Comfused said:
I had a conference with judge and AUSA on 01/19. It was actually a hearing. I didn't prepare very well. The judge basically sensed that I am so ignorant of the procedure and only asked me one question: How does it affect your life without the adjudication of your I-485 application? I basically repeated what I wrote in my compliant. The left time the judge asked all questions to AUSA:
Judge: how did FBI work on this case?
AUSA: I don't know. They have a huge backlog to work on. As I mentioned in email, the background check on this case has been expedited. FBI told me this morning. They are acting on it now.
.....
Judge: What happened to USCIS?
AUSA: ....They can only sent a small fraction pending cases to FBI for expediting every month..... It is expired on December. Thus they sent it to expedite in January.....
...
Judge: I will trust government to act proper to this case and give them another 60 days........
AUSA: Yes, your honored, we should trust government to properly act the case. It should be solved less than 60 days.
.....
The whole hearing lasted only ten minutes. Then the judge denied the defendants' motion to dismiss and filed an order in hand-writing:
(1) Parties may conduct paper discovery for 60 days
(2) Joint pretrial order shall be filed by April 6, 2007
(3) Docket call shall be held April 13, 2007, at 4:00 pm
I am kind of understanding my case will go to the trial. Paz, wenlock or some else , Could you help me to understand this order? My question is:
Is (1) is a paper joint-discovery? If you have some of this examples, could you tell me? I may prepare now.
What a joint pretrial order? Is that means that I should meet AUSA to determine a trail time and file it to tell judge?
What is the Docket call?
Wenlock, I really thank you to help me win the first step. please to check your personal email.
Now I am kind of feeling that maybe more and more people are going to go through what I get to go through in the fight. The information that I get from this hearing is that the USCIS currently have a limit for how many expidition cases they will sent to FBI every month. I don't know the real number.
I didn't expect my case will go to the trial. Whatever, I will see how long I can fight with them. The sharing in this thread is really valuable. Thank all the people in this thread who devoted a lot of their time, energy, money and so on to learn themselves and generously shared and help others. Maybe our fights are going to be harder than before. But adding everyone's intelligience, experience and information, we will defeat them. We know we are right and justice is in our side.
I will continue to share my experience about my case with my limited knowledge.
Hello Comfused,
It is quite interesting your experience with the judge. I'm afraid that more and more of us will face similar things, so this adds to the value of your report.
My reading of your hearing is the following:
AUSA clearly doesn't want to go back again in front of the judge. It was clear that the judge is not necessary siding with the government, otherways you would be "out" long time ago. He really wanted to give them one last chance to finish your case, before he rules agains them. And my prediction is that this will happen in the next two months.
But you should not relay on this possibility. You should prepare continuously like you would have to continue your fight.
I don't know about 2 and 3, but under 1. you can ask all kind of documents to produce in the discovery. E.g., your alien file, the information what FBI stores about you what produced a "hit" during the initial part of the name check and probably several other things. I didn't reach yet the point with my studies to be able to answer more competently your question, maybe somebody else can answer it better.
So far we were learning and teaching each other how to prepare a complaint, how to file it, how to serve the summonses, etc. After that we had to learn how to prepare an Opposition to Defendants Motion to Dismiss or remand.
I guess, that we will need to educate ourselves and each other how to continue the fight, i.e., how to prepare for a hearing, discovery, pre-trial conference, and so one... Well, this will take time, but we will have to do it.
. I filed WOM Pro Se on Jan 9, and I served two days after . I took my New Year and the next day to do all the paper work but the court lady was very helpful. My mistake I went to Attorney General office and gave them only one copy but the next day I returned with the other two. I wish you luck to all of you in this boat ( i mean it cause I know how painful is this), I m very happy cause I m doing something to change this tough situation since 2003 waiting for Green Card.