See ibrahim vs Chertoff, Eastern Michigan District on Pacer.
Hi Paz, I just said in the prayer in my 1447(b) lawsuit that as an alternative to granting my citizenship by the court, the court should compel the defendants (USCIS and FBI) to complete the processing of and render a decision on my application IMMEDIATELY. I want to hear what AUSA has to say first. I will use your suggestion (ie., to compel FBI to finish the name check in XX days and after that to compel USCIS to adjudicate the petition in YY days) only as a means to negotiate a settlement. What do you think? Thanks for your advice.
A common problem with all three cases, in my opinion, is that FBI is not listed as defendant on any of these cases and each Plaintiff is asking the court to compel USCIS to adjudicate immediately their petition. USCIS rightfully can argue that they are not allowed to adjudicate an AOS petition till the full criminal background check is complete.
More appropriate would be to name FBI also as a defendant and ask in the Prayer to compel USCIS to expedite the name check with FBI, to compel FBI to finish the name check in XX days and after that to compel USCIS to adjudicate the petition in YY days.
In addition here are a few comments to the individual cases:
In Chaudry, Plaintiff made several mistakes.
1. He didn't mention in his original complaint 5 U.S.C. 555(b) as a basis for jurisdiction and the court was reluctant to re-write the complaitn to create proper subject matter jurisdiction. A complaint must specifically identify the basis for subject matter jurisdiction
2. The judge considered that 17 months waiting can not be considered unreasonable.
3. Plaintiff showed lack of knowledge of immigration law when he listed 1447(b) as a basis for jurisdiction. This statue has nothing to do with AOS petitions, it is clearly about stalled N-400 aplications.
4. The judge dismissed the case without prejudice, hinting that Plaintiff's claims if properly pled, may have merit if the FBI and USCIS persist in delaying adjudication.
With other words, the judge just conveyed to the Plaintiff that Pro Se is not an excuse to be not well prepared.
In Attias Plaintiff didn't bother to oppose defendants' motion to dismiss.
However, what bothers me the most is the judge's remark: "The fact that a delay has been lengthy does not necessarily mean that action has been unlawfully withheld or unreasonably delayed". I don't know how to counteract this statement. And unfortunately, what is unreasonable (and granting a mandamus relief) is completely at the discretion of the court. This is the main reason why a WOM is more difficult than a 1447(b) case.
Thank you Paz. You analyses are very helpful. I agree the Attias case is difficult to argue. I think my best shot is to say since FBI was not listed as a defendant, whatever the Court ordered are not applicable to defend FBI in my case.
I did not use 5 U.S.C. 555(b) as a basis for jurisdiction in my original complain. Do you happen to know if I can add that to my basis in my opposition? I certainly will mention 555b in the opposition, but that seems different according to the judge in Chaudry. Thank again.
Hi Mark Brown,
When your counter motion is due? Do not be panic someone in this good forum will help you in this task. My case is 1447b but here in this forum, several members just filed or preparing their counter motion based on WoM, they will help you in this. As paz mentioned in his posting that the case you attached were weak cases. I know there are a lot of very good WoM cases out there whom you can mention in your motion. I will my stash to see if I have any.
Thank you.
I still have two more weeks. Thank you for your encouragement. After reading the posts in the forum, I am not panic, but still frustrated. I will try my best to prepare the opposition, but it seems the outcome really fall into judge's hands. Nasty judges will simply using cases cited by the AUSA and dimiss my case without further consideration. Most judge now adays proper will start join conference and the journey continues. Despite I filed my WOM early Dec 2006, my AUSA was too lazy and did not expedite my name check before the 12/21 deadline. So my fate is completely left to the court. Thank you again for checking into your collection.
Hello Mercury,
Findlaw.com:
1- Go here www.findlaw.com. It’s free
2- Click on For Legal Professionals ( in the top of the page)
3- Click on cases&codes, from there just do your search…
Good luck
Thank you Paz. You analyses are very helpful. I agree the Attias case is difficult to argue. I think my best shot is to say since FBI was not listed as a defendant, whatever the Court ordered are not applicable to defend FBI in my case.
I did not use 5 U.S.C. 555(b) as a basis for jurisdiction in my original complain. Do you happen to know if I can add that to my basis in my opposition? I certainly will mention 555b in the opposition, but that seems different according to the judge in Chaudry. Thank again.
Magistrate judge order uphold by the district judge.
Thank you to lotech for providing this.
Thanks to Almighty Allah!
Let me share this good news with this forum members from whom I have learnt a lot! Today I received the CIS e-mails three each for me and my wife. Message states approval of I-485 and approval notice being sent to my address on 3/1/2007. I filed my I-485 in Oct 4,2004 and name check was initiated on Oct 9,2004 (according to the FBI response to senator). It had been pending since then due to name check. I tried everything including FOIPA, e-mails to FBI (which never yielded any response), two senators from state of New Mexico, congressman, numerous calls to USCIS, First Lady (no response), Obundsman.I kept on waiting and waiting and thought it would happen on its own. Then Allah guided me to this forum. Surprisingly I ahd been visiting this forum since early 2006 but did not know about this thread. After receiving the generic letter from FBI (through senator) on 10/28/2006 which basically told me to wait indefenitely, I decided to go ahead with WOM which I filed on 11/22/2006. Members like Gegomon, Mercury 369 , lexis, and specifically PAZ 1960 (who has been a torch bearer on this forum and has spared a lot of his precious time for this forum) helped a lot. The AUSA was served on 11/29/2006 and responded on 1/29/07 with an answer. I am currently at the stage of JSR (joint status report) which is to be filed elctronically tomorrow. My pretrial hearing is set on 3/12/07.
I contacted my AUSA yesterday (as I have done repeatedly since filing WOM) to check the status of my name check from CIS. His response was that there is no update. I am amazed at how much darkness these AUSAs are kept in by CIS. My name check must have cleared at least few weeks before the final I-485. But the AUSA response has been the same-no update, althouh he did mention that new expedited request was sent on 12/20/2006 (which is like 30days after I filed WOM).I have not shared this information with my AUSA. I plan not to dismiss my case till I have the cards or passport stamped.
Does any one know what is the step or time period after I-485 approval and actual green cards? I would be more than happy to answer any questions about my case.
Thanks again. Best of luck to everyone.
Thanks to Almighty Allah!
Let me share this good news with this forum members from whom I have learnt a lot! Today I received the CIS e-mails three each for me and my wife. Message states approval of I-485 and approval notice being sent to my address on 3/1/2007. I filed my I-485 in Oct 4,2004 and name check was initiated on Oct 9,2004 (according to the FBI
Thanks to Almighty Allah!
Let me share this good news with this forum members from whom I have learnt a lot! Today I received the CIS e-mails three each for me and my wife. Message states approval of I-485 and approval notice being sent to my address on 3/1/2007. I filed my I-485 in Oct 4,2004 and name check was initiated on Oct 9,2004 (according to the FBI response to senator). It had been pending since then due to name check. I tried everything including FOIPA, e-mails to FBI (which never yielded any response), two senators from state of New Mexico, congressman, numerous calls to USCIS, First Lady (no response), Obundsman.I kept on waiting and waiting and thought it would happen on its own. Then Allah guided me to this forum. Surprisingly I ahd been visiting this forum since early 2006 but did not know about this thread. After receiving the generic letter from FBI (through senator) on 10/28/2006 which basically told me to wait indefenitely, I decided to go ahead with WOM which I filed on 11/22/2006. Members like Gegomon, Mercury 369 , lexis, and specifically PAZ 1960 (who has been a torch bearer on this forum and has spared a lot of his precious time for this forum) helped a lot. The AUSA was served on 11/29/2006 and responded on 1/29/07 with an answer. I am currently at the stage of JSR (joint status report) which is to be filed elctronically tomorrow. My pretrial hearing is set on 3/12/07.
I contacted my AUSA yesterday (as I have done repeatedly since filing WOM) to check the status of my name check from CIS. His response was that there is no update. I am amazed at how much darkness these AUSAs are kept in by CIS. My name check must have cleared at least few weeks before the final I-485. But the AUSA response has been the same-no update, althouh he did mention that new expedited request was sent on 12/20/2006 (which is like 30days after I filed WOM).I have not shared this information with my AUSA. I plan not to dismiss my case till I have the cards or passport stamped.
Does any one know what is the step or time period after I-485 approval and actual green cards? I would be more than happy to answer any questions about my case.
Thanks again. Best of luck to everyone.
Thanks to Almighty Allah!
Let me share this good news with this forum members from whom I have learnt a lot! Today I received the CIS e-mails three each for me and my wife. Message states approval of I-485 and approval notice being sent to my address on 3/1/2007.
Thanks to Almighty Allah!
Let me share this good news with this forum members from whom I have learnt a lot! Today I received the CIS e-mails three each for me and my wife. Message states approval of I-485 and approval notice being sent to my address on 3/1/2007. I filed my I-485 in Oct 4,2004 and name check was initiated on Oct 9,2004 (according to the FBI response to senator). It had been pending since then due to name check. I tried everything including FOIPA, e-mails to FBI (which never yielded any response), two senators from state of New Mexico, congressman, numerous calls to USCIS, First Lady (no response), Obundsman.I kept on waiting and waiting and thought it would happen on its own. Then Allah guided me to this forum. Surprisingly I ahd been visiting this forum since early 2006 but did not know about this thread. After receiving the generic letter from FBI (through senator) on 10/28/2006 which basically told me to wait indefenitely, I decided to go ahead with WOM which I filed on 11/22/2006. Members like Gegomon, Mercury 369 , lexis, and specifically PAZ 1960 (who has been a torch bearer on this forum and has spared a lot of his precious time for this forum) helped a lot. The AUSA was served on 11/29/2006 and responded on 1/29/07 with an answer. I am currently at the stage of JSR (joint status report) which is to be filed elctronically tomorrow. My pretrial hearing is set on 3/12/07.
I contacted my AUSA yesterday (as I have done repeatedly since filing WOM) to check the status of my name check from CIS. His response was that there is no update. I am amazed at how much darkness these AUSAs are kept in by CIS. My name check must have cleared at least few weeks before the final I-485. But the AUSA response has been the same-no update, althouh he did mention that new expedited request was sent on 12/20/2006 (which is like 30days after I filed WOM).I have not shared this information with my AUSA. I plan not to dismiss my case till I have the cards or passport stamped.
Does any one know what is the step or time period after I-485 approval and actual green cards? I would be more than happy to answer any questions about my case.
Thanks again. Best of luck to everyone.