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

[akram88]

WOM and 1447(b)

Hello all,
Yesterday I started re-working on my suit. I started basically from where I left off about 8 month ago, I had a suit ready all I need to do is to update it with new information like new infopass visits, my second N400 and its withdrawal, congressman inquiries, etc...
While looking at other suits filed in NJ that I found on pacer, I saw few suits filed by this lawyer Edwin Rubin and I remember I that spoke to him back in may. He basically files WOM and 1447(b) in one civil action. I was thinking maybe I should do the same, I can use one of his suits as a template to create mine, all I need to change is the statement of facts.
I have few questions here:

1- do you think it's a bad idea to file WOM and 1447 together or should I stick with 1447 only
2- what do you think about taking this lawyer's suits and only changing the statement of facts. Will I be doing something wrong? I don't understand much about laws and technical words so the introduction, juridictions, venues, parties, request for relief and prayer for relief seem to me as general text not particular to the plaintiff in the suit (exept of course for the personal info). and that anyone by changing little in them can use them.

I'm attaching one of his suits here. Your help is really appreciated.

 

[paz1960]

I am gonna send them out tomorrow. Two more questions, when I send the original summons back to court, do I need to sign my name as the server? If I serve the US Attorney in person, how do I choose the method of service? - maybe the first option - Served personally upon the defendant

Thanks

Please see a model in the attached file. I used a similar one, it worked for me.

 

[zlin]

MR. Zhang, I'm also in the same district. I saved a lot of the cases with uscis in Virginia district court in doc files, in these cases, there're people who hired lawyers, and their lawyer's phone numbers. I think it's helpful. If you want those files send me a message with your email. If you win I'll also have some hope.

Thank you paz1960,
I found my case status at PACER
1:06-cv-01251-CMH-BRP Zhang v. Gonzales et al
Claude M. Hilton, presiding
Barry R. Poretz, referral
Date filed: 11/06/2006 Date of last filing: 01/22/2007

--
Doc.
No. Deadline/Hearing Event
Filed Due/Set Satisfied Terminated
3 Motion Hearing 01/08/2007 02/23/2006
at 09:00 AM
4 Motion Hearing 01/08/2007 02/23/2006
at 09:00 AM
1 Answer due 11/06/2006 01/06/2007
1 Answer due 11/06/2006 01/06/2007
1 Answer due 11/06/2006 01/06/2007
1 Answer due 11/06/2006 01/06/2007


Do you think this mean my case schedule hearing at 02/23/2006

thanks

 

[zlin]

Gurus, I found something in my saved file for dismissed caes. what does this mean? Who won?

09/28/2006 12 ORDER that [6] MOTION to Dismiss for mootness by Phyllis Howard, Alberto Gonzales, Michael Chertoff, Emilio T. Gonzalez, Robert S. Mueller is denied as moot and granting [10] MOTION to Dismiss for mootness by Mahmud Ahmad Syed. This action is dismissed without prejudice. Signed by Judge Claude M. Hilton on 09/28/06. (kbr) Copies mailed. (Entered: 09/29/2006)

 

[msenior]

MR. Zhang, I'm also in the same district. I saved a lot of the cases with uscis in Virginia district court in doc files, in these cases, there're people who hired lawyers, and their lawyer's phone numbers. I think it's helpful. If you want those files send me a message with your email. If you win I'll also have some hope.

zlin,
Thank you for your response. my email is zhang_zm@yahoo.com.

 

[zlin]

Also opposite of dismiss is in this thread #7677 attachment. The VA district cases will be sent to you shortly, 5-6 files. Really wish you good luck. Let us know any update.

zlin,
Thank you for your response. my email is zhang_zm@yahoo.com.

 

[huxf]

Thanks paz 1960.
I sincerely hope good news come soon for you case. It is your turn.
Everybody keep spirits up for the final wins.

Congratulations, huxf! I'm really happy for your success. Enjoy your newly found freedom!

 

[Comfused]

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.

Paz:
Thank you for suggestion about (1). I didn't realize that I can ask a lot of information from AUSA in the discovery. I will do it and try to find out what the (2) and (3) means.

 

[Comfused]

Comfused
Good Job
I believe you are one step from victory.
The Judge is on your side, the oder is USCIS has to get your name check done in 60 days. If they are not done in that time frame, there is a former trail waiting. I dont think USCIS dare to show up. take a break and relax. Good work. I am so pround of you.
By the way, did anyone mentioned mixed up A#?

Thank you for encouragement. The judge mentioned that governments made two fundamental mistakes to my case (administrative close my case without adjudication and mix up A#). In his deny order, He did mention the two mistakes distiguished my case from other cases which refered from AUSA's motion to dismiss. Another thing he mentioned is my application is pending over 3 years. I hope your WOM will not be as complicated as mine. If your case really comes to my stage, the mixed up A# and pending three years will buy some sympathy from judge.

 

[Comfused]

Great news I saw your email too. It looks like our motion to dismiss impressed Judge. I am sure your application with get adjudicated with in next 2 months. But you should keep your self prepared for trial. I agree with Paz in discovery phase you can ask AUSA about information related to your file like A file as well as FBI record that triggered hit as long as those are not confidential. You should have proof of all the facts that you mentioned in your complaint. All supportive documentation.

I think USCIS stopped automatic expediate of cases but they still have options for few hundred cases for expediate every month so you should be fine. I am sure they will expediate your name check.

AUSA told judge and me that FBI already received expedite my name check from USCIS on 01/09/2007. I hope my application will be adjudicated without mistakes anymore. After numerous mistakes make by USCIS and such a suffering from lawsuit. I don't trust government at all. If I was pretty good about law, I would like to go to the trial to make public aware all these ugly nonsense. Now I need to prepare the worst.

Thank you for your suggestion. Could you tell me what A file is?

 

[msenior]

Updates on my case:
Spoke to AUSA this morning, he checked agency & called me back. He said my name checked completed in FBI, forward result to USCIS. It should not take much longer. When I confirm with him if my name chacking cleared, he said he does not know the result.
As I post early, in other side he file motion to dismiss to court on Jan 8, 2007. I just find out from local rules. In my court (Alex, VA), I only have 20 days to file opposition to motion to dismiss.

Called court, confirmed my hearing date is at Feb 23, 2007:

I am not sure what AUSA play now. Any suggestion? thanks

I looked up what is in your docket. Seems that defendants filed two motions: the first one was a motion to dismiss lack of jurisdiction and failure to state claim, the second is a motion to remand to USCIS. And yes, the court set a hearing date for 2/23/2007 where the judge will decide these two motions. It is actually nice from him that he is not going to simply decide based on the papers filed but he wants to give you a chance to defend your case. This judge is not the same as in the Danilov case and this simple fact that he set a hearing should give you hope that your case is actually not lost at all.

At this point you can do two things:
1. try to find a lawyer as soon as you can
2. file an Opposition to both motions by yourself

If you decide to hire a lawyer, you still need to file a motion to extend the deadline till you can file an Opposition. The time requested can't go past the set hearing time. Your local rules should specify how much time you have to file an Opposition. If that date is well before the hearing, it is worth to ask couple of more days, but the new due date can't be after the hearing date. By this you buy some time for the lawyer who will need that time to prepapre a strong Opposition.

If you decide to continue Pro Se, we probably can help you to write a good Opposition. But you still will need to go by yourself at the hearing and represent yourself and defend your case in front of the judge.

 

[zlin]

This is so far my understanding:
motion of dismiss-> File opposite of motion of dismiss
motion of remand-> if no instruction or maybe word: File opposite of motion of remand requiring instruction and absorlute words.
motion of remand with insturction-> sit and wait.
Get them all then file opposite all.
am I right?

Updates on my case:
Spoke to AUSA this morning, he checked agency & called me back. He said my name checked completed in FBI, forward result to USCIS. It should not take much longer. When I confirm with him if my name chacking cleared, he said he does not know the result.
As I post early, in other side he file motion to dismiss to court on Jan 8, 2007. I just find out from local rules. In my court (Alex, VA), I only have 20 days to file opposition to motion to dismiss.

Called court, confirmed my hearing date is at Feb 23, 2007:

I am not sure what AUSA play now. Any suggestion? thanks

 

[msenior]

zlin,
I think u are right. But I was trying to find out AUSA mind set. I spoke to him. He didn't mention about his Motion to dismiss. Keeping tell me the progress on my name checking. I also wonder AUSA really doesn't know name checking result? OR just don't want to say, OR someting bad results. I can't think anything possible related to me. I have been in US for 14 years. real good citizen, ...???

This is so far my understanding:
motion of dismiss-> File opposite of motion of dismiss
motion of remand-> if no instruction or maybe word: File opposite of motion of remand requiring instruction and absorlute words.
motion of remand with insturction-> sit and wait.
Get them all then file opposite all.
am I right?

 

[annat]

Time Line

PD I400: 04/11/05

FP : 05/26/05

Intr: 08/04/05

1st lt-r after a call to USCIA : 10/26/05

2nd lt-r: 01/31/06

Call to IC 07/18/06

INFOPASS appt: 07/20/06

Case Filed in Seattle 09/12/06

US Attny served 09/13/06

Outside of State Defendants Served 09/18/06

Filed Return Service 09/19/06

Notice of Appearance 09/19/06

Show Cause order by Judge 09/26/06

2nd FP 10/17/06

Response To Order to Show Case AUSA saying case should be dismissed

10/26/06

Filed Objections 10/30/06

Order Staying Case by Judge 11/06/06

Phone conversation with Attny 01/03/07

Joint Status Report 01/04/07

Phone call from attny saying that Name Check is complete 01/19/07

Stipulation and order 01/22/07


Oath ceremony: ?


Thanks:
To this forum and ppl that provided so much info and expesially Paz1960 who helped me a lot with Objections and strategy. Thank you very much!!

Stats: CIS requested to expedite my case on 10.18.06 and I rec-ed a call from Attny that it's done on 01/19/07. It took them 3 m to do the expedited request.

General thoughts: If you are not sure file or not file the case, I'd suggest file, make sure you follow all the necessary instructions, it's a better than just sit and wait without even giving an effort to change something.

The hardest part I hope is done and in stipulation and order it sad that CIS should complete the process with in 30 days. Whatever happens next I'm glad I found this forum, filed the claim.

Thank you to all, I'll keep you posted on a final Oath date.

 

[wenlock]

zlin,
I think u are right. But I was trying to find out AUSA mind set. I spoke to him. He didn't mention about his Motion to dismiss. Keeping tell me the progress on my name checking. I also wonder AUSA really doesn't know name checking result? OR just don't want to say, OR someting bad results. I can't think anything possible related to me. I have been in US for 14 years. real good citizen, ...???

AUSA never tells you result of name check all they can say is it is completed or not. In case if your application gets denied you have to go through appeal process first if appeal process upheld the agency decision then you can go to federal District court and in that case if you get to discovery phase then you can ask for name check results that caused the denial of application.

I really do not thing AUSA will share that information with you. Infect name check results for "hit" with FBI record management decisions are provided to USCIS via FBI agent by hand. All AUSA attorney knows is that it is done or not.

 

[micahel1008]

regards comfused case

Please see a model in the attached file. I used a similar one, it worked for me.

pz1960, I have two questions regarding comfused's case. comfused: if you like to add anything, feel free to comment on it:
(1)Based on USCIS and AUSA agreed to expedite her name check, why did AUSA still file Motion to Dismiss? Extendsion will be nice instead of strong dismiss?
(2)Did AUSA file 30~60 days extension first to buy some time for their motion, while we have nothing to do for that? does extension indicate they want solve problem before go to judge or just pure for delay then later on, they still can file Motion to Dismiss the case?

 

[msenior]

Wenlock,
Thank you for response. I guess I get a normal response from AUSA. I may expect a good result. Meanwhile, I should work on Opposition to Motion to Dismiss.
I checked about 25 cases in Alex, VA court. No single hearing conducted. All case dissmissed in Stipulation and order , ORDER DISMISSING CASE; upon joint request of the parties, ORDER granting [6] Motion to Dismiss, ....

AUSA never tells you result of name check all they can say is it is completed or not. In case if your application ts denied you have to go through appeal process first if appeal process upheld the agency decision then you can go to federal District court and in that case if you get to discovery phase then you can ask for name check results that caused the denial of application.

I really do not thing AUSA will share that information with you. Infect name check results for "hit" with FBI record management decisions are provided to USCIS via FBI agent by hand. All AUSA attorney knows is that it is done or not.

 

[lotechguy]

Wenlock,
Thank you for response. I guess I get a normal response from AUSA. I may expect a good result. Meanwhile, I should work on Opposition to Motion to Dismiss.
I checked about 25 cases in Alex, VA court. No single hearing conducted. All case dissmissed in Stipulation and order , ORDER DISMISSING CASE; upon joint request of the parties, ORDER granting [6] Motion to Dismiss, ....

msenior,
Did you do a FOIPA with FBI and what did that say ? I am guessing if FBI FOIPA says you dont have a record with them and you have never had a problem or been approached or contacted by any federal law enforcement agency it is safe to assume that you dont have anything derogatory with the FBI. Guys, Is this a safe assumption ?

 

[yvesliu]

Help please!

I just talked to the US. Attorney who is dealing with my case. He said he just filed an answer to the court. I asked him if it is dismiss the case or extension for another 30 days, he said it is just an answer. After I receive the answer, I can write a letter to the judge asking for the ruling. Does this make any sense? I asked him if the expedite request expired (which I read from some posts here), he said FBI name check expedite request will never expire.

In Dec., this US. Attorney wrote me an e-mail saying that I should hear teh result of FBI name check very soon and I was in the last batch of names which got sent to FBI to expedite.

Any suggestions?

 

[msenior]

lotechguy,
thank you for your response. I have never contacted by any law enforcement. What's FOIPA? Do I need to do this for my citizenship application?

msenior,
Did you do a FOIPA with FBI and what did that say ? I am guessing if FBI FOIPA says you dont have a record with them and you have never had a problem or been approached or contacted by any federal law enforcement agency it is safe to assume that you dont have anything derogatory with the FBI. Guys, Is this a safe assumption ?