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

wenlock

Registered Users (C)
paz1960 said:
This is a question what everybody would like to know the answer. In my opinion, there is no such answer because the great variety QUOTE]

Paz,

I have spent tons of money on pacer and read many judgement and I have found very few where decision is not favourable for plaintiff. 95% cases got resolved before any hearing. I think that things are moving little slow now but still are moving.

let see how things go.
 

wenlock

Registered Users (C)
Annamalai96 said:
Hi Guys:
There was lot of chatter going on about the new Internal Memo by USCIS that they would not Expedite Namecheck just because the plaintiff filed WOM starting Dec 22,2006. Here is one case which was filed recently in Philadelphia and the following is the complaint filed by the Attorney. I got it from Pacer.

"In conversations with representatives of the Respondents, DHS and CIS,
including named Respondent Mr. Monica, Plaintiff’s counsel, was informed that
no internal administrative action could be taken by that agency to address the general issue this case presents. USCIS officials have stated that Defendant FBI and an unidentified agency or agencies are conducting background reviews and there is no way for USCIS or DHS to request those agencies to take action. With respect to Defendant FBI, there is no process for counsel to request review of this matter. With respect to the Unnamed Agency which is also allegedly conducting a review Plaintiff’s counsel does not even know where to start."

Counsel himself is admitting that USCIS has refused to Expedite the Namecheck. Hope the Judge will see through it.

Also I heard that they are telecasting about the plight of people stuck in Namecheck in CNN - Paula Zahn at 8 p.m. I couldnt confirm. Did Somebody hear about this?

Thanks, Keep up the Goodwork.

Annamalai
Do you know what is the out come of this case? I thing you have good counter argument against it. If you make congressional inquiry against FBI in regards to name check they clearly tell you when name check was requested and if it pending or not.

If you have proof that only name check is pending that I am sure you can prove by showing congressional written inquiry then it puts pressure on defendent FBI because they are suppose to complete it.

Other 20 agencies those to background check are part of IBIS check not name check.

Plus many testomonies by FBI officals and Goveronment accountibility office explain that client agency can request expediated request to FBI so how they are saying that agency have no control over the process.
 

paz1960

Registered Users (C)
wenlock said:
paz1960 said:
This is a question what everybody would like to know the answer. In my opinion, there is no such answer because the great variety QUOTE]

Paz,

I have spent tons of money on pacer and read many judgement and I have found very few where decision is not favourable for plaintiff. 95% cases got resolved before any hearing. I think that things are moving little slow now but still are moving.

let see how things go.
Are you counting in this 95% the cases remanded to USCIS? And if the remand is something like "USCIS should adjudicate Plaintiff's application as soon as the background check is complete" or some equivalent, zero value order; where do you count such cases?
 

Majman

Registered Users (C)
Southhuntington, congrats on your approval! :)

I'm curious about your name check results. In my case the FBI completed my name check in July 2004 - but the INS said it was not complete and are still screwing around with my security check.

What was the status of your security check when you filed WOM? What reason did USCIS give for not processing your application after the FBI name check was done?

I am really encouraged by your post and would really appreciate a more detailed description of what happened after the FBI completed your name check.

I intend to file WOM soon. The SOBs denied my travel authorization in 2005 and I've been unable to travel abroad since then. I have been apprehensive about filing WOM till now.

Majamn

Filed I-485: 10/01
GC Interview: 01/03. Accepted pending name check.
FBI Name check completed: 07/04 (CIS refused to acknowledge this)
Travel Authorisation refused: 11/05
 

Southhuntington

Registered Users (C)
Majman, after I filed WOM, I went for Infopass on 12/28/05. The officer told me that background check was still pending. I asked what the pending check was, name check or others? He said "Everything". I felt very disappointed at that time. But on 1/04/07, I received the 2nd FP notice, which was issued on 12/28/05. Until now, I still don't know what is the reason for CIS to keep telling me that my name check was pending. I think, WOM is a good choice to force them to correct any mistake they made. Your case lasts so long that you could build a strong case.
 

Majman

Registered Users (C)
Did you recieve an official notice from the FBI that they had completed your name check? I guees I'm asking how you knew that it had been completed.




Southhuntington said:
Majman, after I filed WOM, I went for Infopass on 12/28/05. The officer told me that background check was still pending. I asked what the pending check was, name check or others? He said "Everything". I felt very disappointed at that time. But on 1/04/07, I received the 2nd FP notice, which was issued on 12/28/05. Until now, I still don't know what is the reason for CIS to keep telling me that my name check was pending. I think, WOM is a good choice to force them to correct any mistake they made. Your case lasts so long that you could build a strong case.
 

myang1969

Registered Users (C)
paz1960 said:
Are you counting in this 95% the cases remanded to USCIS? And if the remand is something like "USCIS should adjudicate Plaintiff's application as soon as the background check is complete" or some equivalent, zero value order; where do you count such cases?
Hi, PAZ1960
I am alos in Michigan, Do you study any district judge? My case was assigned to Anna Diggers, do you know any thing about her?
 

Annamalai96

Registered Users (C)
wenlock said:
Do you know what is the out come of this case? I thing you have good counter argument against it. If you make congressional inquiry against FBI in regards to name check they clearly tell you when name check was requested and if it pending or not.

If you have proof that only name check is pending that I am sure you can prove by showing congressional written inquiry then it puts pressure on defendent FBI because they are suppose to complete it.

Other 20 agencies those to background check are part of IBIS check not name check.

Plus many testomonies by FBI officals and Goveronment accountibility office explain that client agency can request expediated request to FBI so how they are saying that agency have no control over the process.
Hi Wenlock:
The Case is still in Pending Status. I am not sure why USCIS is taking that position in Philadelphia office. i know one other case where the USCIS - Philadelphia district office took that position. See Rafat1972 reply whose hearing was held on Jan 3, 2007

http://boards.immigrationportal.com/showthread.php?t=136848&page=196&pp=15


Annamalai96
485 - stuck in NameCheck since Jan 2006
 

paz1960

Registered Users (C)
myang1969 said:
Hi, PAZ1960
I am alos in Michigan, Do you study any district judge? My case was assigned to Anna Diggers, do you know any thing about her?
I am in the Western Michigan district, I believe that my case is the only such case in this district.

No, I didn't study the judges; I take that as given, something what I can't influence anyway. I believe that the law is on my side and I should be able to convince the judge, whoever (s)he should be about this. I know that this is a kind of idealistic, naive approach and I won't recommend to anybody, but this helps me to stay focused (and sane sometimes when I feel depressed because of this whole mess called name check).
 

gmlvsk

Registered Users (C)
(e) Judgment Against the United States. No judgment by default shall be entered against the United States or an officer or agency thereof unless the claimant establishes a claim or right to relief by evidence satisfactory to the court.

Could somebody explain this about "claimant establishes a claim or right to relief by evidence satisfactory to the court"
 

paz1960

Registered Users (C)
gmlvsk said:
(e) Judgment Against the United States. No judgment by default shall be entered against the United States or an officer or agency thereof unless the claimant establishes a claim or right to relief by evidence satisfactory to the court.

Could somebody explain this about "claimant establishes a claim or right to relief by evidence satisfactory to the court"
In my reading this means that no judge will simply give you the relief sought without a hearing if the defendant is the US government, even if AUSA fails to file anything by the 60 days deadline.
 

said904

Registered Users (C)
case filed in june

Hello

I think the government stopped expediting name check way before December 2006, Here is my timeline

N400: June 2003
Interniew: July 2004
Filed 1447 : June 2006
AUSA did not want to expedite my name check, claiming that he cannot do nothing about it since FBI and USCIS do not want to Expedite
30 days extension ended : sep 2006
AUSA filed a motion to dissmiss
I filed an opposition
1st hearing : Dec 21, 2006: the Judge could not decide in the case , gave us another 30 days to see if anything new
2nd hearing coming up on : Jan 25, 2007

As u can see it has been more than 6 months since I filed my lawsuit and I cannot see any hope yet

by the way, iam in Florida middle Distrist

Thanks
 

myang1969

Registered Users (C)
paz1960 said:
I am in the Western Michigan district, I believe that my case is the only such case in this district.

No, I didn't study the judges; I take that as given, something what I can't influence anyway. I believe that the law is on my side and I should be able to convince the judge, whoever (s)he should be about this. I know that this is a kind of idealistic, naive approach and I won't recommend to anybody, but this helps me to stay focused (and sane sometimes when I feel depressed because of this whole mess called name check).
Thanks, Pal for your reply
My case is I-485 name check pending. Total pending three years. In the middle of pending, I found out USCIS mix up my A#. Through all possible help from Seantors and congressman, they correct error, but refuse expedite name check, new neme cehck again pending for one and half years. I collect enough evidence; Senators Office representive help me get a published expedite name check criteria (6) state USCIS error satisfy expedite list. But USCIS told Senators Office representive to shut up. I filed my WOM in middle of December and talk to AUSA for couple of time, but still dont know if USCIS start name check expedite yet. In my position, did you see any strong point I should reinforce, and any weak point I should prepare?
 

myang1969

Registered Users (C)
said904 said:
Hello

I think the government stopped expediting name check way before December 2006, Here is my timeline

N400: June 2003
Interniew: July 2004
Filed 1447 : June 2006
AUSA did not want to expedite my name check, claiming that he cannot do nothing about it since FBI and USCIS do not want to Expedite
30 days extension ended : sep 2006
AUSA filed a motion to dissmiss
I filed an opposition
1st hearing : Dec 21, 2006: the Judge could not decide in the case , gave us another 30 days to see if anything new
2nd hearing coming up on : Jan 25, 2007

As u can see it has been more than 6 months since I filed my lawsuit and I cannot see any hope yet

by the way, iam in Florida middle Distrist

Thanks
I guess USCIS do not automatically expedite namecheck before AUSA's recommedation, your AUSA must think your case is a easy one to get rid of. Without any extension, she/he directly file the motion to dismiss, which was a very tough one. You are a lucky one, your judge still give you the chance to fight. Just hold on, your judge is not full lean on goverment side. If you insist, AUSA and USCIS will wear out their patience and give you what you deserved. Good Luck !
 

paz1960

Registered Users (C)
myang1969 said:
Thanks, Pal for your reply
My case is I-485 name check pending. Total pending three years. In the middle of pending, I found out USCIS mix up my A#. Through all possible help from Seantors and congressman, they correct error, but refuse expedite name check, new neme cehck again pending for one and half years. I collect enough evidence; Senators Office representive help me get a published expedite name check criteria (6) state USCIS error satisfy expedite list. But USCIS told Senators Office representive to shut up. I filed my WOM in middle of December and talk to AUSA for couple of time, but still dont know if USCIS start name check expedite yet. In my position, did you see any strong point I should reinforce, and any weak point I should prepare?
You should ask somebody who is more familiar with the I-485 cases. I collected mainly cases about 1447(b) lawsuits.
From what I saw, besides of showing that you did everything possible to avoid lawsuit, the two main issues are to demonstrate that USCIS has a clear, non-discretionary duty to adjudicate your petition without unreasonable delay and that the delay you were exposed is unreasonable.
 

needsolution

Registered Users (C)
Question

On delayed naturalization cases:

Does anyone know how long of a time USCIS tends to take to contact you, after they send you a refingerprinting notice? (assuming that the applicant goes and gets refingerprinted right after they receive the notice)
 
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