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

Need your advices on my complaint for my pro se lawsuit

Dear all,

I finally finished my complaint for the lawsuit but I am not sure whether it is ok or not. Therefore, I post it here as in the attachement. Please take a look and give me your precious advices. Your suggestions are highly appreciated.

Also, I have some questions. Do I need to give a specific time limit for compelling the defendants to complete my background check, such as in the C) prayer in my complaint?

c) Compel the Defendants and those acting under them to perform their duty and complete processing of background check in 30 days and render a final decision on the application for Register Permanent Resident or Adjustment of Status for Plaintiff immediately.

how many days are better, 30 or 60 days?

I am considering to file the lawsuit within this week, do you think it is a good time since it is a Christmas holiday?

After filing the complaint along with summons, what is the next step I have to do?

Thanks in advance.
 
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problem with relief

seagull009 said:
Dear all,

I finally finished my complaint for the lawsuit but I am not sure whether it is ok or not. Therefore, I post it here as in the attachement. Please take a look and give me your precious advices. Your suggestions are highly appreciated.

Also, I have some questions. Do I need to give a specific time limit for compelling the defendants to complete my background check, such as in the C) prayer in my complaint?

c) Compel the Defendants and those acting under them to perform their duty and complete processing of background check in 30 days and render a final decision on the application for Register Permanent Resident or Adjustment of Status for Plaintiff immediately.

how many days are better, 30 or 60 days?

I am considering to file the lawsuit within this week, do you think it is a good time since it is a Christmas holiday?

After filing the complaint along with summons, what is the next step I have to do?

Thanks in advance.
Click to expand...

I think problem is with relief. You can not ask judge to grant Green Card. You can ask Judge to tell USCIS to adjudicate pending petition.

I would put language like ask judge to tell FBI to finish background check within 30 days alternativily ask for new background check and give results to USCIS within 30 days.
Once USCIS receive results from FBI then adjudicate application as soon as possible.

Also in complaint mention that application is not pending due to any inactions from Plaintiff.

Do you have FOIPA from FBI honestly I will get that before filling WOM. That proves that you do not have any negative stuff with FBI.
 
seagull009 said:
Dear all,

I finally finished my complaint for the lawsuit but I am not sure whether it is ok or not. Therefore, I post it here as in the attachement. Please take a look and give me your precious advices. Your suggestions are highly appreciated.

Also, I have some questions. Do I need to give a specific time limit for compelling the defendants to complete my background check, such as in the C) prayer in my complaint?

c) Compel the Defendants and those acting under them to perform their duty and complete processing of background check in 30 days and render a final decision on the application for Register Permanent Resident or Adjustment of Status for Plaintiff immediately.

how many days are better, 30 or 60 days?

I am considering to file the lawsuit within this week, do you think it is a good time since it is a Christmas holiday?

After filing the complaint along with summons, what is the next step I have to do?

Thanks in advance.
Click to expand...
Here are my comments:
1. Keep the introduction short, only the first paragraph. You describe your case in the introduction and later in the Cause of Action. It is redundant, not necessary. It is not necessary to enlist the defendants addresses in the Introduction, or anywhere else. In the "Parties" you enlist them anyway with their official capacity, which explains, why are you sueing them.
2. I didn't see any evidence that you contacted FBI and asked them to expedite your name check. I saw one case where the judge denied a WOM case, arguing that the Plaintiff didn't exhaust all the available avenues because didn't ask FBI to expedite the name check, and didn't provide any evidence why this expedited processing would be warranted (in my opinion, waiting 1.5 years would be a pretty good reason alone, but I'm not the judge...)
3. The FOIPA request from FBI would be certainly a good piece of evidence, as wenlock suggested.
4. I totally agree with wenlock; you can't ask in your prayer that the court should grant you the GC. In Petitions for Hearing for N-400 applications based on 8 U.S.C. 1447(b) the statue allows the court to determine the matter, so the Plaintiff can ask this in the Prayer section, but not in WOM cases. In such cases the court can't substitue USCIS and do their job. Such lawsuits are about to compel an agency to perform their non-discretionary duty within reasonable time. This is to adjudicate your I-485 petition. The result of the adjudication is discretionary, i.e., USCIS can grant your AOS or deny it. The court can't compel USCIS for either outcome; only to make a decision.
5. It is important the sequence what you are asking in your Prayer. First you should ask that the Court compels USCIS to request immediately an expedited name check. Second: the court should compel FBI to perform this background check as soon as possible but not later than XX days after the order (I put XX=30, but this is probably the optimistic hope, typically courts used XX=90-120). Third: As soon as USCIS receives the results of the background check from FBI they should adjudicate your petition, not later than YY days (I put YY=15, but again, probably 30 would be more realistic) after receiving the background check results.

After filing the complaint, you will need to serve the defendants + the US Attorney's Office in the district where you reside (as a general rule, you would have to serve also the Attorney General, because you are sueing Governement agencies, but because you included him in the list of your defendants, there is no need to send him two copies). After they were served, you will need to file with the court a Certificate of Service, with adequate proof. The local rules determine what is acceptable proof of service in your district. Usually, they will accept the original green slip (mailing receipt of your certified mail) and a web printout from the USPS tracking web page with the proof of delivery. Some courts insist to have the return receipts (the green cards what you will file out during the mailing process of you certified mails). This can be problematic because FBI is notorious of not returning the return receipt (green card).

The 60 days clock starts ticking from the date when you served the US Attorney's Office. If you do this by mail, don't forget to put also in the address "Civil Process Clerk". Defendants have 60 days to answer your complaint or to file a motion (for extension, to dismiss etc.) You should actively prepare yourself to fight a motion to dismiss, which is the most likely outcome if your case is not solved before the 60 days are up.
 
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sfdurrani said:
Hi Guys,
Today I filed the proof of service with District court of New Mexico. I had not received the FBI return receipt and was afraid that the court would not accept my document. But they did. When the clerk earlier mentioned that the court requires the "green slips" they meant the certified green receipts not the return receipts. Anyway I am done with that step. USA was served on 12/1/2006 so my clock has already started.
I had one question. I signed up for PACER today but found out that District Court of New Mexico is not listed on it. How can I know if some similar cases have been filed in this district court where I filed my WOM?

I-485 pending since 10/2004
WOM filed 11/22/2006
Summons mailed same day
USA served 12/1/2006
Proof of service filed 12/18/2006
Click to expand...
I also noticed that NM district court is missing from PACER. I wanted to look for a case listed in some other judge's opinion&order, but I don't know how to access cases filed in that district. This is a question, which is legitimate to ask the clerk of the court; these cases are public information, there should be a way how to access them. In my court, there was a public terminal next to the window where I filed my papers and I assume that there I could look up cases filed with that district, but I didn't ask or try.
 
paz1960 said:
Actually, RealsuperK's case was solved before he had to file anything in addition to his original complaint. But he was working in anticipation that he will need to continue the fight and he posted a document entitled "Plaintiff's Memorandum in response to defendants' answer. I attached this document because contains a lot of useful info which can be used if you need to write an Opposition to a Motion to Dismiss. RealSuperK was a formerly active member of this forum, with a lot of valuable contribution. My only remark is that according to FRCP, there is no such thing as a response to the answer of the defendants. Here is what I found in a Pro Se handbook:

Once the answer is filed, does the plaintiff have to file a response to it?

There is no such thing under the Federal Rules of Civil Procedure as a “Response to an Answer.” Even if you strongly disagree with the statements in the answer, there is no need to file a response. Under Rule 8(d) of the Federal Rules of Civil Procedure, all statements in an answer are automatically denied by the other parties to the lawsuit.
Click to expand...

You are correct. Once I typed up the whole thing, I actually had a chat with an immigration attorney who advised me not to file it as a response because it is not required to file one. Luckily, I didn't have to file it at all, but I was ready to fight and go down swinging if I had to. Nonetheless, typing up the whole thing helped me to put my thoughts and arguments in order. I just hope that it helps somebody else.
 
seeking advice

hello everyone,
first of all i would like to thank from the bottom of my heart to the initiatiators of this Forum and to all others who take the time to provide answers and guidance for people like myself. Without this forum i would have checked myself in an institution long time ago. I am a pro se litigant also (thanks to this forum) . i filed my complaint for hearing on naturalization under 8 U.S.C. 1447(b) 40 days ago in a court in Virginia :) . I called my AUSA 2 weeks ago trying to establish a cooperant relationship with him in order to speed up my case. He proved to be very uncooperant. yesterday i called him again to see if he has received any answers from USCIS since (i instructed him to contact them) and on the 5 of January the 60 days are up and begining with today i do not have any papers of identification (everything is expired). He said that he did not received any answers from USCIS. Politely i sugested him to pres now FBI to finish my background check and we can solve this case outside of litigation. His replic was that he cannot do that since the taxpayer money is involved and for such a process he disagree to spend peoples money like that :confused: . He kept going advising me to talk with an attorney. I said that i know what my rights are in this country and i appreciate his suggestion.He believed that i am an idiot anyway. He said that on the 29th of December he is going to file a Motion, i said ok, i have my reply ready also and we ended the conversation. now i am asking you to give me some insights, sugestions about this matter. what kind of motion do you think he is putting together-one to remand my case back to USCIS?, i am tired, confused and angry that i have to go through all of this with all my paperwork filed in time, etc...thank you for every sugestion, i apreaciate it.
 
wenlock said:
I think problem is with relief. You can not ask judge to grant Green Card. You can ask Judge to tell USCIS to adjudicate pending petition.

I would put language like ask judge to tell FBI to finish background check within 30 days alternativily ask for new background check and give results to USCIS within 30 days.
Once USCIS receive results from FBI then adjudicate application as soon as possible.

Also in complaint mention that application is not pending due to any inactions from Plaintiff.

Do you have FOIPA from FBI honestly I will get that before filling WOM. That proves that you do not have any negative stuff with FBI.
Click to expand...

Thank you, Wenlock. I do not have FOIPA yet. If I submit FOIPA, do I just need to send the FOIPA request form with my information? Anything esle should I send along with the FOIPA request form? Should I ask someone to notarize it? Who should I send this form to? How soon can I get the response from the FBI? Thanks again.
 
paz1960 said:
Here are my comments:
1. Keep the introduction short, only the first paragraph. You describe your case in the introduction and later in the Cause of Action. It is redundant, not necessary. It is not necessary to enlist the defendants addresses in the Introduction, or anywhere else. In the "Parties" you enlist them anyway with their official capacity, which explains, why are you sueing them.
2. I didn't see any evidence that you contacted FBI and asked them to expedite your name check. I saw one case where the judge denied a WOM case, arguing that the Plaintiff didn't exhaust all the available avenues because didn't ask FBI to expedite the name check, and didn't provide any evidence why this expedited processing would be warranted (in my opinion, waiting 1.5 years would be a pretty good reason alone, but I'm not the judge...)
3. The FOIPA request from FBI would be certainly a good piece of evidence, as wenlock suggested.
4. I totally agree with wenlock; you can't ask in your prayer that the court should grant you the GC. In Petitions for Hearing for N-400 applications based on 8 U.S.C. 1447(b) the statue allows the court to determine the matter, so the Plaintiff can ask this in the Prayer section, but not in WOM cases. In such cases the court can't substitue USCIS and do their job. Such lawsuits are about to compel an agency to perform their non-discretionary duty within reasonable time. This is to adjudicate your I-485 petition. The result of the adjudication is discretionary, i.e., USCIS can grant your AOS or deny it. The court can't compel USCIS for either outcome; only to make a decision.
5. It is important the sequence what you are asking in your Prayer. First you should ask that the Court compels USCIS to request immediately an expedited name check. Second: the court should compel FBI to perform this background check as soon as possible but not later than XX days after the order (I put XX=30, but this is probably the optimistic hope, typically courts used XX=90-120). Third: As soon as USCIS receives the results of the background check from FBI they should adjudicate your petition, not later than YY days (I put YY=15, but again, probably 30 would be more realistic) after receiving the background check results.

After filing the complaint, you will need to serve the defendants + the US Attorney's Office in the district where you reside (as a general rule, you would have to serve also the Attorney General, because you are sueing Governement agencies, but because you included him in the list of your defendants, there is no need to send him two copies). After they were served, you will need to file with the court a Certificate of Service, with adequate proof. The local rules determine what is acceptable proof of service in your district. Usually, they will accept the original green slip (mailing receipt of your certified mail) and a web printout from the USPS tracking web page with the proof of delivery. Some courts insist to have the return receipts (the green cards what you will file out during the mailing process of you certified mails). This can be problematic because FBI is notorious of not returning the return receipt (green card).

The 60 days clock starts ticking from the date when you served the US Attorney's Office. If you do this by mail, don't forget to put also in the address "Civil Process Clerk". Defendants have 60 days to answer your complaint or to file a motion (for extension, to dismiss etc.) You should actively prepare yourself to fight a motion to dismiss, which is the most likely outcome if your case is not solved before the 60 days are up.
Click to expand...

Thank you Paz1960. Your suggestions is so helpful.
I still have some questions on asking the FBI expediting my name check. Does it mean I should ask the FBI expediting my name check by myself? I asked a comgressman and senator to request the FBI expediting my name check. Does that count as I have already requested the FBI to ecpedite my name check? Thanks.
 
seagull009 said:
Thank you, Wenlock. I do not have FOIPA yet. If I submit FOIPA, do I just need to send the FOIPA request form with my information? Anything esle should I send along with the FOIPA request form? Should I ask someone to notarize it? Who should I send this form to? How soon can I get the response from the FBI? Thanks again.
Click to expand...

I submitted FOIPA a year or so ago. A couple of months later got a letter saying that they got it and they were "working on it". They have been working on it for a year now and are still working on it. I'm sure they are on it 24/7 and I should get it any day now.

Of course it might a giant exception for the rule.
 
Get a motion to dismiss 21 days before the due day of WOM

I wish I read this thread before I filed my WOM. I am really unlucky in my whole Immigration process. I filed my I-485 on Nov, 2003 based on EB2 NIW and name check pending for over three years. Then I filed WOM pro se on Nov. 3rd, 2006 and summoned on Nov. 8th. The due day is Jan. 8th. Yesterday I received "motion to dismiss" from AUSA. I attached this file in this thread. I know I need to do "oppose to motion to dismiss" in 3 weeks. did anyone has a sample about "oppose to mition to dismiss" for employment based I 485 case which I can follow to reply these BS.

THe motion to dismiss basically claim that
1. the court lacks subject matter jurisdiction
2. DHS processing of I-485 application to adjust status is a "discretionary" act
3. challege platiff with 2 cases been dissmissed by judge ( I attached one of the order from judge here) and claim that platiff can not cite any cases in which a court has held that mandamus will lie against the govement in such a circumstances.

I need some help here.
1. Did someone know cases based on I-485 and judge order defendants to perform their duties. Then I can fight back based on (3)
2. I want to do "motion to amemd pleadings" for my prayer in complaint. Is this possible that I do it at the same time as I opposite the motion to dismiss? Is it necessary to do it in my current stage?

the following is my previous prayer. I basically just copy my compain from some case in Pacer>

WHEREFORE, in view of the arguments and authority noted herein, the Plaintiff respectfully prays that the Defendants be cited to appear herein and that, upon due consideration, the Court enter an order:

(a) requiring Defendants to properly adjudicate Plaintiff’s application for action on an approved petition;
(b) requiring Defendants to provide the Plaintiff with a Notice of Approval;
(c) granting such other relief at law and in equity as justice may require.
when I read PAZ and wenlock' message
I want to update to PAZ suggested.

3. If I lose this case, How long I can file it again ? Is a chance to appeal?

My mood is really down now. I want to hear some suggestions from this thread. No matter what my case in such a inferior situation, I get to fight back.


Case number:
I also contacted my AUSA before he filed "motion to dismiss", my AUSA is really unprofessional. He basically complaint he is powerless to solve my case and he just make a living from his job. He contacted FBI and USCIS to try to expedite my case but seems to be failed. He didn't want to tell me what he really communicate with FBI. After he filed "motion to dismiss" and email me that he is constrained to do it due to the passage of time (what? 21 days earlier?). Basically my AUSA just want to finish my case as soon as possible before the holidays. I think he thinks that I am not professional in law and this motion is going to end his troubles.
I am not sure what your AUSA is going to file. But try to persuade him to file a "motion to extend", Not like my case (I didn't expect he is so fast to file this motion). It is holiday season. I think these beauracrats will not do any thing in next two weeks.

Don't be discouraged by my case. I will continue my fight and let you know the results. Although I didn't read too much about this thread, I can feel people here are supportive and help. I wish I find this thread earlier.

By the way, my personal email is "springxwang@yahoo.com" in case someone wants to send me a private email
 
case number,

First of all, I am sorry to hear about your bad experience with US Attorney. This is owfull. Perhaps you should've remind him that you payed your fees when you applied for citizenship.
What district are you in? I am in Nor. Cal. and I cannot reach my US Attorney at all: no answer, no call returns. I called several times, but with no results.
 
seagull009 said:
Thank you Paz1960. Your suggestions is so helpful.
I still have some questions on asking the FBI expediting my name check. Does it mean I should ask the FBI expediting my name check by myself? I asked a comgressman and senator to request the FBI expediting my name check. Does that count as I have already requested the FBI to ecpedite my name check? Thanks.
Click to expand...
I attached the Opinion and Order in that WOM lawsuit, where the judge used the lack of evidence of expedite request against Plaintiff. This is an unfortunate case, it was dismissed, I don't know the end of the story, but we should be able to learn even from the negative examples. Just don't get too discouraged (that't why I was initially hesitant to post it), the majority of the members of this forum who filed a WOM lawsuit were successful.

In requesting an expedited processing of your background check directly from the FBI you should not put too much hope. They didn't even bother to answer my letter. But at least, you cover with this letter this base... The role of the FOIPA request is similar. We know from FBI people declarations that no record as response to your FOIPA request doesn't mean much, from the point of view of the name check. The FOIPA request is run against the "main" file system, no hit means that there is no file under your name, i.e., you were not arrested or condemned before. The name check is run against the "reference" files, with a much higher probability that there is a flag somewhere with your name, in a different case, or just a name with similar spelling with your name. It is enough to get a "hit" in the automated seach, and this means that somebody, a real person (FBI agent) has to retrieve manually the record and verify if that info is potentially derogatory or it is just one of the many false "hits". Because they are flooded with such cases and they are notoriously understaffed and underfunded, it results in huge backlogs. From your complaint I already have an educated guess, what could cause a problem for you: the misspelled name. This means that potentially you are in the USCIS records with a different spelling than your real name, probably submitted for the name check. But of course, this is only a guess.
 
Case number,


case number said:
...and on the 5 of January the 60 days are up and begining with today i do not have any papers of identification (everything is expired).

If this case is about citizenship, you must file the appropriate form to re-new your green card. N-400 is totally separate from green card and does not validate an expired GC application.

If your lawsuit is about green card, you must get an info-pass and ask USCIS to give you a renewal stamp based on pending GC application.

If you do not do that, you may run the risk of "over staying violation"


He said that he did not received any answers from USCIS.

AUSA do not usually pressure USCIS. AUSA will file something with the court by the due date for sure.

i am tired, confused and angry that i have to go through all of this with all my paperwork filed in time, etc...

I know exactly how you feel.



Cheers..
Click to expand...
 
case number said:
hello everyone,
first of all i would like to thank from the bottom of my heart to the initiatiators of this Forum and to all others who take the time to provide answers and guidance for people like myself. Without this forum i would have checked myself in an institution long time ago. I am a pro se litigant also (thanks to this forum) . i filed my complaint for hearing on naturalization under 8 U.S.C. 1447(b) 40 days ago in a court in Virginia :) . I called my AUSA 2 weeks ago trying to establish a cooperant relationship with him in order to speed up my case. He proved to be very uncooperant. yesterday i called him again to see if he has received any answers from USCIS since (i instructed him to contact them) and on the 5 of January the 60 days are up and begining with today i do not have any papers of identification (everything is expired). He said that he did not received any answers from USCIS. Politely i sugested him to pres now FBI to finish my background check and we can solve this case outside of litigation. His replic was that he cannot do that since the taxpayer money is involved and for such a process he disagree to spend peoples money like that :confused: . He kept going advising me to talk with an attorney. I said that i know what my rights are in this country and i appreciate his suggestion.He believed that i am an idiot anyway. He said that on the 29th of December he is going to file a Motion, i said ok, i have my reply ready also and we ended the conversation. now i am asking you to give me some insights, sugestions about this matter. what kind of motion do you think he is putting together-one to remand my case back to USCIS?, i am tired, confused and angry that i have to go through all of this with all my paperwork filed in time, etc...thank you for every sugestion, i apreaciate it.
Click to expand...
Don't be discouraged, the fight will just begin. You already did the most difficult part: convincing yourself that you can do it Pro Se and actually filing your complaint. I sincerely believe that this is the most difficult task. Not to write up your complaint, but to learn enough that actually you gain enough self confidence that you can do it.

From what I saw in many similar cases, AUSA most likely will file a Motion to Dismiss or Remand. The "dismiss" part will be most likely based on the Danilov.v. Aguirre decision, and they will recycle the same sort of arguments. Being in Virginia, maybe this is not so trivial to fight. But there are many, many cases which didn't follow the Danilov judge.

In my opinion, the more difficult part is to fight the "remand". Because remand is fine, if timeline is attached, but remand without timeline means that you are exactly in the same situation as before you filed your lawsuit.

So you will need to convince the judge in your Opposition to defendants' motion to dismiss or remand that:
1. The court has jurisdiction over your case
2. If the judge decides to remand your case to USCIS (this is the second option in 8 USC 1447(b)), this remand should contain a clear, detailed instruction with time limits what USCIS and FBI should do to solve your case.
 
Nor Cal district AUSA adward olsen

hi,

i just find out the AUSA assigned to my case is adward olsen, does anyone file in Northern california district has experience with him? i did not call him yet, guess check with you guys first to see whether it will be worth to call or not, cause saw lots of post says AUSA does not replay to any phone or whatsoever.

thanks bunch,

pearlgal
 
Congratulations. You derserve it, long time ago. Thanks for your great help here and please hang around and help the rest of us and new comers to go through this. Have a great holiday and enjoy your great holiday gift, the freedom.

paz1960 said:
Finally, after some followup e-mail and two more phone calls I got an update from AUSA in the following e-mail:

***************
I received 3 contacts at FBI Hdqtrs and I am waiting for a reply on the
name of the agent assigned to your file. At that point, I will
coordinate the new fingerprints and discuss a date certain for
completion of the background, as well as the adjudication. I think we
are making progress.

Will you agree (stipulate) to a modest 30 day extension of the time to
respond to your Complaint? I will prepare the stipulation and request
your authorization to use your electronic signature for filing.

Please advise at your earliest opportunity. Thank you for the patience
and cooperation.

***************
I think that I have no choice than to agree to the 30 day extension (the judge would grant it anyway), at least I show them my goodwill and cooperation. I hope that the whole case will be over before the extension expires. The defendants answer would be due on Dec. 26.
Click to expand...
 
paz1960 said:
I attached the Opinion and Order in that WOM lawsuit, where the judge used the lack of evidence of expedite request against Plaintiff. This is an unfortunate case, it was dismissed, I don't know the end of the story, but we should be able to learn even from the negative examples. Just don't get too discouraged (that't why I was initially hesitant to post it), the majority of the members of this forum who filed a WOM lawsuit were successful.

In requesting an expedited processing of your background check directly from the FBI you should not put too much hope. They didn't even bother to answer my letter. But at least, you cover with this letter this base... The role of the FOIPA request is similar. We know from FBI people declarations that no record as response to your FOIPA request doesn't mean much, from the point of view of the name check. The FOIPA request is run against the "main" file system, no hit means that there is no file under your name, i.e., you were not arrested or condemned before. The name check is run against the "reference" files, with a much higher probability that there is a flag somewhere with your name, in a different case, or just a name with similar spelling with your name. It is enough to get a "hit" in the automated seach, and this means that somebody, a real person (FBI agent) has to retrieve manually the record and verify if that info is potentially derogatory or it is just one of the many false "hits". Because they are flooded with such cases and they are notoriously understaffed and underfunded, it results in huge backlogs. From your complaint I already have an educated guess, what could cause a problem for you: the misspelled name. This means that potentially you are in the USCIS records with a different spelling than your real name, probably submitted for the name check. But of course, this is only a guess.
Click to expand...

Do I need to send the letters with certified mail? How long can I file my WOM after I send the letters out?
 
huxf said:
Congratulations. You derserve it, long time ago. Thanks for your great help here and please hang around and help the rest of us and new comers to go through this. Have a great holiday and enjoy your great holiday gift, the freedom.
Click to expand...
Thanks for the congratulations, but is premature. We have a saying in my native country: Don't drink in advance to the skin of the bear still in the forest. (I'm sure that there is something similar in almost any language).

If you read carefully the posted e-mail from AUSA, there is no definite promise or timeframe, my feeling is that there will be several further rounds in this "match". Let's hope that I'm wrong...
 
seagull009 said:
Do I need to send the letters with certified mail? How long can I file my WOM after I send the letters out?
Click to expand...
I actually sent an e-mail to the FBI to an address I received from my congressman back in mid August 2006, no answer as today. The FOIPA request to FBI I sent with regular mail (about the same time), I received the answer in about 3 weeks. I filed my complaint on October 24.
 
thank you for looking over my posting. i am not going to contact my AUSA anymore. i am going to prepare a replay for his motion of dismissal just in case. you do not have to be discouraged about your case either, what you have to do is to prepare something strong in response. good luck.
 
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