually. Now depending on hits to your name and who is handing your case, that can be two days or two years

 

[notsure01]

.

My 120 days was coming next week and I had my petition all ready to be filed if I had no movement and I tell you this service that Rajiv Khanna has provided I am sure all the best wishes from thousands of people here will bring him all God's graces on him and his family and all hius successors that money can never bring. I am very very thankful for this site.

Also for all you people who share their experiences here and all the people here who are helping each other out you are earning the gratitude and wishes of the people who are benefited that God almighty(no matter the religion) will shower upon you the best things in life and after.

God Bless and my prayers for everyone for a succesful ending to the story.

This is really an encouraging story -- got everything done within 120 days.

maryvams, could you tell us the address you use to send the letter to First Lady? And is that possible to post the main part of the letter also?

Thanks a lot!