I already mentioned a phone call I got from the SF ACLU rep. who collected my husband's info and said they'll be in touch in about a month about decla-n to court to be included into the class action (-at least that's my take on what she meant).
After sharing thoughts through private e-mails with a couple of CA members I wanted to address all of you:
Has anyone thought of the implications these class actions may bring to the situation?
Both CA law suits state in the Prayer for Relief:
4. Order defendants to properly adjudicate, in a time period not to exceed 90 days, the currently pending applications for naturalization of all members of the proposed class, other than the named Plaintiffs;
5. Order Defendants to adjudicate, within 120 days of the date of the naturalization examination, all applications for naturalization that shall be submitted in the future by members of the proposed class, as required by governing law;
6. Order Defendants to conduct all "name checks" within 90 days of the submission of naturalization applications by members of the proposed class, in the event that Defendants have implemented or shall implement a new practice or policy of conducting "name checks" prior to the naturalization examination; (-excerpts from LA class action filed Aug./06)
The request to speed up is really impossible to implement given the current state of affairs in FBI and CIS. Together with the recent SF Class action prayer to implement a procedure for "identifying unreasonably delayed applications" (while the existing name checks stockpiled) they may backfire, causing Congress to implement an amendment to lift ANY time limits on "security-warranted" clearances of applicants. In alternative, the government can issue an order allowing CIS & FBI to take much longer, or indefinite time on all pending name checks while enforcing the newer policy of not conducting exams without completed name checks (which again, without total reorganization of the process, would take years to wait).
That's what I think may happen. Paz and other seniors, have you seen any outcome from the earlier Class actions, (I remember there was one in Chicago), or do you have any thoughts on this issue?
The other, seemingly illogical thing is, the ACLU lady mentioned declaration to court as a next step for us while according to their prayer, we should be automatically included in the proposed class (-after I voiced the hope to be included, instead of asking the right question: "how they expect their action to progress?")
The other question I didn't see addresed here is: how legal or permitted is it to plagiarize other's petitions/motions, has anyone asked any attorney a permission to use his/er texts?
Meanwhile I am going to prepare my petionion, heavily "relying" on the available 1447-s filedand at the same time waiting for the answer from ACLU. But I will try to file in a month, before April.
Good luck to everyone,
Shvili
I certainly share your concerns and would like to join you in your hope to see some comments from the seniors.
My understanding is that judicial system is meant to be public by definition and therefore all the court documents are automatically in the “public domain” (meant to be fully disclosed and open to public for reading and using). I do not see any issues “plagiarizing” other people texts as the law should be universally applicable to all and all lawsuits should look alike. Also if one cites other people’s cases – proper reference to the case is always given.
What is worrisome is that there are documents floating in this forum that contain plaintiffs’ SSNs, addresses and dates of birth. That makes those plaintiffs very susceptible to identity theft, so if one posts other people documents please erase or mask this sensitive info. We all should be careful what we put into our documents when we file papers with the court. This info becomes immediately accessible to anybody and everybody through PACER.
All the best to you all!
snorlax