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

AUSA requested an extension

Hi Folks:

Yesterday Feb. 6th, the AUSA response was due to my WOM filed 12/06. His assistant called my cell and asked for an extension of 30 to 45 days. I agreed to 30 days. She e-mailed the stipulation to Extent Dates to sign and fax back to her. I followed through promptly. The stipulations states the reason for extention being:

"In order to allow sufficient time for USCIS to consider an alternative resolution to this case and/or Answer and prepare a joint case management statement, the parties hereby respectfully ask this Court to extend the dates in the Court’s scheduling order as follows..."

The case was filed in Northern California District Court. My AUSA has been nice thus far, but I get the impression he is not communicating effectively with USCIS and FBI Counsel Offices. He did not know that USCIS requested an expeditious name check. My Congresswoman informed me and I mentioned to him :D


Name check pending since 10/09/04
WOM filed 12/06/06
Expedite name check requested 12/18/06

:confused:
 
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Opinions and orders part 6

This is part 6 of the opinions and Orders one can use in drafting an Opposition to a Motion to Dismiss or Remand in an 1447(b) lawsuit.
 
Pacer

Paz:

How do you look up cases on Pacer and pull documents like the ones you post?

I would like to look up other WOM cases filed so that I can study them and prepare to fight, in case I have to.

Thank you,

Y.
 
swimfitness said:
Paz:

How do you look up cases on Pacer and pull documents like the ones you post?

I would like to look up other WOM cases filed so that I can study them and prepare to fight, in case I have to.

Thank you,

Y.
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go to http://pacer.psc.uscourts.gov/ and get into your state. then search for key word like USCIS's president name and so on. that's how I found the case in my area.
 
swimfitness said:
Paz:

How do you look up cases on Pacer and pull documents like the ones you post?

I would like to look up other WOM cases filed so that I can study them and prepare to fight, in case I have to.

Thank you,

Y.
Click to expand...
I sent you a PM about this.
 
paz1960 said:
I sent you a PM about this.
Click to expand...

PAZ..thanks for stayin in this forum to help us answer questions. Do you mind forwarding me the info about using PACER.

Also, like many of ppl on this forum, my citizenship has also been stuck in name check for 2 yrs now. We are thinking about hiring a lawyer. He said he would file Mandamus and 1447(b) for us for $2500. It sounds too good to be true.

Do you have any suggestions?

Also, if there's anyone whose heard of good lawyers from Atlanta, please let me know. Or Manjunath Gokare LAW Firm..

I'd really appreciate it!

Thanks!!
 
My suggestion is file 8 USC 1447b and Writ of Mandamus together in one lawsuit

Freebird2 said:
I know this topic has been talked about over and over in this thread. But I do have something new on this, and any comments is sincerely looked forward to as I need to decide which route to go.
I live in Houston, Texas. My N-400 citizenship case has been pending for about 24 months. I found many cases filed to the district courts in Texas in PACER. What surprised me was that every N-400 case represented by a lawyer was filed for "Writ of Mandamus", yet many Pro Se cases were filed for "1447(b) Petition for Hearing". I consulted a Houston lawyer, he insisted Writ of Mandamus was the way to go for citizenship cases. The I consulted a couple of California lawyers, they pointed out "Writ of Mandamus" approach might easily ruin my case. I'm now totally lost. Is there anyone here from Texas? Can anyone offer me his/her point of view? Help needed! Thanks.
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It is more difficult to meet the requirements of writ of mandamus to win it. You have to have exhausted all your possible administrative remedies and you have to show the court that you did that by writing numerous letters over a time period. In my opinion the best way to file it would be under 1447b and writ of mandamus together in the same lawsuit. There are attorneys who have done that in the past. However you may have to prove to the court that you have exhausted all your administrative remedies by writing numerous letters to USCIS and made Infopass appointments and yet you still were not able to resolve this matter. Ultimatley what matters in these cases, regardless of which type of lawsuit you file is the "reasonableness" of the defendants' length of delay. I believe you have a more powerful lawsuit if you file 1447b and Writ of Mandamus together.
 
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ashlie23 said:
PAZ..thanks for stayin in this forum to help us answer questions. Do you mind forwarding me the info about using PACER.

Also, like many of ppl on this forum, my citizenship has also been stuck in name check for 2 yrs now. We are thinking about hiring a lawyer. He said he would file Mandamus and 1447(b) for us for $2500. It sounds too good to be true.

Do you have any suggestions?

Also, if there's anyone whose heard of good lawyers from Atlanta, please let me know. Or Manjunath Gokare LAW Firm..

I'd really appreciate it!

Thanks!!
Click to expand...
Here we go:
In the party, you put Chertoff (he is always a defendant in such cases) and under the nature of lawsuit you put 890 or 540 (most of the WOM cases are filed under 540, but sometimes under 890. The 1447(b) lawsuits are filed usually under 890.)

Unfortunately, you will find some cases which are different types (like habeas corpus) during these searches, but with some luck, you will find most of what you are looking for. Ask also this question from wenlock, he did extensive searches on PACER for WOM cases.

Best regards,
paz1960

The reason why I sent him/her this in a PM is, beause I received this request in a PM.

Because I filed my lawsuit as Pro Se and I never considered hiring an attorney, I don't know how reasonable or unreasonable is the $2500. My guess is that this can depend on the local market conditions. You can ask for references this lawyer (ask him/her to give you the number of some similar cases what (s)he represented). Although (fortunately) I never had to deal with any lawyer, I think that I would be entitled to receive some references about his/her previous work, like in many other areas of everyday business before I make up my mind and hire him/her.
 
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paz1960 said:
Here we go:
In the party, you put Chertoff (he is always a defendant in such cases) and under the nature of lawsuit you put 890 or 540 (most of the WOM cases are filed under 540, but sometimes under 890. The 1447(b) lawsuits are filed usually under 890.)
Click to expand...

thank you!
what's about for i-485 name check case? should I put 890 or 540? thank you!

I saw someone mesion using 890 but I am not sure if it is correct for i485
 
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paz1960 said:
I sent you a PM about this.
Click to expand...

PAZ, Wenlock, case need your opinion,
I just got a phone call from a friend, he needs to file a WOM for I-485.
(1) Name check has been stuck for 5 years;
(2) FBI interviewed him twice in the past three years;
(2) He was from China, but not with any type of sensitive research background; He got a very clear records;
(3) Nothing happened after FBI interviews.
My question is :the purpose of us is to compel FBI to finish name check, but his case is more complicated asscociate with FBI field office investigation. Does WOM potentially has negtive impact to his case? would you please provide any of old cases as reference to deal with this post-name check situation
 
myang1969 said:
PAZ, Wenlock, case need your opinion,
I just got a phone call from a friend, he needs to file a WOM for I-485.
(1) Name check has been stuck for 5 years;
(2) FBI interviewed him twice in the past three years;
(2) He was from China, but not with any type of sensitive research background; He got a very clear records;
(3) Nothing happened after FBI interviews.
My question is :the purpose of us is to compel FBI to finish name check, but his case is more complicated asscociate with FBI field office investigation. Does WOM potentially has negtive impact to his case? would you please provide any of old cases as reference to deal with this post-name check situation
Click to expand...

My take on this is that if you have nothing to hide don't worry and file. Infact it will be good if you know the agent who investigated him. He can mention this thing in the case that this FBI contacted him for some inquiry and Plaintiff was forthcoming on responding to any queries that agency asked. He complied with law and answer truthfully so he has nothing to hide.
I would infact also try to contact that agent directly and ask him a favor like I helped you every thing that I can now please help me by getting my name check completed as I have nothing to hide.

At least you have some contact in FBI or reason to believe why your name check is stuck.
 
Paz and other gurus,

Mine is a 485 case. Do I have to wait for 2 yrs before I can file a WOM? I am planning to file WOM after 1 yr.

Thnx
 
myang1969 said:
PAZ, Wenlock, case need your opinion,
I just got a phone call from a friend, he needs to file a WOM for I-485.
(1) Name check has been stuck for 5 years;
(2) FBI interviewed him twice in the past three years;
(2) He was from China, but not with any type of sensitive research background; He got a very clear records;
(3) Nothing happened after FBI interviews.
My question is :the purpose of us is to compel FBI to finish name check, but his case is more complicated asscociate with FBI field office investigation. Does WOM potentially has negtive impact to his case? would you please provide any of old cases as reference to deal with this post-name check situation
Click to expand...
I agree with wenlock. The worst I can imagine is sitting in this black hole and you don't know why. You are confident that you never committed any illegality, you are clean and still, must be a reason why your background was not cleared in the first instance. So you start worrying, inventing all kind of unlikely scenarios. At least my imagination was very good on this. I just realised that this takes a too big toll on my everyday life so whatever should come, better get over with. A certainty, even if is bad, is better than this limbo situation. I know, not everybody feels like me, but I'm almost sure that I am not alone.

I know somebody (in fact, I don't remember now if he wrote his story here on the forum or I heard it privately), who was also investigated twice by FBI, second time because he ordered a flight simulator computer program on the internet. And recently his name check was cleared, however, it is true, that he was only preparing to file a lawsuit; fortunately, looks that he can now save the filing fee and the stress associated with the lawsuit.
 
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Can I file lawsuit?

I had my AOS interview on 08/08/2006 (183 days back) and the last update I got my USCIS was 10/28/06 (102 days back), I went in person to USCIS office couple of weeks back to confirm that its namecheck which is causing the delay, as per the document that they showed to me, they requested FBI namecheck in Aug 2006 and havn't heard anything back from FBI.

Is it too early for me to file lawsuit?
(I read the documents attached in thread, they say 120 days, is it from AOS interview or last update?, Please check my signature for my timeline.)

I am just scared that If I don't do this lawsuit my case will just collect dust and will take years to complete.

Thanks
 
bobyang3 said:
thank you!
what's about for i-485 name check case? should I put 890 or 540? thank you!

I saw someone mesion using 890 but I am not sure if it is correct for i485
Click to expand...
I can only repeat: most of the WOM cases are filed under 540, but sometimes under 890.
 
gcbez said:
Paz and other gurus,

Mine is a 485 case. Do I have to wait for 2 yrs before I can file a WOM? I am planning to file WOM after 1 yr.

Thnx
Click to expand...
There is no rigid rule. Unfortunately, no statue prescribes a time limit for USCIS and FBI to act on your AOS petition. So in your lawsuit you will have to demonstrate that your case was unreasonably long delayed. Here is up to the judge what s/he will consider unreasonable. In most of the successfully fought WOM cases, seems that around 2 years was the limit where courts considered the delay unreasonable. See the Opinion and Order in Alkenani v. Barrows (AOS petition, WOM lawsuit, denied).
 
racingdude said:
I had my AOS interview on 08/08/2006 (183 days back) and the last update I got my USCIS was 10/28/06 (102 days back), I went in person to USCIS office couple of weeks back to confirm that its namecheck which is causing the delay, as per the document that they showed to me, they requested FBI namecheck in Aug 2006 and havn't heard anything back from FBI.

Is it too early for me to file lawsuit?
(I read the documents attached in thread, they say 120 days, is it from AOS interview or last update?, Please check my signature for my timeline.)

I am just scared that If I don't do this lawsuit my case will just collect dust and will take years to complete.

Thanks
Click to expand...
The obligation to make an adjudication in 120 days after your examination (=interview) is valid only in N-400 natiralization cases. There is no prescribed time limit how long they can take to adjudicate your AOS petition.

Se my prevoius post, discussing the same problem.
 
could any body tell me what does 540 and 890 mean. thanks.

could any body tell me what does 540 and 890 mean. thanks.

I just filed my case two days ago and I have to be well prepared for their possible response.

I-140 and I-485 filed concurrently in Sep. 2004
I-140 got approved in March 2005.
Filed WOM 2/5/2007
 
relyonself said:
could any body tell me what does 540 and 890 mean. thanks.

I just filed my case two days ago and I have to be well prepared for their possible response.
Click to expand...

If you filed your lawsuit, you had to file also a Civil Cover sheet. Under part IV. Nature of the Suit, you have to pick one box. 540 is the Mandamus and Other, 890 is Other Statutory Actions.
 
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Prepare

Hey Paz:
I have a pacer account, I'd like to look up the cases that related to the WOM. I know you can look up the defendants such as Emilio T. Gonzalez. However, how can I look up the cases with the opposing motion to dismiss etc.?

Second question, how to cite the cases when you opposing motion to dismiss?

Thank you very much!

philipimi

philipimi@yahoo.com
 
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