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

Summons form NJ

Hi all,
I was going to file my complaint yesterday but couldn't due to the snow. Yesterday night when I was double checking all my papers, I saw on the website and on the Prose guideline (NJ) that there is two kind of Summons forms (see attachment).
the ones I have filled out was the ao440.pdf . Do you guys know what the other form is for? do I need to use it?
Thanks
 
yiyi05 said:
And how to use the pacer to search 1447(b) case in houston district? does anybody or sakun can give me a tip? thank you very much.
Click to expand...
From the PACER main page go to the Southern Texas district's web page, click on Query, in the party name put Chertoff nad in the nature of suit put 890. Most of the 1447(b) based cases are filed under this number and Chertoff is almost always one of the defendants.
 
akram88 said:
Hi all,
I was going to file my complaint yesterday but couldn't due to the snow. Yesterday night when I was double checking all my papers, I saw on the website and on the Prose guideline (NJ) that there is two kind of Summons forms (see attachment).
the ones I have filled out was the ao440.pdf . Do you guys know what the other form is for? do I need to use it?
Thanks
Click to expand...
In such lawsuits you don't need the ao398 form.
 
Today i got a reply from USCIS replying my letter to senator and ombudsman on Dec 14th 2006.Basically it repeats that my N400 case is not ready for decision as the required investigation remains open and they have forwarded my letter to customer assistance office and assigned a case number to it.It is pretty amusing that they did not reply till i filed my lawsuit and served summons to USCIS on feb 5th and AUSA on feb 2 and the letter they sent me is dated feb 7,2007.
Is this something i need to submit to court as exhibit now ? Is this just a ploy to show they are working on my case to buy time or dismiss my case in court or is it just USCIS being late in whatever they do.
 
Re:Joint Status Report

Hi Paz, Wenlock and other gurus!

I filed my I-485 WOM 11/22/2006 and AUSA served 11/29/2006. AUSA filed an answer (to which no answer was required). Now an Initial Scheduling order has been issed by Court for a pretrial conference on 3/12/2007.It also requires filing a Joint Status Report (JSR) on 3/2/07. AUSA has maild me a draft for my consideration. I am attaching this motion with current post. I have certain questions for the experts:

1-The AUSA mention REAL ID ACT, while in my WOM I only asked court to compel USCIS to adjudicate my application because of unreasonable delay. Why is he using this act?

2- I am preparing my stipulations to add to this draft for JSR. I could not find any eamples of JSR on PACER or on this forum. Does anyone know of any examples or not?

3-Do I need to state the facts or give examples of prior precedents as AUSA has done?

4-AUSA mentioned he plans to file motion to dismiss. Why he did not do that in the first place instead of filing just an answer?

5-I have seen that discovery plan is something very strongly resisted by AUSAs especially in NM. The local district court has denied requests to preclude discovery in prior cases. What should i ask in discovery plan other than my USCIs file?

Any input is really appreciated.
 
YiYi05,

I don’t think filing pro se will hurt your case at all. I think the main problem in Houston is some of the judges just remand it back to USCIS without looking at the specifics of the case.

There was another person who posted on this board who filed pro se in Houston after my case and his went to a different judge. The judge ruled in his favor and his name check was completed in a few weeks.

Here is a link to his posting ( username – milena)

http://boards.immigrationportal.com/member.php?find=lastposter&t=227261

If you still need help with the pacer log in or any other issue please let me know.

Sakun
 
How to verify that name check was expediated? I checked with Congressional inquiry it is just telling me the original name check request date that is for sure more then 18 months old. It is not telling me that there was any new request sent to FBI.

My US attorney confirmed that he expediated and also mentioned in the extension of time motion. I am not sure who to trust US attorney or congressional inquiry. Any one knows that second expediated request shows up as second request from USCIS or not.

I am not sure what is the protocol for sending expediated request from USCIS same as normal request or different protocol.

Can some one shead some light on it. It is really worrying me now that if they did not made expediated request I am back to same level.

I have 2 more weeks to go for end of extension what should I schedule with US attorney another extension or pleading? He is ready for anything I am not sure what is good option if name expediate was not done then I do not see reason for waiting.

I am really confused with all this mess now
 
thank you very much, paz1960

paz1960 said:
From the PACER main page go to the Southern Texas district's web page, click on Query, in the party name put Chertoff nad in the nature of suit put 890. Most of the 1447(b) based cases are filed under this number and Chertoff is almost always one of the defendants.
Click to expand...


You are such a nice person. I really appreciate your reply.
 
thanks Sakun

sakun said:
YiYi05,

I don’t think filing pro se will hurt your case at all. I think the main problem in Houston is some of the judges just remand it back to USCIS without looking at the specifics of the case.

There was another person who posted on this board who filed pro se in Houston after my case and his went to a different judge. The judge ruled in his favor and his name check was completed in a few weeks.

Here is a link to his posting ( username – milena)

http://boards.immigrationportal.com/member.php?find=lastposter&t=227261

If you still need help with the pacer log in or any other issue please let me know.

Sakun
Click to expand...

Yes, I read milena's postings and they are very useful. I think I should try my luck to avoid that terrible judge.
 
this is also my question,

this is also my question.

wenlock said:
How to verify that name check was expediated? I checked with Congressional inquiry it is just telling me the original name check request date that is for sure more then 18 months old. It is not telling me that there was any new request sent to FBI.

My US attorney confirmed that he expediated and also mentioned in the extension of time motion. I am not sure who to trust US attorney or congressional inquiry. Any one knows that second expediated request shows up as second request from USCIS or not.

I am not sure what is the protocol for sending expediated request from USCIS same as normal request or different protocol.

Can some one shead some light on it. It is really worrying me now that if they did not made expediated request I am back to same level.

I have 2 more weeks to go for end of extension what should I schedule with US attorney another extension or pleading? He is ready for anything I am not sure what is good option if name expediate was not done then I do not see reason for waiting.

I am really confused with all this mess now
Click to expand...
 
Infopass won't help. My US. Attorney told me that mine was expedited, but I did an info pass, they do not know.

wenlock said:
How to verify that name check was expediated? I checked with Congressional inquiry it is just telling me the original name check request date that is for sure more then 18 months old. It is not telling me that there was any new request sent to FBI.

My US attorney confirmed that he expediated and also mentioned in the extension of time motion. I am not sure who to trust US attorney or congressional inquiry. Any one knows that second expediated request shows up as second request from USCIS or not.

I am not sure what is the protocol for sending expediated request from USCIS same as normal request or different protocol.

Can some one shead some light on it. It is really worrying me now that if they did not made expediated request I am back to same level.

I have 2 more weeks to go for end of extension what should I schedule with US attorney another extension or pleading? He is ready for anything I am not sure what is good option if name expediate was not done then I do not see reason for waiting.

I am really confused with all this mess now
Click to expand...
 
wenlock said:
How to verify that name check was expediated?
...
I am really confused with all this mess now
Click to expand...

Wenlock,

my AUSA told me at the end of December that she cannot ask for expediated name check, since after 21 december it is over. Then when I had an initial hearing on Feb 8, she told me in the elevator, that my NC was expediated.
But on Feb 10 I received their motion to dissmiss my case and it was a testimony from some oficial from INS (check my previous posts), that said that 2 inquiries were made, but regular ones. AND (interesting part), he also mentioned that no more expediated NC, since rules changed on Dec 21... So this is what I will try to use in my oposition. If rules were changed on Dec 21, and my second request was made on Nov 1 and one of the criterias for the expedition was WOM in court, why I was discriminated and it did not happen to my NC request.

Anyway, it is funny, but now I am stuck with second NC, since it is already 114 days as my name again is not cleared. I have no explanation for all this crap, since I have no criminal records, nothing bad at all, except of one speeding ticket that after attending driving school was not recorded as a point. And actually I also once was invited for jury duty - I believe if I would have something bad on my file, they would not invite me...
 
yvesliu said:
Infopass won't help. My US. Attorney told me that mine was expedited, but I did an info pass, they do not know.
Click to expand...

I had 3 infopass appointments and they NEVER told me the exact day when they requested NC. I get this info from the senator.
 
ponaetis said:
I filed a lawsuit against USCIS and others the 60 day deadline expires tomorrow.

What should I do do?

Thanks

Anna
Click to expand...

Be patient. You will receive something from AUSA on the 60th day.
 
sakun said:
YiYi05,

I don’t think filing pro se will hurt your case at all. I think the main problem in Houston is some of the judges just remand it back to USCIS without looking at the specifics of the case.

There was another person who posted on this board who filed pro se in Houston after my case and his went to a different judge. The judge ruled in his favor and his name check was completed in a few weeks.

Here is a link to his posting ( username – milena)

http://boards.immigrationportal.com/member.php?find=lastposter&t=227261

If you still need help with the pacer log in or any other issue please let me know.

Sakun
Click to expand...
To be more precise, milena's name check was cleared and her case was adjudicated before the court had to do anything. The case was dismissed with a joint stipulation.
 
ponaetis said:
I filed a lawsuit against USCIS and others the 60 day deadline expires tomorrow.

What should I do do?

Thanks

Anna
Click to expand...

Haven’t you spoken to AUSA yet, what s/he is saying? You will see something in either pacer or by mail very soon. Sometimes the way we are calculating 60 days and AUSA calculating won’t match.
 
kefira said:
Wenlock,

my AUSA told me at the end of December that she cannot ask for expediated name check, since after 21 december it is over. Then when I had an initial hearing on Feb 8, she told me in the elevator, that my NC was expediated.
But on Feb 10 I received their motion to dissmiss my case and it was a testimony from some oficial from INS (check my previous posts), that said that 2 inquiries were made, but regular ones. AND (interesting part), he also mentioned that no more expediated NC, since rules changed on Dec 21... So this is what I will try to use in my oposition. If rules were changed on Dec 21, and my second request was made on Nov 1 and one of the criterias for the expedition was WOM in court, why I was discriminated and it did not happen to my NC request.

Anyway, it is funny, but now I am stuck with second NC, since it is already 114 days as my name again is not cleared. I have no explanation for all this crap, since I have no criminal records, nothing bad at all, except of one speeding ticket that after attending driving school was not recorded as a point. And actually I also once was invited for jury duty - I believe if I would have something bad on my file, they would not invite me...
Click to expand...

Interesting if you are not citizen yet how come you were invited for jury duty. only citizens are allowed to be called for jury duty. Are you sure you never mistakenly registered for voting in this country because that is not allowed for non citizens. I know some people applications got denied due to mistakenly registering for voting.
 
Re:Sovereign Immunity

Hi Paz and Wenlock and others!

I posted some questions earlier and was waiting for your input. I had one more question also. The AUSA is claiming "sovereign Immunity" which in my understanding means that federal government is immune to these civil law suits. I am looking for any cases to negate that doctrine. I need your help.
Thanks
sfdurrani
sfdurrani said:
Hi Paz, Wenlock and other gurus!

I filed my I-485 WOM 11/22/2006 and AUSA served 11/29/2006. AUSA filed an answer (to which no answer was required). Now an Initial Scheduling order has been issed by Court for a pretrial conference on 3/12/2007.It also requires filing a Joint Status Report (JSR) on 3/2/07. AUSA has maild me a draft for my consideration. I am attaching this motion with current post. I have certain questions for the experts:

1-The AUSA mention REAL ID ACT, while in my WOM I only asked court to compel USCIS to adjudicate my application because of unreasonable delay. Why is he using this act?

2- I am preparing my stipulations to add to this draft for JSR. I could not find any eamples of JSR on PACER or on this forum. Does anyone know of any examples or not?

3-Do I need to state the facts or give examples of prior precedents as AUSA has done?

4-AUSA mentioned he plans to file motion to dismiss. Why he did not do that in the first place instead of filing just an answer?

5-I have seen that discovery plan is something very strongly resisted by AUSAs especially in NM. The local district court has denied requests to preclude discovery in prior cases. What should i ask in discovery plan other than my USCIs file?

Any input is really appreciated.
Click to expand...
 
sfdurrani said:
Hi Paz and Wenlock and others!

I posted some questions earlier and was waiting for your input. I had one more question also. The AUSA is claiming "sovereign Immunity" which in my understanding means that federal government is immune to these civil law suits. I am looking for any cases to negate that doctrine. I need your help.
Thanks
sfdurrani
Click to expand...
Here is a document which discusses the federal soverein immunity.
 
You must log in or register to reply here.
Top