Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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Bushmaster
Registered Users (C)
I make mention of you everywhere I GO. I wish I can only become piece of your nail under enemy fire.
Click: http://video.google.com/url?docid=5...munion&usg=AL29H22C-tSuK6bQx2BtVEm7Dp1Lsmetnw
Go to the Eastern Michigan district, enter in the case number box 2:06cv13219
The case is Ibrahim v. Chertoff
Congratulations
Congratulations on sweet victory. I had one questions about your timeline. After your response to MTD in Aug 06 why was the court decision so late? Wa sthere any mutual extension of time involved.
Thanks
sfdurrani
Hello ournyla!
Congratulations on sweet victory. I had one questions about your timeline. After your response to MTD in Aug 06 why was the court decision so late? Wa sthere any mutual extension of time involved.
Thanks
sfdurrani
hello, everyone. Help needed!
I need your generous help and advice here!
My I-485 application has been pending for about 2.5 years due to this name check issue. I did everything I could to get it done, the congressman, the first lady, and etc. But it's not working. I want to sue them now!
But I have a problem here. I sent my EAD renewal 9 months ago and it's still pending. Don't know what's going on. My current company pay no attention to this issue and I still working now. Since I plan to sue the USCIS and FBI now. Do you think the USCIS may find out this problem and deny my i-485? Do you still think I should sue them or just wait? Thank you in advance for your advice. I'm so depressed now.
I need your generous help and advice here!
My I-485 application has been pending for about 2.5 years due to this name check issue. I did everything I could to get it done, the congressman, the first lady, and etc. But it's not working. I want to sue them now!
But I have a problem here. I sent my EAD renewal 9 months ago and it's still pending. Don't know what's going on. My current company pay no attention to this issue and I still working now. Since I plan to sue the USCIS and FBI now. Do you think the USCIS may find out this problem and deny my i-485? Do you still think I should sue them or just wait? Thank you in advance for your advice. I'm so depressed now.
I need your generous help and advice here!
My I-485 application has been pending for about 2.5 years due to this name check issue. I did everything I could to get it done, the congressman, the first lady, and etc. But it's not working. I want to sue them now!
But I have a problem here. I sent my EAD renewal 9 months ago and it's still pending. Don't know what's going on. My current company pay no attention to this issue and I still working now. Since I plan to sue the USCIS and FBI now. Do you think the USCIS may find out this problem and deny my i-485? Do you still think I should sue them or just wait? Thank you in advance for your advice. I'm so depressed now.
I will be careful with that. remember when you file suit they will check all your background and current situation if you are working without authorization that is clear violation and I am sure they will use it against you if they figured it out. Check with Good Attorney about this but me suggestion is if you have some thing in your back ground that comes back and haunt you stay away from law suit.
needsolution
Registered Users (C)
Yes it was Video tapped by a Sony camera (DVD one)
Question:
When you received your interview notice in the mail for this interview, did the interview notice inform you that they were going to videotape this interview?
Question:
When did you receive your interview notice and when was the interview appointment date? How many days in advance of your interview appointment date, did they actually send you your interview notice?
How to make an argument for imposing time limits?
Dear Paz and other generous contributors to this forum:
I'm preparing a letter opposing a motion made by the Assistant US Attorney (AUSA) to dismiss my case (filed based on 1447(b)). I find the hardest part of the argument is to convince the court, in the case of remand, to impose a clear time limit for the FBI to complete its name check. There are many cases (cited by the AUSA in his motion), in which the district court denies the motion for dismissal, but grants the motion to remand the case to CIS for "a prompt resolution of this matter upon receipt of the results of the FBI’s criminal background check" (see El-Daour v. Chertoff et al.; Essa v. USCIS, 0:05-cv-01449-DSD-JJG (Minn., 2005); Eisa v. USCIS, 05-773 RHK/AJB (D. Minn., January 31, 2006)). This is hardly a victory for the plaintiff since it imposes no practical time limit for the FBI to complete the name check. Further, my AUSA cites Shalabi v. Gonzales, 2006 WL 3032413, *5 (E.D. Mo., October 23, 2006) and notes that "there is no statute or regulation which imposes a deadline for the FBI to complete a criminal background check."
I am aware of several real victories for the plaintiffs, including some of those posted by Paz earlier this month and some others I listed in a message yesterday.
It is clear that imposing no time limit for FBI renders remanding the case to CIS for "a prompt resolution" meaningless. But the question is how to make a convincing argument that the court can and should impose a time limit for both the FBI and the CIS?
Any advice will be appreciated. I need to send the opposition letter to the court by Thursday. So I'm in a little hurry. Please help!
Z.
Dear Paz and other generous contributors to this forum:
I'm preparing a letter opposing a motion made by the Assistant US Attorney (AUSA) to dismiss my case (filed based on 1447(b)). I find the hardest part of the argument is to convince the court, in the case of remand, to impose a clear time limit for the FBI to complete its name check. There are many cases (cited by the AUSA in his motion), in which the district court denies the motion for dismissal, but grants the motion to remand the case to CIS for "a prompt resolution of this matter upon receipt of the results of the FBI’s criminal background check" (see El-Daour v. Chertoff et al.; Essa v. USCIS, 0:05-cv-01449-DSD-JJG (Minn., 2005); Eisa v. USCIS, 05-773 RHK/AJB (D. Minn., January 31, 2006)). This is hardly a victory for the plaintiff since it imposes no practical time limit for the FBI to complete the name check. Further, my AUSA cites Shalabi v. Gonzales, 2006 WL 3032413, *5 (E.D. Mo., October 23, 2006) and notes that "there is no statute or regulation which imposes a deadline for the FBI to complete a criminal background check."
I am aware of several real victories for the plaintiffs, including some of those posted by Paz earlier this month and some others I listed in a message yesterday.
It is clear that imposing no time limit for FBI renders remanding the case to CIS for "a prompt resolution" meaningless. But the question is how to make a convincing argument that the court can and should impose a time limit for both the FBI and the CIS?
Any advice will be appreciated. I need to send the opposition letter to the court by Thursday. So I'm in a little hurry. Please help!
Z.
At the end of Jan. or beginning of Febr. I posted my draft opposition, which has a full chapter about this.
I need your generous help and advice here!
My I-485 application has been pending for about 2.5 years due to this name check issue. I did everything I could to get it done, the congressman, the first lady, and etc. But it's not working. I want to sue them now!
But I have a problem here. I sent my EAD renewal 9 months ago and it's still pending. Don't know what's going on. My current company pay no attention to this issue and I still working now. Since I plan to sue the USCIS and FBI now. Do you think the USCIS may find out this problem and deny my i-485? Do you still think I should sue them or just wait? Thank you in advance for your advice. I'm so depressed now.
I do not understand why r u waiting for 9 month and did not do anything about your EAD card. It is purely your responsibility to have it valid. If you check INS website (at least San Francisco office), then it says that if you did not receive your renewed EAD card 90 days after the submition (or your expiration day of the current one), then you go directly to INS and they will issue u on the spot a new one.
This is what happened to me, I was waiting for 90 days, nothing came, on the day 88, I made an appointment through InfoPass and put the reason of my appointment expired EAD card. I received my new one 1 day later, exactly on the 90th day.
Saarlaender
Registered Users (C)
Quick Court System
ORDER: Defendants' Second Unopposed Motion for an Extension of Time to Respond to Plaintiff's Complaint for Writ of Mandamus [9] is GRANTED and Defendants shall have up to and including April 16, 2007, to do so. Signed by Judge Howard T. S. on 2/20/2007. (LU)
Now how do I become the prevailing party? Evidently, I have a pretty sympahetic AUSA and judge....
Best
D.
This is unbelievable. After having to deal with the evidentlly slower pace of the DHS and FBI I found this on the pacer this morning. The AUSA filed his unopposed motion on Friday, 02/16/07.
ORDER: Defendants' Second Unopposed Motion for an Extension of Time to Respond to Plaintiff's Complaint for Writ of Mandamus [9] is GRANTED and Defendants shall have up to and including April 16, 2007, to do so. Signed by Judge Howard T. S. on 2/20/2007. (LU)
Now how do I become the prevailing party? Evidently, I have a pretty sympahetic AUSA and judge....
Best
D.
Please see post #8477. It took me 2 minutes to find it.
Yes it was clearly stated in notice it would be video taped. I had almost 3 weeks for interview. Yes it was send to me that I am scheduled for an interview.
I guess this all happend due to the lawsuit I filed and than even though this February it was 3 years after I passed my first interview Judge ordered CIS to resolve this case 120 days from January 2007 but she should have issued an order to start 120 days from November 2006 when my back ground came clear.
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Fingure prints 3rd time
New update in my case that today I recieved a letter to get fingure printed again since this is the 3rd time fingure prints have expired in over 3 years. CIS does not stop to amaz me.
In my humble opinion CIS does not like USA. If they truely did love this great country they would move faster so they can catch bad people faster and make well deserving US citizens faster like myself and the memebers of this blog.
New update in my case that today I recieved a letter to get fingure printed again since this is the 3rd time fingure prints have expired in over 3 years. CIS does not stop to amaz me
. In my humble opinion CIS does not like USA. If they truely did love this great country they would move faster so they can catch bad people faster and make well deserving US citizens faster like myself and the memebers of this blog.
Act on your EAD
I agree with Wenlock, that it's not a good idea to sue the government when you violated the immigration law. It is defininetely can be used against you. In addition, it potentially will create problems for your employer (who provides a job for you w/o EAD).
As Kefira stated by earlier, I also saw on the InfoPass web-site and in documents I received from USCIS, that if you applied for EAD and have not heard from USCIS within 90 days, you must make an appointment through Infopass and bring this matter to the Immigration Officer. The problem should be fixed.
I agree with Wenlock, that it's not a good idea to sue the government when you violated the immigration law. It is defininetely can be used against you. In addition, it potentially will create problems for your employer (who provides a job for you w/o EAD).
As Kefira stated by earlier, I also saw on the InfoPass web-site and in documents I received from USCIS, that if you applied for EAD and have not heard from USCIS within 90 days, you must make an appointment through Infopass and bring this matter to the Immigration Officer. The problem should be fixed.
I need your generous help and advice here!
My I-485 application has been pending for about 2.5 years due to this name check issue. I did everything I could to get it done, the congressman, the first lady, and etc. But it's not working. I want to sue them now!
But I have a problem here. I sent my EAD renewal 9 months ago and it's still pending. Don't know what's going on. My current company pay no attention to this issue and I still working now. Since I plan to sue the USCIS and FBI now. Do you think the USCIS may find out this problem and deny my i-485? Do you still think I should sue them or just wait? Thank you in advance for your advice. I'm so depressed now.
Hi Team,
Recently I submitted my proof of service to the court in Michigan. In the pacer it is not telling me when the answer is due. I found in pacer that in some cases it show when the answer is due and in some cases not.
Also, it is showing a date 12/5/07, do not make any sense, looks to me entry error?
Any comments
Thank you.
Return of Service of 1 Petition executed on 12/5/07 as to Carol A. Jenifer. (CGre) (Entered: 02/20/2007) 02/16/2007
Recently I submitted my proof of service to the court in Michigan. In the pacer it is not telling me when the answer is due. I found in pacer that in some cases it show when the answer is due and in some cases not.
Also, it is showing a date 12/5/07, do not make any sense, looks to me entry error?
Any comments
Thank you.
Return of Service of 1 Petition executed on 12/5/07 as to Carol A. Jenifer. (CGre) (Entered: 02/20/2007) 02/16/2007