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

[Mr LA]

I called the US Attorney today. The conversation went as follows:

Yousif: I am calling to introduce myself to you … etc.
USAttny: Yes, Mr. Yousif, you are asking a judge to make you a US Citizen.
Yousif: Yes Sir I am.
USAttny: And how can I help you, you understand that I cannot just pick up the phone and ask the FBI to clear your name. They have to do the name check you know.
Yousif: Yes Sir I understand, but the problem is that I have been waiting for them for two years to do their Job and I have tried everything from contacting the USCIS multiple times to working with my congressional representative and now I have no other option but to seek relief in a court of law. I want to tip the odds in my favor and maybe get the USCIS to expedite my FBI name check before the case get to trial.
USAttny: I do not think that is possible, no one can do that.
Yousif: Sir, I believe I saw a congressional testimony somewhere with respect to this subject that indicates that USCIS can actually request the FBI to expedite. Further, I believe they can finish a name check in 48 hours if they want to.
USAttny: Can you refer me to that text of the congressional testimony?
Yousif: I don’t have it handy, but I will look it up and e-mail it to you.
USAttny: Let’s do that. We still have one month before we have to respond to you right?
Yousif: Yes Sir.
USAttny: Please understand that I will be representing the government and things won’t happen overnight.
Yousif: I understand.

That’s pretty much the gist of it. Any help advice can be greatly appreciated.

Thanks,

Yousif

Hello, Sallam yousif,

try to fish here....
and I hope this help,

 

[mohamedmohamed]

as always, the USCiS have no standards in doing one thing the same way, so just as they process th epeition different, they QUOTE]

Good advice. Thanks much. I think I may have jumped the gun by diverting into the expedite stuff . I’ll send him an e-mail and see what happens.

i think you are still on the right track, and it is true that hey do offer expedit name chack, and the bets proof for that is the USCIS memo that is posted here on either the page 130, or 129, in addition to the reopr by the dhs ispector general all these are available,and you should use it too, but personally i think you should mention yout strong arguments first, then if they bring the other idea, you can argue them too, but dont put yourself as a target without having a very good diffense, the good thing, the uS attorney have no clue about this thing what so ever, so you can still beat him, even if you have to take him to the trial

 

[RealSuperK]

I have prepared the first draft of my response to AUSA's answer to my complaint. I attached the answer to my complaint in the PDF format and my answer is in the Word document. Of course I'll need to change the formating a bit, but that's a matter of looks.

When you get a minute, check it out and see if I left a some strong argument or maybe I got a loophole or two in arguments I used.

 

[WaitingInDallas]

Thanks to Suzy977 and mohamedmohamed

this doesnt really affect anything, and you are not required to get the deffendent singnature or concent, because he too have received a similar leter and he have to signe or express his unwillingness to do to the court.
assignement to te magistrat just , is a normal thing, the magistrat, is a judge that have been appointed recently, but have been finally approved as judge 'somewhat similar to a training period" but the case processing steps and guidline and quiality, is the same as if another judge is reciding over it, so you should signe the letter and return it.

Thanks a lot for the quick answer, Suzy977 and mohamedmohamed! Wish you two all the best!

 

[WaitingInDallas]

All the parties (Plaintiff and Defendants) receive these forms, you don't need to worry about getting the signature from defendants. If they agree with a Magistrate or not, is their business, and if they don't...the District Judge will be very unhappy, to bother with such a minor matter because of their stuburness.

Do not worry about this, is just a standard procedure, many cases are not judged by District Judges but by Magistrates, who are very well prepared and professional.
Sign your consent and send it back.

P.S. You have the option not to accept, but is causing delays, and more importantly, you don't want to aggravate the Judge...in case you, eventually, will appear in front of him/her

Thank you very much, Suzy977!

 

[mohamedmohamed]

am sure you guys would love this quote it is from the roprt og michecl J maxwello the page 27, posted by mr LA
"As of agusrt 2005, some 1,400 immigration appilcations, most for us citizenship that had generated national security hits on IBIS were sitting in limbo at USCIS headquarters because the employees trying to process them were unable to obtain the national security information that caused them to be flagged.

 

[brightstar]

Apppppppppprrrrrrrrovvvvvveeeeedddddddd

Guys
My lawyer just called me That DHS approved my case I-485 and he will dissmis the Mandamus case. This was a hell of a journey.

RD: 10/2002
IV: 10/2004
Mandamus case filed:2/2006
FP:4/29
RFE:5/1/2006
AD: 5/15/2006

 

[mohamedmohamed]

I have prepared the first draft of my response to AUSA's answer to my complaint. I attached the answer to my complaint in the PDF format and my answer is in the Word document. Of course I'll need to change the formating a bit, but that's a matter of looks.

When you get a minute, check it out and see if I left a some strong argument or maybe I got a loophole or two in arguments I used.

I ONLY CHECKE THE ANSWER FOR THE PARAGRAPH 19, AND 23 THEY LOOK GOOD, JUDT MAKE SURE YOU RECHECK YOU SPELLING ONE LAST TIME, SOME MINOR EROR ARE THERE, I THINK YOU HAVE TRASHED WHATEVER THAT LAWYER HAVE WROTE.

 

[mohamedmohamed]

Guys
My lawyer just called me That DHS approved my case I-485 and he will dissmis the Mandamus case. This was a hell of a journey.

RD: 10/2002
IV: 10/2004
Mandamus case filed:2/2006
FP:4/29
RFE:5/1/2006
AD: 5/15/2006

well done

 

[miumiu1977]

How to dismiss a case?

My I-485 was approved before US attorney contacts me, in fact, we never talked. Now I decide to dismiss the case. Is there any template I can borrow to file a motion to dismiss? Any particular things I need to be cautious? Thank you!

 

[Suzy977]

My I-485 was approved before US attorney contacts me, in fact, we never talked. Now I decide to dismiss the case. Is there any template I can borrow to file a motion to dismiss? Any particular things I need to be cautious? Thank you!

Just call the Court Clerk and ask how to do that...if they don't assist you in doing them this favor...in my opinion you can just forget about the litigation (if you really were approved and got you GC!) and let the case be dismissed by itself.

The only thing you need to be cautious is to make sure you get your GC.

................
I'm thinking, my advice above, for you, is perfectly OK...I don't know (I never thought of this ) what impact is going to have your case on future litigation...basically, if you let the case "dismissed by itself" it will show in the history of the court that you "lost" by not showing up, or not responding...everybody can argue and prove why your case was dismissed...but will give a little bit of ammunition to future US Attorneys who will search for same cases.

 

[Haddy]

Illegal Immigrants

Mr. President's Speech:

1) Controlling Borders: I Agree, Among all of us here (I beleive).
2) Temp Workers Program: As Long as it doesnot hurt Legal Imigrants.
3) Biometrics: This will slow down already the Process Which is at HALT
4) Should not be given Amnesty: People who will come here after these illegal immigrants... will have to wait more than what we waited for...
5) Honor Great American Tradition Embrace Success With Hard Working

I dont know how FBI/USCIS will take care of this... ???

 

[Haddy]

Talked to AUSA

As many have suggested... I did call AUSA today... He was normal in his conversation... was not very powerful in his conversation... I started the conversation as mentioned by the great MohamedMohamed... He remembered my name and my case... he himself told me in his words: "... he has requested Expedite on My File but that is all he could do..." he also sd that "... he has recd my additional exhibits..."

I made this call during break from my work... later when I reached home I found the FOIPA response from Mr. Hardy with "No Records"... He sent this response in reply to my letter I wrote to him after filing my complaint... which though I know is not going to help USCIS move there big @$$ butts... I am still planning to add it in my complaint... But truly now I feel somewhat calm because there is no one in FBI's hitlist with similar name like mine (Thanks God I was very worried) and trust me like Mohamed many would understand what it means to have a Muslim name...

Please any advices... Mohamed, Suzy, SyedNaqvi, RealSuperK, and all my friends...

 

[kabi24]

My never-ending story

Hello everyone.
I am new to this forum as i only started going through it after i found it through google by total coincidence. Anyways here's my story:
Today 05/15/2006 i went to the western district court of washington in Tacoma and filled a Petition for hearing on naturalization under USC 1447 (b).
To make the story short i'll start with the timeline.

Seattle DO.
GreenCard 08/28/2001
I-751 approved09/30/2003
N-400 application priority date 06/01/2004
Fingerprinted on 07/16/2004
interview 01/13/2005
status: pending namecheck.
Filled a civil suit 05/15/2006

I contacted the officer that interviewed me about 3 times without getting any answer. then i finnaly contacted the office of the Ombudsman. then the same answer one more time from the DO. : just wait...
After going through this forum i was glad i found a recourse to this issue.

in my civil case, it turns out that the western district of washington has two offices . i filed in Tacoma since i live in Pierce county, but the clerk is saying that it will be assigned to a judge in the Seattle office!
Also, the Pro Se package that i got from the court said that the summons will be issued by the court after review of the case, nevertheless the clerk (that looked pretty confused) said that i should have requested it with my original proceeding and then gave me a sheet of paper that is titled "praecipe". she said that i have to mail it in now and request the summons !. so now i am kinda confused and i have a few questions hopefully someone can help.

1- do i just fill that "praecipe" sheet alone to request the summons or do i also have to include a filled summons sheet for each of the defendants, so the court could approve it ?
2- i am naming the DHS dir Chertoff, USCIS DIR, the DO director and finally the US attorney General. Now to summon the local US attorney, do i have to summon the one in Seattle or Tacoma branch where i reside?

I admit that the clerk didn't seem to be helpful after she looked at the deffendants list. She said that they didn't get many of those; as a matter of fact, she had to go ask someone else on how to proceed .they were supposed to keep the original and a copy of the case but she only kept one!

(i agree i might be in "freaking out" mode right now)
So we'll see how all this stuff is going to go.
thank you all.

 

[mayseventh2003]

User name       District        IV              Filing		Oath
1447				
Alaskan Bear				
backues		Southern Ohio			
balto		Baltimore, MD	1/4/06		5/10/06	
bashar82	Eastern VA	6/8/05		1/4/06		5/5/2006
breezyemily	Greenbelt, MD	1/10/06		5/12/06	
delfo		SF, CA				4/7/06		5/9/2006
egyptiancastle	SJ, CA						5/18/2006
It1GM				
maryland	Greenbelt, MD	3/8/04		12/27/05	4/14/2006
Mr LA		LA		1/10/05		5/15/06	
ournyla		Houston		1/3/06		5/9/06		
publicus					10/29/05	1/9/2006
qim				4/5/05		2/6/06		5/12/2006
realsuperK			8/9/05		3/9/06	
sam1973				9/13/05		4/27/06	
sfaizullah				
SyedNaqvi			10/24/05 	4/7/06	
Vmlnj						1/30/06		4/10/2006
waitinginDallas					5/8/06
Eastbayer        SF/NorCal      3/18/05         4/28/06
Mesh             CA                             3/23/06         4/24/06
Cristoaca        CA                             2/22/06         3/10/06
Horiba           CA                             1/5/06          3/21/06
Olgat            CA                             1/11/06         3/7/06	

WOM				
andrew2006	Southern NY			5/8/06					
greencard12					4/6/06	
haddy						4/6/06	
kenny485	Houston			
mayseventh2003	New Haven CT		       3/10/06	
mattraj						3/30/06	
miumiu1977					4/7/06	
mohamedmohamed			2/1/05		4/20/06
tsa3400		MA				12/27/05

 

[mohamedmohamed]

As many have suggested... I did call AUSA today... He was normal in his conversation... was not very powerful in his conversation... I started the conversation as mentioned by the great MohamedMohamed... He remembered my name and my case... he himself told me in his words: "... he has requested Expedite on My File but that is all he could do..." he also sd that "... he has recd my additional exhibits..."

I made this call during break from my work... later when I reached home I found the FOIPA response from Mr. Hardy with "No Records"... He sent this response in reply to my letter I wrote to him after filing my complaint... which though I know is not going to help USCIS move there big @$$ butts... I am still planning to add it in my complaint... But truly now I feel somewhat calm because there is no one in FBI's hitlist with similar name like mine (Thanks God I was very worried) and trust me like Mohamed many would understand what it means to have a Muslim name...

Please any advices... Mohamed, Suzy, SyedNaqvi, RealSuperK, and all my friends...

i think you are going in the right direction, secodnly wth how are we disppointed and unhappy with the uscis delaying our cases, but if the us attorney show any cooperation , we should welcome that , and really try to work with them, it is for the best of everyone, and it show good faith in fron of the judge, save the agressive approach till you are provoked.

 

[Suzy977]

Mr. President's Speech:

1) Controlling Borders: I Agree, Among all of us here (I beleive).

YES

2) Temp Workers Program: As Long as it doesnot hurt Legal Imigrants.

YES...but in my personal opinion, deportation with 10 yeas ban to enter US is the right solution...call it wishful thinking

3) Biometrics: This will slow down already the Process Which is at HALT

YES...is true what you say, but is 100% necessary (unless my wishful thinking becomes reality )

4) Should not be given Amnesty: People who will come here after these illegal immigrants... will have to wait more than what we waited for...

YES...anything but Amnesty, criminals and lawbreakers shouldn't be rewarded with Amnesty.

5) Honor Great American Tradition Embrace Success With Hard Working

YES........With Hard LEGAL Working!!!!!!!!!!!!

 

[Haddy]

Thank you Mohamed

i think you are going in the right direction, secodnly wth how are we disppointed and unhappy with the uscis delaying our cases, but if the us attorney show any cooperation , we should welcome that , and really try to work with them, it is for the best of everyone, and it show good faith in fron of the judge, save the agressive approach till you are provoked.

Thank you Mohamed for keeping us in the right peaceful direction... I will keep it in mind...

 

[Haddy]

As Usual U R Gr8...

Thanks for replying... I agree with you...

 

[RealSuperK]

As many have suggested... I did call AUSA today... He was normal in his conversation... was not very powerful in his conversation... I started the conversation as mentioned by the great MohamedMohamed... He remembered my name and my case... he himself told me in his words: "... he has requested Expedite on My File but that is all he could do..." he also sd that "... he has recd my additional exhibits..."

I made this call during break from my work... later when I reached home I found the FOIPA response from Mr. Hardy with "No Records"... He sent this response in reply to my letter I wrote to him after filing my complaint... which though I know is not going to help USCIS move there big @$$ butts... I am still planning to add it in my complaint... But truly now I feel somewhat calm because there is no one in FBI's hitlist with similar name like mine (Thanks God I was very worried) and trust me like Mohamed many would understand what it means to have a Muslim name...

Please any advices... Mohamed, Suzy, SyedNaqvi, RealSuperK, and all my friends...

Dude, you'll be alright. Now you know that they (a) work on your case and (b) are aware of everything that is going on. Could be worse. You could have called up and he'd tell you "To be honest, I haven't even looked at your stuff yet"

As for the FOIPA... while having "No Record" helps out, they can always come up with some crap like "well, when we do the name check, we check 25,000 different databases. FOIPA isn't that sophisticated" However, having a clean FOIPA should help. Again, could be worse. You could have had a FBI file like I do. I just need them to open the damn thing up and see how laughable the information in there is. Investigating somebody for possible ties to the Russian mob when that person hasn't been in Russia since he was 12 years old and when he speaks Russian to people from there, they go "Holly crap, you got a HUGE American accent going".... It would be funny if it didn't cause me THAT much trouble.