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

paz1960 said:
Congratulations! I was wondering what happened to your case, and here we go! You got what you were looking for. Excellent day! Three victories anounced so far. Keep going!
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Congrats to you and Said as well!!! You guys have been a great source of motivation for me...
 
Notice for ADR

guys!

Need your help. Just filed a WOM, Pro Se, with Western District of Penn on my 485. Got a notice below. Any idea what this means? Your advice is much appreciated. Thanks!

"The instant civil action has been designated for placement into the United States District Court for the Western District of Pennsylvania’s Alternative Dispute Resolution (ADR) program.

The parties are directed to fully complete the required Rule 26(f) report, which includes the stipulation of selecting an ADR process.
For further information, parties should refer to Local Rule 16.2 and the Court’s ADR Policies and Procedures, which can be accessed at the Court’s website at
www.pawd.uscourts.gov
Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of this notice on all parties.
The attorneys of record and all unrepresented parties that appear in this case are reminded that they are jointly responsible for submitting to the Court the following documents prior to the Initial Case Management Conference, in addition to any additional requirements of the assigned
Judge:
(a) a written report required by Fed.R.Civ.P. 26(f), in the format set forth in
Appendix B to the Local Rule 16.1.1B
(b) a stipulation of selecting an ADR process (pursuant to Revised Local Rule 16.2)."
 
wenlock said:
So far only 9th circuit court clearly made the rulling that USCIS lose Jursidiction. Other District court do not have common voice on that so some Judges ruled they do have sole jursdiction and some ruled they have joint jursdiction. Issue is still under gray lines in other districts.

You can always reference case from 9th District that clearly states USCIS lose Jurisdiction in your opposition to Motion to Dismiss.
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I think NY is one of the Liberal States. Buddy of mine filed lawsuit last summer and in response to the lawsuit had back ground check cleared, oath and passport in his hand in 4 months.
 
WhyThisDelay said:
Probably is a beginner question, but how do I register for PACER?? If this has been answered before - can someone point me to link to that post?

(It probably will be still take me a lot of time to go through the pacer cases. So if someone had a good experience with a lawyer in new york metro area, I'm all ears for recommendation.)
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http://pacer.psc.uscourts.gov/ . 90% of people in this chat went pro sea like myself. But that does require lot of reading of this blog. If you don't like to do any of that than you might want to go through attorney but you would have to cough up probably more than $1,000. One guy in this blog paid $5,000 for same stuff all of us pro sea folks paid $400. There are lot of people even posted their entire Case and all you have to do is copy past (change to your personal info), take to court, mail summons and you are set. Good luck.
 
wom said:
guys!

Need your help. Just filed a WOM, Pro Se, with Western District of Penn on my 485. Got a notice below. Any idea what this means? Your advice is much appreciated. Thanks!

"The instant civil action has been designated for placement into the United States District Court for the Western District of Pennsylvania’s Alternative Dispute Resolution (ADR) program.

The parties are directed to fully complete the required Rule 26(f) report, which includes the stipulation of selecting an ADR process.
For further information, parties should refer to Local Rule 16.2 and the Court’s ADR Policies and Procedures, which can be accessed at the Court’s website at
www.pawd.uscourts.gov
Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of this notice on all parties.
The attorneys of record and all unrepresented parties that appear in this case are reminded that they are jointly responsible for submitting to the Court the following documents prior to the Initial Case Management Conference, in addition to any additional requirements of the assigned
Judge:
(a) a written report required by Fed.R.Civ.P. 26(f), in the format set forth in
Appendix B to the Local Rule 16.1.1B
(b) a stipulation of selecting an ADR process (pursuant to Revised Local Rule 16.2)."
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Hello wom,
1. you need to read the referenced paragraphs from your Local Rules (I would recommend to read the full Local Rules) to get familiar what ADR means and how to proceed.
2. you need to serve a copy of the order you just received from the court to the US Attorney's Office and file a Proof of Service with the court
3. You will need to contact the US Attorney's office to find out who is the AUSA assigned to your case and coordinate with him/her the ADR process. (S)he can help you drafting the requested written report (most likely it is not the first one what (s)he needs to write)
 
whatha said:
http://pacer.psc.uscourts.gov/ . 90% of people in this chat went pro sea like myself. But that does require lot of reading of this blog. If you don't like to do any of that than you might want to go through attorney but you would have to cough up probably more than $1,000. One guy in this blog paid $5,000 for same stuff all of us pro sea folks paid $400. There are lot of people even posted their entire Case and all you have to do is copy past (change to your personal info), take to court, mail summons and you are set. Good luck.
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I respectfully disagree with some parts of your post. It is more likely now than in the past that "all you have to do is copy past (change to your personal info), take to court, mail summons and you are set" will not be enough, considering that the lawsuit will not necessary automatically trigger the expedited name check processing. It will take a lot more preparation to be able to Oppose a Motion to Dismiss or to go to a hearing in front of the judge and defend your case orally. One should consider going Pro Se only if you are willing to get well prepared and determined to fight till the end.

However, by no means I want to discourage anybody to file a complaint Pro Se. Contrary, I would encourage anybody who is willing to dedicate enough time and effort to educate him/herself with these issues associated to a full fledged lawsuit to not just sit and wait. I wasted two years and tried everything but filing the lawsuit and nothing else worked.
 
aka808 said:
While re-searching pacer today, i found a submission from Michael Cannon (Head of NNCP) National name check program. I have seen many cases, but never an actual submission from the FBI to the court. Attached is the case file:
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Thanks for posting this aka808. I have read this process on FBI website as well. They just recently posted it probably after getting sued so much :)
 
court opinions & orders 1.

These opinion and orders can be used as precedents in drafting an Opposition to Dismiss or Remand in a lawsuit based on 1447(b). More will follow, stay tuned. :)
 
Wow Great stuff Paz can you also please post some stuff on the Opposition to dismiss or remand for N400 WOM cases in which interview didnt take place.Or can u atleast point me and others in a direction to look.
I have just filed my WOM and my experience with immigration has taught me to prepare for the worst .I have been reading this forum and combing the threads for more info everyday but i just went ahead and filed the case and hoped to learn and research along the way as the 1st thread by publicus said dont be stuck in analysis paralysis
 
After WOM.

Hello, I'm new here. I filed my WOM pro se yesterday and today received a mail from distict court with a document called " Order for conferrence and disclosure of interested parties". It mentioned that:
1. counsel shall appear for an inital pretrial and scheduling conference before district judge XXXXXX on May 18, 2007
2. Counsel shall file with the clerk within fiftenn days from receipt of this order a certificate listing all persons, associations of persons, firms, partnerships, corporatins, affiliates, parent corporations, or other entities that are finnacially interested in the outcome of this litigation.

Can any anyone help me to understand the meaning of these words? What certificate in item 2 should I file? May 18 is almost four months from now.

Thanks!
 
you are a true warrior

My man said904, you are a true warrior. Just saw your docket, you fought like a real warrior. Congratulations for job well done.


said904 said:
Hello

Here is a copy of my order, i just got it today . I hope it will be of good help

Thanks
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That's it FINALLY

hello everyone
Finally I had my day. Today I renewed my expired fingerprints, passed I-751 interview, passed N-400 interview, and took the oath. All in one day after years of waiting. I think I owe it all to this forum that opened my eyes and gave me the courage to press ahead and not continue to sit and wait for the mercy of USCIS and FBI. I had the money to but did not have the time to study and prepare adequately so I hired a lawyer. He filed a WoM and 4 months later, I am a very very proud US citizen. It was amazing and worth the fight. I almost cried during the ceremoney and heard many guys around sniffing and swallowing to avoid having tears running down their faces. My advice to everyone is to move forward and take some action. Here is my timetable for the last time.
I-751 filed 2/03 (never resolved)
N-400 filed 4/04 (based on marriage to US citizen)
Fingerprints 7/04
Name check pending since 4/04
WoM filed 9/06
renew fingerprints, interview for I-751 and N-400, and Oath 1/31/07
Good luck everyone and thank you.
 
adress

can somebody provide director uscIS address the Following address I found here ON FORUM when I checked the zip code there in no sucH zip code

Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 90258
 
Here we go,

Emilio T. Gonzalez,
Director of United States Citizenship and Immigration Services (USCIS)
Office of the General Counsel
20 Massachusetts Ave, NW, Rm 4025
Washington, DC 20528


iak65 said:
can somebody provide director uscIS address the Following address I found here ON FORUM when I checked the zip code there in no sucH zip code

Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 90258
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downsides

what are the consequences (worst case scenario) of losing a WOM (say, dismissed..)?
 
wom said:
what are the consequences (worst case scenario) of losing a WOM (say, dismissed..)?
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You will be back to square one, i.e., just like before filing the lawsuit and maybe stuck for an undetermined time in the name check process. Other thing is that you may be ordered to pay the cost of litigation. And USCIS may look really careful to your file to find a reason to deny your application. But if you have nothing to hide and never violated any of the immigration rules or any other common law, they probably will not invent a cause to deny your application and you "just" need to wait further.
 
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opinions & orders 2.

Part two, Opinions and Orders, which can be used as case law examples in an Opposition to Motion to Dismiss or Remand, 1447(b) based lawsuits.
 
ICU Doc said:
hello everyone
Finally I had my day. Today I renewed my expired fingerprints, passed I-751 interview, passed N-400 interview, and took the oath. All in one day after years of waiting. I think I owe it all to this forum that opened my eyes and gave me the courage to press ahead and not continue to sit and wait for the mercy of USCIS and FBI. I had the money to but did not have the time to study and prepare adequately so I hired a lawyer. He filed a WoM and 4 months later, I am a very very proud US citizen. It was amazing and worth the fight. I almost cried during the ceremoney and heard many guys around sniffing and swallowing to avoid having tears running down their faces. My advice to everyone is to move forward and take some action. Here is my timetable for the last time.
I-751 filed 2/03 (never resolved)
N-400 filed 4/04 (based on marriage to US citizen)
Fingerprints 7/04
Name check pending since 4/04
WoM filed 9/06
renew fingerprints, interview for I-751 and N-400, and Oath 1/31/07
Good luck everyone and thank you.
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Congratulations ICU_Doc! Looks that you also expereinced the extraordinary efficiency how fast USCIS can move when they are motivated.
 
Congratulations!paz1960

Congratulations! You did it.Your oath experience also reminds me one thing for new citizens.

I would strongly suggest new citizens to do what you did, i.e., spread out the words, let the judges, senators, congressmen, and the whole US know your story, your suffering, and "the bureaucratic maze" of USCIS. Hopefully words will be heard and something will be done to improve ths whole process.

Thank you, paz1960, for your hard work and great contributions to this forum. Best wishes to you and your beloved ones.

paz1960 said:
I had the Oath Ceremony today morning, administered by the same judge who was handling my lawsuit. He just signed last Friday the order to dismiss the case, I got a copy in the mail yesterday. At the end, when the new citizens could go up on the podium to make a picture with the judge under the US flag, when we shook hands, I told him very briefly my story. He said that "Yes, I remember signing your order; I don't understand how this Immigration Office operates" and he was shaking his head, disapprovingly. He made a comment during his public speach when he welcomed the new citizens and congratulated them that they made it through "the bureaucratic maze" of USCIS. So I got the impression, that if my case would reach his bench, he would not be too sympatetic to the AUSA's defense. But I might be hearing more what he said (wishful hearing...)

When Jack Lin, the assistant director of USCIS (he was in charge with the ceremony from the USCIS side) handled me the Certificate of citizenship and I told him my name, he said: "Oh, YOU are Mr. XX; I was wondering when you show up". So probably he knew about my lawsuit.

Anyway, this long ordeal is over now, and as I promised, I'm posting now the draft of the Opposition to Defendants' Motion to Dismiss or Remand, which was never needed, so it may need some additional work to address specific issues from an actual Motion filed by Defendants. I will begin also to post some of the cases I used in this Opposition, of course, not the full dockets, just the judges' opinion & orders. But from the case numbers anybody with a PACER subscription will be able to easily find these cases and download whatever document wants from the respective dockets.

I wish to thank everybody who helped me and contributed to this forum. I'm especially indebted to the "founding fathers and mothers" of this forum and I wish I had find earlier this website, maybe I would not wait two years after my interview. I encourage everybody who is still considering what to do: stand up for your rights and you will prevail. You will need a lot of time, patience, perseverence and a little luck, but the law is on your side and ultimately you will get what you are entitled.
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