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

[DUDE12190]

Address

Hello Everyone! I just have a quick question. will apperciate if anyone answers.
1)The Director Gonzalez and the sectory of state addresses, are they same??

Office of the General Counsel
US Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington DC 20528

2)Is this zip code correct. I am seeing another Zip code online 20529, which one is correct? Plaese reply! regards, dude

 

[Mr LA]

how do you use the pacer, i am trying to find my case, and other cases to learn how to fight for my case, can anyone upgrade my skills. and send my instruction on how to search. --- please do not laugh!!-- not everyone is like you. some of us we are dam.--give me a chance i am learning. soon i will catch up with you!

Hello

1- Go here to register with pacer: http://pacer.psc.uscourts.gov/
2- Go here http://pacer.psc.uscourts.gov/ and click on U.S party Case Index, Click on Login.
3- After you login and you put your password, it will take you to PACER SERVICE CENTER.
4- You will be clicking on Search then Civil.
5- You will be in Civil Search window now.
6- In the of the window you will see Region, under that Case Filed date [ you can go back to 1980]
7- In party name you should put (Chertoff), leave the case Number empty
8- In Nature of Suit (NOS) put (890).

I wish this is can help, my advice to you to be careful with the search, or your bill it will be high, I have learned my listen.

I wish you the best to you and everyone here.

 

[786riz]

PACER Help

how do you use the pacer, i am trying to find my case, and other cases to learn how to fight for my case, can anyone upgrade my skills. and send my instruction on how to search. --- please do not laugh!!-- not everyone is like you. some of us we are dam.--give me a chance i am learning. soon i will catch up with you!

Hi nifty97,
Attached link will take you to site for different district courts,

To search something in all courts

https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00idx


To search in a specific court (advantage, may search for specific attorney or judge)

http://pacer.psc.uscourts.gov/psco/cgi-bin/links.pl#DCCTS


Register using credit card, get the password by email. Viewing each page cost $.08. Use it wisely if not end up with big bills to pay, my first bill was about for $300.
How to search, either by case number or date the case was filed / last entry with Nature of law suit (1447b cases comes under 890) and finally by last name either plaintiff, defendant, judge or attorney.
Search result will be several different cases, select the one you want it. It will take you to Query. Click the docket report. This page will tell you all about the case and all the filings.
Let us know if still having issues with pacer.

Good luck

 

[786riz]

Hello Everyone! I just have a quick question. will apperciate if anyone answers.
1)The Director Gonzalez and the sectory of state addresses, are they same??

Office of the General Counsel
US Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington DC 20528

2)Is this zip code correct. I am seeing another Zip code online 20529, which one is correct? Plaese reply! regards, dude

Hey Dude,
That is what I used, so far got the green card back too

Michael Chertoff, Secretary DHS
Office of the General Counsel
US Department of Homeland Security
Washington, D.C. 20528

Emilio T. Gonzalez,
Director of USCIS
Office of the General Counsel
20 Massachusetts Ave, NW, Rm 4025
Washington, DC 20528

Thank you.

 

[Saarlaender]

Process after the Name Check has been completed?

That is the conclusion many of us have arrived at. I personally know 3 people stuck in this dreaded namecheck for 4+ years after the interview. For 2 of them it really is a serious problem as they can not take the jobs of their dream because of clearance requirements – stuck forever in the positions for which they are overqualified with no chance of any career growth.

Well, “Mr.” in the FOIPA reply should probably be mentioned in the Complaint as it would help demonstrating to the judge how sloppy the FBI really is. Error like this could be the whole reason for triggering a false positive in the namecheck.

Best of luck,
snorlax

Dear Snorlax and other members,

what I am wondering are future obstacles once the Name Check makes it out of the FBI administration. Is it normal that the USCIS in DC reviews the "background check" and then refers it to the District Office for adjudication? That sounds long and time consuming. My AUSA (I filed a 1447b WoM) just provided me with that info (see below) . I start to feel like a perpetrator (one arrest for a DUI which was nolled in court) or is this standing operation procedure???

"I spoke with Mr. K. of USCIS in J. on Friday, and he has
advised that your background check was released by the FBI to the USCIS
Washington DC office for review. Once they have completed their review,
the background check will be forwarded to the J. Office via
registered/certified mail for adjudication.

RR
AUSA"

 

[DUDE12190]

Using Pacer

Hi nifty97,
Attached link will take you to site for different district courts,

To search something in all courts

https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00idx


To search in a specific court (advantage, may search for specific attorney or judge)

http://pacer.psc.uscourts.gov/psco/cgi-bin/links.pl#DCCTS


Register using credit card, get the password by email. Viewing each page cost $.08. Use it wisely if not end up with big bills to pay, my first bill was about for $300.
How to search, either by case number or date the case was filed / last entry with Nature of law suit (1447b cases comes under 890) and finally by last name either plaintiff, defendant, judge or attorney.
Search result will be several different cases, select the one you want it. It will take you to Query. Click the docket report. This page will tell you all about the case and all the filings.
Let us know if still having issues with pacer.

Good luck

After you get your login id and password, use this site. This is best. When you want to check your case or any other specific case, it will bring you to the pacer's login page. Good luck. regards dude
http://dockets.justia.com/

 

[ncblackhole]

After you get your login id and password, use this site. This is best. When you want to check your case or any other specific case, it will bring you to the pacer's login page. Good luck. regards dude
http://dockets.justia.com/

What do you use for WOM cases which are I-485 and not 1447b... is it still 890 or something else?

One more question - if the search result is 50 pages, you are paying 0.08 times 50 or only 8 cents per serach.. coz I am guessing you can only see one page at a time.. right??

Thanks

 

[ncblackhole]

Yes, of course we should all of us send support letters to Senator Obama and our local senator(s) as soon as possible.

time is running out.. we must send letters in next 4-5 days..

 

[DUDE12190]

WOM cases

What do you use for WOM cases which are I-485 and not 1447b... is it still 890 or something else?

One more question - if the search result is 50 pages, you are paying 0.08 times 50 or only 8 cents per serach.. coz I am guessing you can only see one page at a time.. right??

Thanks

Use 540 for WOM cases. Before you will open any PDF or Word file in the PACER, it will ALWAYS give you the #of pages and the total cost. So, you can review it and then open it. It is good idea to save all files that you open because if you open a file and then close it, and then, if you have to check that file again in the future, you will have to pay again. I hope this info is helpful. good luck, regards, dude

 

[786riz]

What do you use for WOM cases which are I-485 and not 1447b... is it still 890 or something else?

One more question - if the search result is 50 pages, you are paying 0.08 times 50 or only 8 cents per serach.. coz I am guessing you can only see one page at a time.. right??

Thanks

Hi ncblackhole,
You have to be very specific on your searches, if the outcome of your search is 1000 cases and they are 100 pages, then you are paying 100 times 0.08. So, just be very careful.
Thank you.

 

[ncblackhole]

Hi ncblackhole,
You have to be very specific on your searches, if the outcome of your search is 1000 cases and they are 100 pages, then you are paying 100 times 0.08. So, just be very careful.
Thank you.

Sorry to bother again.. one last thing..

I wanted to see a case 2:2007cv00837 and I searched it, see attached file of what I got.. it does not show the whole case. Meaning the pdf files which people have posted on this forum.

I want to see what this case is fully with exhibits then how do I do that. How can i download it..

It was files march 1, 2007.. does it take a long time to upload the case in PACER??

This person is in Philadelphia and has a WOM and I want to see his case as presented by his attorney.. is it possible?


Please advise

 

[786riz]

Sorry to bother again.. one last thing..

I wanted to see a case 2:2007cv00837 and I searched it, see attached file of what I got.. it does not show the whole case. Meaning the pdf files which people have posted on this forum.

I want to see what this case is fully with exhibits then how do I do that. How can i download it..

It was files march 1, 2007.. does it take a long time to upload the case in PACER??

This person is in Philadelphia and has a WOM and I want to see his case as presented by his attorney.. is it possible?
Please advise

Hi There,
Looks to me what happened on query page, you click the case summary link. You need to click "docket report" this page will leads to all the filings.
My case showed up on pacer in just one day but it is goes by district but one week I think is the most. If you want to see your case docket, see the DUDE post, he motioned a link.
Thank you

 

[springbranch]

Let's send the supports letter, but how?

Yes, of course we should all of us send support letters to Senator Obama and our local senator(s) as soon as possible.

Can anybody give us the details on how to send support letters to Senator Obama? His website, sample support letter, address, what kind of mailing method to be used etc. Any help greatly appreciated.

 

[missingpa]

Case transferred in a different center after filing WoM

Hi MMZ,

Anything new regarding your situation? Which district court is your case in? I have a similar situation: I filed my WoM case against DHS, USCIS, VSC and FBI on 1/26/07 and my case was transferred to TSC on 3/7/07!! Today I just received another automated message saying my case is pending at TSC.

I have another complication to my situation, that is my court is not answering any phone calls!! I tried calling the civil intake unit and the court clerk of the judge assigned to my case, and there was no answer. I tried emailing the court clerk and there was no response either.

Can you share your experience?

Thank DUDE12190 for your reply. I called the court today but they are not very helpful. Just told me I can amend the complaint if I want, and if I don't notify the court about the change, certainly the defendant will.
I think I will keep the Vermont center director, but not sure about adding Texas center director, since my 485 is just transfered there, I can't say it's been delayed in Texas.
Although my case is no longer in Vermont, but since I included USCIS director as defendant, would that be enough?
Any insight from the other gurus, PAZ, Wenlock...? Thanks!

 

[swimfitness]

Updates on WOM filed 12/06

Hi Folks:

After an extension of 30 days requested on 2/6, AUSA filed a "Response" to my WOM lawsuit on March 8th. He was kind to send me a copy via e-mail.

Although the AUSA did not file for MTD, he asked the judge in his "Response" under the "Prayer" paragraph to dismiss my case.

I guess that's standard!

I learned from this forum that I do NOT need to file a response to the AUSA response.

My questions to you:

- Do I need to file a response to his Response, given the MTD in his Prayer?
- What is next for my case?
- What happens in the ADR process? Do I have to do anything for ADR?

Thank you all,

Stay the course.

 

[snorlax]

Dear Snorlax and other members,

what I am wondering are future obstacles once the Name Check makes it out of the FBI administration. Is it normal that the USCIS in DC reviews the "background check" and then refers it to the District Office for adjudication? That sounds long and time consuming. My AUSA (I filed a 1447b WoM) just provided me with that info (see below) . I start to feel like a perpetrator (one arrest for a DUI which was nolled in court) or is this standing operation procedure???

"I spoke with Mr. K. of USCIS in J. on Friday, and he has
advised that your background check was released by the FBI to the USCIS
Washington DC office for review. Once they have completed their review,
the background check will be forwarded to the J. Office via
registered/certified mail for adjudication.

RR
AUSA"

Congratulations, you have cleared the most difficult part! Hopefully senior members of this forum can better comment, but I do not think there is anything substantial to worry about. To the best of my knowledge – all this sounds quite normal.

If you are anxious to know what is happening to your case - since it is in USCIS hands now - you can track progress through INFOPASS appointments, but I do not think it is worth your time doing it.

Best of luck,
snorlax

 

[missingpa]

How long before PACER shows defendants have been served

All,

Sorry about this rudimentary question, but in your case how long did it take before PACER shows that the defendants have been served after you sent the proof of service to the court (I am in Central District of CA). In my case, as I posted previously I mistakenly mailed only one copy of the paper work to the court, whereas our local rules state that an extra copy should be provided for the judge. Thus I received a Notice of Document Descrepancies about a week after I sent the stuff in. Problem is it's been over 2 weeks after the NDD but PACER still doesnt show the proof of service as filed and defendants as served. How long was your average wait? Would you resend everything with the correct number of copies if you were in my situation?

I am indebted to your input!!

 

[paz1960]

Hi Folks:

After an extension of 30 days requested on 2/6, AUSA filed a "Response" to my WOM lawsuit on March 8th. He was kind to send me a copy via e-mail.

Although the AUSA did not file for MTD, he asked the judge in his "Response" under the "Prayer" paragraph to dismiss my case.

I guess that's standard!

I learned from this forum that I do NOT need to file a response to the AUSA response.

My questions to you:

- Do I need to file a response to his Response, given the MTD in his Prayer?
- What is next for my case?
- What happens in the ADR process? Do I have to do anything for ADR?

Thank you all,

Stay the course.

Please do not make confusions. If the AUSA filed a Response (or sometimes is called Answer), although he put in his Prayer that your complaint should be dismissed, this doesn't constitute a motion. So using MTD (motion to dismiss) is inappropriate term in this case. A motion has its own rules and is asking something to do from the court. If a motion is filed, the defendant doesn't have to answer your complaint till the court decides the motion. The motion to dismiss can (and should) be opposed by the non-moving party. You can't oppose an Answer. Here is a citation from the N.Cal. district Pro Se handbook (I posted probably at least 5 times already)

"Once the answer is filed, does the plaintiff have to file a response to it?
There is no such thing under the Federal Rules of Civil Procedure as a “Response to an Answer.” Even if you strongly disagree with the statements in the answer, there is no need to file a response. Under Rule 8(d) of the Federal Rules of Civil Procedure, all statements in an answer are automatically denied by the other parties to the lawsuit."

Next in your case can be a conference between you AUSA and possibly the judge. This is not necessarily is the trial (or hearing), this can be an ADR or an Initial Case Management conference or something similar. Ultimately all of this doesn't matter, because there is no chance that your case would be solved at this level (except if the name check is finished and your application adjudicated, but that is independent from the ADR, ICM or whatever is called).

Ultimately either the judge will order a hearing where both parties can present their side of the story or one of the parties will file a motion. This can be a motion to dismiss filed by the AUSA or a motion for summary judgement, filed by you. If the motion filing happens before the hearing, the judge will rule first on the motion, either only based on the documents filed or based on a hearing. Usually, these cases will end at this stage, so they will not advance to the discovery phase and to a real trial. Everybody's interest is to end the case without going too much down on the litigation process.

You can read about ADR at http://www.adr.cand.uscourts.gov/adr/welcome.nsf/docs

 

[Ninyte]

I feel like I am in some bad Karma or something...
I filed 1447(b) Pro Se on March 2, 2007... That day clerk said they are too busy to issue summons and I should be getting them in the mail next week... Now, I checked my case on PACER... It seems they assigned one judge, then reassingned a different one... Not sure what's that supposed to mean... I called them today about the summons... The clerk said that they didn't get an order to issue summons yet...
What order? Who gives that order?
the clerk was so not friendly... I saw other cases filed later than mine and summons issued the same or next day... It seems like I'm stuck even in this process...

 

[missingpa]

Central District of CA

wahtsnamecheck,

I believe you need to mail two extra copies of complaint + summons + judge assignment notice to the US Attorney's office in the Central District of CA and the Attorney General in Washington, DC, according to Federal Rules of Civil Procedures 4(i)(1)(A) and (B) quoted below

(i) Serving the United States, Its Agencies, Corporations, Officers, or Employees.
(1) Service upon the United States shall be effected

(A) by delivering a copy of the summons and of the complaint to the United States attorney for the district in which the action is brought or to an assistant United States attorney or clerical employee designated by the United States attorney in a writing filed with the clerk of the court or by sending a copy of the summons and of the complaint by registered or certified mail addressed to the civil process clerk at the office of the United States attorney and

(B) by also sending a copy of the summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District of Columbia, and

(C) in any action attacking the validity of an order of an officer or agency of the United States not made a party, by also sending a copy of the summons and of the complaint by registered or certified mail to the officer or agency.

In the mean time, did the clerk really say PACER update will take 1-2 weeks? I mailed my certificate of service 3 weeks ago, but havent seen any updates. Admittedly I screwed up and sent in only 1 copy of everything as I did not know about the local rule that requires an extra copy for the judge.

Hi paz and other seniors of this board,

I submitted my proof of service forms today in person. Since I cannot find my case in PACER, I asked the clerk how long it takes for a case to show up in PACER, the clerk said that there are lots of cases like mine these days, so it may take one or two weeks.

Another question: Should I send my summons and complaint to both the US Attorney's office in my district as well as the US Attorney's Office in the division that my city belongs to? For example, Northern District of California has three divisions (San Francisco, Oakland and San Jose), Central District of California has three divisions (Western, Eastern and Southern divisions).

I understand that the US attorney's offices are government defendants' legal counsels, they are not defendants, but I listed the US attorney's office on my "notice of interested parties" form. I delivered the summons and complaints to both US attorney's offices in my district as well as my division. But I don't know which office the AUSA will come from. When I asked the court clerk which office will provide the AUSA to interact with me and deal with my case, whether it's the district AUSA or the AUSA in my division, the clerk said she doesn't know. Any ideas? Thanks!