Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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PAZ1960
Thank you so much for your encouragment, it is so nice place for us to hold hands each other and face our so big so powerful goverment!!! I really appreciate your opinion, and I also like to ask you several question if you dont mind. My case is I-485 AOS, name check has been pending for three years due to USCIS mixed up A#. As I filed WOM in Dec. 2006, I started my first conversation with my AUSA.
(1)She said to me that she called USCIS and USCIS said that they did everthig they can, if name check was done, they can ......
(2) She said she agree it is USCIS error to cause this extra delay and she agree the point we made in the statement.
(3) She said USCIS dont want expedite the name check due to the new policy. she said some other thing she couldn't tell me but ask me to wait for USCIS's response.
My question are: (1) If she feel some wrongdoing of USCIS, is she going to put more pressure on USCIS and FBI?
(2) She is more lean on goverment side, if she feel we make a very strong case, do you think it will make more sense to Judge?
(3) Compare to force USCIS to expedite name check, or doing nothing, but write Motion to dismiss or remand case, and deal with Judge is also big burden, more likely, which one is easy out for them?
(4) Ultimately, AUSA will reprsent USCIS, FBI in court. but they are diffrent agent, if they dont agree each other, how they can solve issues between. Thanks a lot.
Thank you so much for your encouragment, it is so nice place for us to hold hands each other and face our so big so powerful goverment!!! I really appreciate your opinion, and I also like to ask you several question if you dont mind. My case is I-485 AOS, name check has been pending for three years due to USCIS mixed up A#. As I filed WOM in Dec. 2006, I started my first conversation with my AUSA.
(1)She said to me that she called USCIS and USCIS said that they did everthig they can, if name check was done, they can ......
(2) She said she agree it is USCIS error to cause this extra delay and she agree the point we made in the statement.
(3) She said USCIS dont want expedite the name check due to the new policy. she said some other thing she couldn't tell me but ask me to wait for USCIS's response.
My question are: (1) If she feel some wrongdoing of USCIS, is she going to put more pressure on USCIS and FBI?
(2) She is more lean on goverment side, if she feel we make a very strong case, do you think it will make more sense to Judge?
(3) Compare to force USCIS to expedite name check, or doing nothing, but write Motion to dismiss or remand case, and deal with Judge is also big burden, more likely, which one is easy out for them?
(4) Ultimately, AUSA will reprsent USCIS, FBI in court. but they are diffrent agent, if they dont agree each other, how they can solve issues between. Thanks a lot.
myang1969 said:
I hear this all the time AUSA was very nice. She was nice in my case as well in Norfolk Virginia and told me my back ground check after 3 years have been cleared in response to my lawsuit and I should be hearing from CIS. Two weeks later I get a motion to dismiss as per Virginia AUSA office 120 days start from the day examination is complete and they consider back ground check as part of examination. Yet other states like 9th circuit considers 120 days period starts from the day you get interviwed for citizenship and pass test.
My experience after loosing my lawsuit
Here are my details:
N400 Application: 11/12/2005
Interview: 4/21/2006
1447(b): 8/28/2006
All served, answer due: 10/27/06
#0 days extenstion granted after that.
on 11/22/2006 defendants filed a motion to remand back to USCIS based on the fact that th egovernment MAY BE able to adjudicate my application within 30 days.
I opposed the motion because of the may be aspect, the judge sided with the defendants, and remanded back without instructions on 12/20/2006.
My choices after that are:
1- Appeal, this is a catch 22, I have 30 days from the date of judgment to appeal, on the other hand, I need to give the government 30 days to try and adjudicate the application, if the 30 days passed without adjudicating, I lose my chances to appeal, if I appealed before the 30 days pass, I appear as an inpatient plaintiff who is wasting the time of the court without giving the government a chance.
2- My other choice is: wait for a couple of months, if the application wasn't adjudicated, I can file a new 1447(b), or a writ of mandamus, and I will have a stronger position then, besides, I can try to avoid having my case assigned to the judge that denied my case (he is a conservative who always ruled against minorities, and definetely on the government side).
So, I scheduled an infopass today, and met with an immigration officer, she was kind of vague, but, she said that the CIS didn't receive the court's order yet, so, I gave them a copy of the order, she took the order and gave it to her supervisor, and came back and told me that I will be hearing from the CIS in about two weeks, and my oath ceromony MAY BE scheduled for February or March. So, eventhough I had the appeal ready to file today, I didn't file it today, I kind of decided with going with the second option.
What do you guys think? Paz, please give us your insight.
Here are my details:
N400 Application: 11/12/2005
Interview: 4/21/2006
1447(b): 8/28/2006
All served, answer due: 10/27/06
#0 days extenstion granted after that.
on 11/22/2006 defendants filed a motion to remand back to USCIS based on the fact that th egovernment MAY BE able to adjudicate my application within 30 days.
I opposed the motion because of the may be aspect, the judge sided with the defendants, and remanded back without instructions on 12/20/2006.
My choices after that are:
1- Appeal, this is a catch 22, I have 30 days from the date of judgment to appeal, on the other hand, I need to give the government 30 days to try and adjudicate the application, if the 30 days passed without adjudicating, I lose my chances to appeal, if I appealed before the 30 days pass, I appear as an inpatient plaintiff who is wasting the time of the court without giving the government a chance.
2- My other choice is: wait for a couple of months, if the application wasn't adjudicated, I can file a new 1447(b), or a writ of mandamus, and I will have a stronger position then, besides, I can try to avoid having my case assigned to the judge that denied my case (he is a conservative who always ruled against minorities, and definetely on the government side).
So, I scheduled an infopass today, and met with an immigration officer, she was kind of vague, but, she said that the CIS didn't receive the court's order yet, so, I gave them a copy of the order, she took the order and gave it to her supervisor, and came back and told me that I will be hearing from the CIS in about two weeks, and my oath ceromony MAY BE scheduled for February or March. So, eventhough I had the appeal ready to file today, I didn't file it today, I kind of decided with going with the second option.
What do you guys think? Paz, please give us your insight.
stucknamecheck
Registered Users (C)
Can you file notice of appeal?
Can you file the notice of appeal? in that way, you don't need to file the real appeal in 30 days. Then after 30 days, you can file the real appeal.
Can you file the notice of appeal? in that way, you don't need to file the real appeal in 30 days. Then after 30 days, you can file the real appeal.
hayyyoot said:
I would certainly wait that two weeks what the IO told you at your Infopass appointment yesterday. Although you may miss the window to file an appeal (unless you can file a notice of appeal and wait an additional time till you can file the appeal itself; I don't know the rules), an appeal probably takes many months (?) till actually reaches the judges. So, it may be faster to file an another 1447(b) after 120 days counting from the completion of your name check. This will be sometimes in March, if I remember correctly. Most likely, till then you will have your oath letter. If not, I don't see any remotely reasonable defense what Defendants could claim, why they didn't adjudicate your case. Even your original judge would be rather upset that USCIS signaled that they want to adjudicate your application in 30 days after the remand and they still didn't do it. Remember, your goal is to get the citizenship as soon as possible. You should chose the option which likely brings you this ASAP.hayyyoot said:
Well, if your name check is really complete as AUSA said, you still accomplished something filing the lawsuit. And now you should argue that the examination doesn't contain your background check. It will be much easier for the judge to remand the case to USCIS with an instruction to adjudicate your application in XX number of days. USCIS doesn't really have a good reason why not to do so. The largest roadblock, the name check was removed. You will have your application adjudicated very soon, or at least, this is my guess.nasman said:
You can pressure AUSA only as much as she lets you to do so, i.e., if she refuses to share with you all the info she has, you can't force her to do so. Her hands are also tight, she can do only what the USCIS attorney from the General Counsel's Office authorizes.myang1969 said:
I would not try to read her mind and try to guess which possibility is easier for her and which one she will select. I'm not very good in guessing the future...
AUSA may have her own opinion about the case but because she is representing the Government, she will do whatever she is instructed. Anyway, the ball is now in their court, you tried what can be done at this stage (to contact AUSA and try to persuade her to put pressure on USCIS and FBI). Only thing what you can do at this stage, to study similar cases and to prepare yourself for the next stage of the fight.
swimfitness
Registered Users (C)
Questions about 60 days response deadline
Folks:
I filed a WOM on 12/06 with the Northen California District Court. The clerk issued me a case schedule-ADR with specifc dates:
2/21/07: Last day to
. Meet and confer re: Initial disclosure, early settlement.....
. File joint ADR Certification
3/7/07: Last day to complete initial disclosures and state objections to...
3/14/07: Case Management Conference.
I called my AUSA on 12/22 and spoke to him. He was not yet acquainted with my case. He said he was going to look up my case and get back to me.
My questions to you all are:
1- Is the 60 days deadline to respond, 60 business days or any day?
2- How does the 60 days deadline fit into the schedule stipulated by the court listed above?
3- Have anyone in this forum filed WOM with the Northen California District Court? What was the experience like?
4- I'm little discouraged by the reports I read that USCIS has discontinued requesting expedite name checks post 12/22 on behalf of those who filed lawsuits. Is this truly accurate?
Thank you all.
Folks:
I filed a WOM on 12/06 with the Northen California District Court. The clerk issued me a case schedule-ADR with specifc dates:
2/21/07: Last day to
. Meet and confer re: Initial disclosure, early settlement.....
. File joint ADR Certification
3/7/07: Last day to complete initial disclosures and state objections to...
3/14/07: Case Management Conference.
I called my AUSA on 12/22 and spoke to him. He was not yet acquainted with my case. He said he was going to look up my case and get back to me.
My questions to you all are:
1- Is the 60 days deadline to respond, 60 business days or any day?
2- How does the 60 days deadline fit into the schedule stipulated by the court listed above?
3- Have anyone in this forum filed WOM with the Northen California District Court? What was the experience like?
4- I'm little discouraged by the reports I read that USCIS has discontinued requesting expedite name checks post 12/22 on behalf of those who filed lawsuits. Is this truly accurate?
Thank you all.
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case number
Registered Users (C)
need advice
hi guys, happy new year and good luck to everyone on this forum in the year of 2007. Few updates on my case. I filed my complaint for hearing on naturalization under 8 U.S.C. 1447(b) in the Western District of Virginia on October 30, 2006. AUSA filed a motion to dismiss or alternatively to remand the case back to CIS two months later on Dec.29, 2006. The clasic argument prevailed in his motion also: 1. lack of subject matter jurisdiction, failure to state a claim upon which relief may be granted. 2. remand the case back to CIS with instructions to render a decision on the plaintiff`s naturalization matter upon receipt of the FBI`s background check." everything would have been fine if a timetable for the second alternative would have been stated. However, the bad part is that i cannot find any "local rules" on my district court page. Pazz advised me to check local rules for specifically when i can file my "Opposition" but i cannot find anything about it. i called the court and they told me to look under "Standing Orders" where basically is nothing! On my PACER is mentioned that an answer was expected on the 5th of January, and no answer was filed by anybody. I know that defendants filed their motion to increase their time. However, today i did panic since i cannot find anything to aid me in the process. i have ready my response. i saw cases on this forum when the judge penalized Plaintiff for filing without to follow local rules. What do you think i should do?, how long do i have to wait? how long will take for the Judge to rule on the defendants motion?, what if the judge expected my opposition and now he considers that if i did not oppose their motion i agree with defendants crap?
please help me to clarify these matters. thanks in advance.
hi guys, happy new year and good luck to everyone on this forum in the year of 2007. Few updates on my case. I filed my complaint for hearing on naturalization under 8 U.S.C. 1447(b) in the Western District of Virginia on October 30, 2006. AUSA filed a motion to dismiss or alternatively to remand the case back to CIS two months later on Dec.29, 2006. The clasic argument prevailed in his motion also: 1. lack of subject matter jurisdiction, failure to state a claim upon which relief may be granted. 2. remand the case back to CIS with instructions to render a decision on the plaintiff`s naturalization matter upon receipt of the FBI`s background check." everything would have been fine if a timetable for the second alternative would have been stated. However, the bad part is that i cannot find any "local rules" on my district court page. Pazz advised me to check local rules for specifically when i can file my "Opposition" but i cannot find anything about it. i called the court and they told me to look under "Standing Orders" where basically is nothing! On my PACER is mentioned that an answer was expected on the 5th of January, and no answer was filed by anybody. I know that defendants filed their motion to increase their time. However, today i did panic since i cannot find anything to aid me in the process. i have ready my response. i saw cases on this forum when the judge penalized Plaintiff for filing without to follow local rules. What do you think i should do?, how long do i have to wait? how long will take for the Judge to rule on the defendants motion?, what if the judge expected my opposition and now he considers that if i did not oppose their motion i agree with defendants crap?
please help me to clarify these matters. thanks in advance.jwei said:
First of all the suits are handled by US Attorney's office (USA) and not the District Attorney (DA) .I am in NY and filed in the Southern District. Depending on where in NY state you are you will have to lookup your district. IN NYC the USA is symapthetic but tough to get a hold-off normally due to the number of suits being filed. There are 2 special assistants assigned to cases like this in NYC, one in Manhattan the other in Brooklyn. After you file your case call the USA's office to see who is assigned to your case.
Well, there was nothing filed on Jan 5, because AUSA who represents all defendants already filed a motion to dismiss or remand. Defendants don't have to file the answer before the judge rules on their motion.case number said:hi guys, happy new year and good luck to everyone on this forum in the year of 2007. Few updates on my case. I filed my complaint for hearing on naturalization under 8 U.S.C. 1447(b) in the Western District of Virginia on October 30, 2006. AUSA filed a motion to dismiss or alternatively to remand the case back to CIS two months later on Dec.29, 2006. The clasic argument prevailed in his motion also: 1. lack of subject matter jurisdiction, failure to state a claim upon which relief may be granted. 2. remand the case back to CIS with instructions to render a decision on the plaintiff`s naturalization matter upon receipt of the FBI`s background check." everything would have been fine if a timetable for the second alternative would have been stated. However, the bad part is that i cannot find any "local rules" on my district court page. Pazz advised me to check local rules for specifically when i can file my "Opposition" but i cannot find anything about it. i called the court and they told me to look under "Standing Orders" where basically is nothing! On my PACER is mentioned that an answer was expected on the 5th of January, and no answer was filed by anybody. I know that defendants filed their motion to increase their time. However, today i did panic since i cannot find anything to aid me in the process. i have ready my response. i saw cases on this forum when the judge penalized Plaintiff for filing without to follow local rules. What do you think i should do?, how long do i have to wait? how long will take for the Judge to rule on the defendants motion?, what if the judge expected my opposition and now he considers that if i did not oppose their motion i agree with defendants crap?
I don't believe that the local rules can be very different; in my district the non moving party has 28 days to file an Opposition to a motion. Because you said that your Opposition to the Defendants' motion is ready, just file it next Monday. There is no time limit when the judge has to rule on any motion. This mainly depends how many other cases are on roll.
1. In your district (per the Pro Se handbook of your district; I strongly recommend to read it) the 60 days are counted from the next day when the US Attorney's office is served, and calendar days are counted.swimfitness said:
2. The 60 days deadline has nothing to do with the rest of the schedule you mentioned. But don't put much hope that AUSA will miss the 60 days deadline; I didn't see a single case when Plaintiff won against the Government by default.
3., 4. I don't know the answers.
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case number
Registered Users (C)
thanks
thanks Paz, i looked on the Federal rules for Virginia`s District Courts and it did say something about 20 days interval to oppose the defendants motion. anyway, i am going to file my Opposition on Wednesday to be sure that it is going to be there . i have another question. all the "Oppositions responses" that i have consulted here are written on a special format (e.g. numbers on the left side of the page). I am sure that this is the required format but i am unsure how to come with the numbers on the left side of the paper. sorry for asking this kindergarden questions. thanks for assistance.
thanks Paz, i looked on the Federal rules for Virginia`s District Courts and it did say something about 20 days interval to oppose the defendants motion. anyway, i am going to file my Opposition on Wednesday to be sure that it is going to be there
. i have another question. all the "Oppositions responses" that i have consulted here are written on a special format (e.g. numbers on the left side of the page). I am sure that this is the required format but i am unsure how to come with the numbers on the left side of the paper. sorry for asking this kindergarden questions. thanks for assistance.paz1960 said:
Please see atcase number said:thanks Paz, i looked on the Federal rules for Virginia`s District Courts and it did say something about 20 days interval to oppose the defendants motion. anyway, i am going to file my Opposition on Wednesday to be sure that it is going to be there
http://office.microsoft.com/en-us/templates/TC060869931033.aspx?CategoryID=CT101481321033
USCIS New Name Check Expedite Policy
I guess the purpose of the new name check expedite policy is trying to scare away the people suing them, but the question is that Judge with full power to rule out expedite order. I guess there are more and more people file WOM and USCIS can't handle anymore. It will be more difficult to get name check expedite from AUSA, but we still have some hope from Judge.
I guess the purpose of the new name check expedite policy is trying to scare away the people suing them, but the question is that Judge with full power to rule out expedite order. I guess there are more and more people file WOM and USCIS can't handle anymore. It will be more difficult to get name check expedite from AUSA, but we still have some hope from Judge.