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

[786riz]

Just couple of quick preliminary comments (hopefully in the evening at home I will have more time to actually do some editing on the file you sent me).

Seems to me that you are still pushing for adjudication in court and only as an alternative to remand with specific instructions. I probably would go at this stage with wathsnamecheck's recommendation to ask only to add the critical sentence to compel FBI to finish the name check in 30 days, or even a weeker one would do the job: requesting USCIS to expedite with FBI the name check.

There are couple of things left from the materials you used which I believe, doesn't apply to your case. You say something that you want to contribute to the national security of this country. Never before you mentioned that you have the right qualification for this and you actually applied for such a job in the Department of Energy, where a security clearence is required (this is from my draft). Toward the end (copied from a different document) you identify yourself as a menmber of a class action lawsuit, which again, I believe that doesn't apply to you.

It is OK to use other documents, but when we copy from these, it should be a little bit more than just "copy+paste".

Hi Team,
Thank you so much for your review and comments on the file. I have already made some changes as recommended.
I will be adding Senator Obama's proposed bill as an exhibit in my motion and will be mentioning the reason behind this bill. The reason for saying "Motion for Reconsideration" because that is what written in the local rules "Motions for Rehearing or Reconsideration". I do not think there will be any remedy from senator / congress person. They already said that they can not ask for expedite name check.
Good catching the irrelevant items paz. Last night I was unable to see these mistakes. I do not like the way text is flowing. I also saw some redundancies in different paragraphs. Also, does each numbered paragraph need a title, do I need to start with "Introduction", need your expert help here. Do I need to prioritize the numbered paragraphs, like the most important paragraph need to be number 1?
Thank you so much team.

 

[Hiram]

Here is my news.... Guys please comment:

I filed WOM in Jan, today I got a letter from the Section Chief from Name Check Program Section..

" A review of the FBI's Name Check Progarm database revealed that your request was received from the USCIS on April ,2004. This submission was processed and finalized on March 8,2007. The results were forwarded to the uscis Headquarters, Washington D. C. sincerely .. Michael Cannon. Section Chief NC record managment division.


thanks

colonel
how did you contact him? by email? by mail? thanks

 

[kefira]

Thanks kefira, the AUSA told me that court mandated that ADR be scheduled, I can see that in my docket report too. I am wondering if I have any choice in opposing ADR as it is a court order. My docket says "ADR SCHEDULING ORDER: Case Management Statement due by 4/6/2007. Case Management Conference set for 4/13/2007"

Honestly I do not know the answer to this, but I remember that both parties should agree to this. My point that it will take another 1 month for INS doing nothing before finally filing MTD. Yes, I am pessimistic, but I am AOS, hopefully your case will go through different scenario.

 

[snorlax]

Hi Team,
Thank you so much for your review and comments on the file. I have already made some changes as recommended.
I will be adding Senator Obama's proposed bill as an exhibit in my motion and will be mentioning the reason behind this bill. The reason for saying "Motion for Reconsideration" because that is what written in the local rules "Motions for Rehearing or Reconsideration". I do not think there will be any remedy from senator / congress person. They already said that they can not ask for expedite name check.
Good catching the irrelevant items paz. Last night I was unable to see these mistakes. I do not like the way text is flowing. I also saw some redundancies in different paragraphs. Also, does each numbered paragraph need a title, do I need to start with "Introduction", need your expert help here. Do I need to prioritize the numbered paragraphs, like the most important paragraph need to be number 1?
Thank you so much team.

I would still recommend “motion to Amend or Alter” rather than “motion to Reconsider”. After all, the judge has explicitly said that she “granted” your prayer – what is there to reconsider? It is the particular wording of the order (“prompt”) that you want to amend with a specific timeline.

The piece you have adopted from paz1960 is great, but "palpable new facts that the court missed or was misled about that can result in different disposition" are still hard to point at. That is another reason I would stick to Amend rather than Reconsider.

Best of luck,
snorlax

 

[shvili]

Hi, with all respects, I think your write-up is long and you have a perhaps not so patient judge. If I were you, I would keep this motion to be less than 2 pages. Just simply request the judge to add "FBI shall finish name check within xx days" to the judgment. That's it.

Riz,

I agree with whatsnamecheck on shortening your motion considerably. Also, on the last page, rewrite (or better remove) the paragraph on your hardship, it loops.

Also put in the beginning in BOLD (I mean, emphasize it) why this motion's being granted will change the "disposition of the case". (See what Paz said yesterday). As you know this judge already refused to reconsider the mothion because it failed to show "defects of this case and how the amend would change the disposition of the case".

So your argument (no relief for you, $350 paid just to remind the agency to do it's job-very good point, BTW!; the court in effect changed nothing by her ruling, etc.)-all this needs to show:
1-that in fact her order has not changed disposition of the case prior to your complaint, so it in effect denied it without even hearing both sides, etc.
2-her requesting timelimit will change disposition by forcing FBI to do the nc and CIS then being able to adjudicate. Right now, her order is futile 'cause it provides no way for CIS to adjudicate as it still waits for nc. But judge has power to compel FBI to produce nc and it should use this power, in order to achieve "promt" resolution of your case.

SO: in short, numbered and named paragraphs, shorten and show: why this amend changes disposition; that only her Honor has a power now to change outcome by ordering nc expedited; that without this amend her order is useless.

And (I think) remove all the stuff you pasted from Paz, it is good for the Motion to Dismiss, you only ask for timelimit on name check, remember.

Good Luck!

 

[shvili]

Another WOM version in Word-useful points

Lotechguy, birdie, Kefira, and everybody in need:

Just found a useful (albeit too long) WOM in my folder. As I said, my legal folder stretched beyond useful size so I can't find necessary files anymore.
Advice to newcomers- when saving, create different folders by topics, don't save all into the same folder.

Here is the WOM:

 

[shvili]

Read complete advisory on ID Act great stuff!

Lotechguy, birdie, Kefira, and everybody in need:

Just found a useful (albeit too long) WOM in my folder. As I said, my legal folder stretched beyond useful size so I can't find necessary files anymore.
Advice to newcomers- when saving, create different folders by topics, don't save all into the same folder.

Here is the WOM:

Also, Lotechguy and everyone who wants to use WOM in N-400 cases: Jurisdiction question is NOT an issue in naturalization cases, see p. 2 of the document below. So courts HAVE jurisdiction because (as I understand) the naturalization involves specific instructiion to governmental agency and for all these cases jurisdicton exists. Also, naturalization (following these instructions) is a NON-DISCRETIONARY, BUT MANDATORY ACT and courts have jurisdiction.

Also, for Kefira and AOS filers in the 9th Circuit: see p. 9 (bottom) of the same doc. In our circuit jurisdiction exists for you too! Have you used it in your reply to MTD?

Finally, here's Acosta WOM text, the case quoted many times, but I don't remember decision:

 

[sksharma76]

New Devlopment in my case

Dear Paz,Wenlock and Team

Today i got a letter from FBI Section chief Name check program Michael A.Cannon stating that my letter to Mrs Bush dated Dec 14,2006 was forwarded to dept of justice and then referred to FBI for reply.
A review of the FBI name check program databases reveled that request was received from USCIS on sept 22,2005.This submission was processed and finalized on March 1,2007.The results were forwarded to the USCIS headquarters,Washington D.C.

Although it says processed and finalized and doesnt say cleared I assume this letter means my name check cleared on March 1,2007.I filed my WOM on Feb 2nd,2007.Today as i posted earlier AUSA E-mailed me asking for extension at that time i havent gotten this letter so i emailed him back aggreeing for extension.

Looks like neither AUSA or USCIS people he is in contact with knew about this Name check being already cleared or they dont give him much info.


Do all name check reluts go to Washington.And then trickle down to Local USCIS.My case is in Charlotte ?

How long usually it takes after name check clears to get your interview and Oath Ceremony.I am in expedited interview category due to being in Military and this WOM should help too ?

Should i submit this letter to court now as further exhibit.As the case is with USCIS now and FBI has done there part ?

Should i call AUSA and ask him to pressure USCIS to schedule my interview and oath ( i never had interview done).And i would then dismiss the case ?Deadline for AUSA to file something is is April 2nd

Can AUSA use this exhibit to dismiss the case as this was one of the releif asked in prayer ?

Although this sounds like good news i am so fed up with USCIS blunders that i wont beleive anything till i get the oath.

 

[ipoh]

First lady.

I sent a letter to Mrs George W. Bush back in December, the letter mention that, I dont know if this letter ( NC) is a response to the WOM or first lady help

I filed WOM Pro Se for I-485 in CT second district and I did not get MTD . The letter was sent trought USPS mail.

I have seen another person in a different thread that wrote to the first lady and got a reply from the FBI. I have done the same at the end of february, will update if the pattern turns out to be consistent.

My case on Pacer has an "answer" as the last entry. There is no attachment don't know what it is or who its from. My attorney didn't receive anything.
Any thoughts?

 

[kefira]

I have seen another person in a different thread that wrote to the first lady and got a reply from the FBI. I have done the same at the end of february, will update if the pattern turns out to be consistent.

My case on Pacer has an "answer" as the last entry. There is no attachment don't know what it is or who its from. My attorney didn't receive anything.
Any thoughts?

It looks that letter to the first lady makes the trick, since I know another person, not from this forum that his NC also was cleared in weeks after sending the letter.
Who can share this info: where to send and what to write to her?
Thanks in advance. This is the only thing that I missed in my long journey.

 

[whatha]

Oath Ceremony after waiting for Over 3 years.

Alright guys they say in this country that “every dog has his day” so my day finally came after 3 years and 2 months of unlimited calls made to unhelpful CIS staff, unlimited number of written inquiries made to CIS with no response whatsoever, unlimited number of calls made to Senators office which only revealed “wait for background check even after over 2 years. I even hired a Loser attorney Ghafoor Law Firm who did not do any thing at all. He did not even bother mentioning that I have this “Law Suit” option available to us BY LAW.
I called FBI who informed me on phone that my figure prints were sent back to CIS same week they send. They told me a procedure to follow to find out about my back ground check. Which I followed and in a week FBI send me written proof that they have nothing against me. I wrote letter to CIS Ombudsman who wrote back that they have advised CIS to write me back for once. Again I never heard any thing so I was to let Ombudsman know in 45 days if CIS does not write me back. You guessed it correct I end up writing back to Ombudsman that CIS has not responded back even after 45 days limit they gave CIS. After a week I heard back from Ombudsman in writing that CIS is still waiting on back ground check. Very hopeless dead end.
Than a very dear friend started reading this blog who was also going through same ordeal gave me an idea to file Law Suit. Just the thought of Law Suit scared me since I did not want to mess with Federal Government and I even advised him not to do so. So he only told me after filling and after getting his Oath ceremony in 90 days . I followed his directions and filed a Law Suit that per law I should have been granted or denied my citizenship 120 days after my first Interview.
After reading several successful stories in this blog I was also expecting a call from “Very Nice” US attorney that they are granting me US Citizenship. I never received an email or call from US attorney after 2 months of filling lawsuit so I called “US Attorney” who was “Very NICE” and advised me that my back ground check has been cleared in response to this lawsuit and she is sending me some papers to sign. So I was happy that I am off the hook. After two weeks I received 37 pages of “Motion to Dismiss”. I was very sad to read that crap and I was amazed that how some US Attorneys have different understanding of law and how my US attorney has nothing to do but mess with innocent people and file a lengthy motion to dismiss. After reading this blog I was able to file an appeal to motion to dismiss. After a month the “Very Nice” US attorney sent a 45 pages of “Rebuttal”. I called back US Attorney that why would they do that after I spoke with her on phone and her response was that that order came from higher up and she was forced to “Motion to Dismiss”.
End of January 2007 I received “Motion to Dismiss Denied” document from nice judge who stated that she has remanded my case back to CIS and given them 120 days from January 2007 to decide my case. She stated that she would like to make decision in my favor but she does not want to set a trend of Lawsuits coming to court since court does not have capacity for cases like these and she wants to give CIS one more chance.
After passing my Citizenship Interview back in February 2004 I received Second Interview for February 2007 which was Video taped and was done by two officers lasted 2 hours. All the questions were around me being Muslim and being from Pakistan. After interview they said we’ll call you if we need more info. After asking that my fingerprints expired for 3rd time in three years he stated just wait for fingerprints notice which I received after 3 weeks of 2nd interview. Today my wife called who was screaming with joy that she has my Oath Ceremony in her hands. It took me few minutes to fully comprehend that yes “WE DID IT”.

 

[wenlock]

Dear Paz,Wenlock and Team
.

Congratulation you have made it. I am sure oath letter will come soon considering no bad information.

 

[ipoh]

White House

It looks that letter to the first lady makes the trick, since I know another person, not from this forum that his NC also was cleared in weeks after sending the letter.
Who can share this info: where to send and what to write to her?
Thanks in advance. This is the only thing that I missed in my long journey.

Addressed the letter to "The First Lady" and the address can be found on http://www.whitehouse.gov/contact/
Mentioned the hardship we are facing due to the lengthy delays caused by the FBI name check and the CIS, requesting for her intervention in any which way she could.
Again I haven't seen any results, its only been 3 weeks since my letter.
Knock at each and every door.... at least a window will open !

 

[whatsnamecheck]

letter to the First Lady about name check delay

Addressed the letter to "The First Lady" and the address can be found on http://www.whitehouse.gov/contact/
Mentioned the hardship we are facing due to the lengthy delays caused by the FBI name check and the CIS, requesting for her intervention in any which way she could.
Again I haven't seen any results, its only been 3 weeks since my letter.
Knock at each and every door.... at least a window will open !

I wrote to her office in January, 2007 and got a standard response a month later. So far I have not seen any change of my naturalization application. I am sure her office is flooded with letters from name check delay victims. Maybe try vice president or the second lady? I gave up on writing to public officials and begging for sympathy. Citizenship is my right. I have paid my dues. The court may or may not help the plaintiffs who are the little guys, even though we all think lawsuit is the ultimate American way of solving problems and justice is blind. After all (haven't we all noticed?), the judges all work in the same building as the defendants' counsels, no exception.

 

[needsolution]

Questions to All who had been Naturalized--Please Answer!

Questions to All who had been Naturalized--Please Answer!

I have a few quetions for all those who had been through the oath ceremony. I would appreciate all answers. All my questions here refer to the oath ceremony. When you are called to oath ceremony, they ask you

AFTER your 1st interview for N400, if you have been charged with, or had traffic citations.

Question 1.
If you received several speeding tickets after your interview date, when you inform the officer at the oath ceremony, do they ask to see copies of speeding tickets and their dispositions or do they just take your word for it?

Question 2.
What would happen if someone gets a speeding ticket a few weeks before the oath ceremony and goes to court is put on deferred adjudication for 90 days. When the person informs the officers at the oath ceremony, can they still proceed with the oath even if the person is on deferred adjudication for 90 days?

Question 3.
At the oath ceremony, when you tell them how long you have been out of the country since your interview, do they require you to prove it in any way with stamps from your passport etc? If a person has been out of the country a few times for several months, and even once for 5.5 months, would they require to see proof of residency or proof of exit and entry?

 

[bsus]

Got MTD in NoCal today

Hi folks,

I filed WOM (AOS) Pro Se in Jan 2007, and just got an envelop today containing:
1. MTD (Defendants's Response to order to show cause)
2. Declaration of Gerald McMahon
3. Declaration of Michael A. Cannon

In "ARGUMENT" section of MTD, there are two arguments:
A. This court lacks subject matter jurisdiction to grant plaintiff's request for mandamus under 28 U.S.C. 1361.
B. The APA precludes this court from reviewing plaintiff's claim because it concerns action that is committed to agency discretion.

In "Conclusion" section of MTD, it reads:
For the foregoing reasons, defendants respectfully ask this court to dismiss the complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) and/or for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).

Questions:
1. How many days do I have to respond?
2. What should be the title or subject of my response?
- Response and Opposition to motion to dismiss ....?
3. How soon does the court/judge have to make decision after filing of my response?
4. Can anybody share any successful "opposition to MTD" I can use references?

My I-485 was filed in April 2004, and it's almost 3 years. I need to fight hard and win this case, I don't want to set a bad precedent.

By the way, I'm in SF bay area. Not sure how many people here have similar situation as mine, but we probably should get together to make our response more efficient and strong.

Thanks

 

[paz1960]

Also, Lotechguy and everyone who wants to use WOM in N-400 cases: Jurisdiction question is NOT an issue in naturalization cases, see p. 2 of the document below. So courts HAVE jurisdiction because (as I understand) the naturalization involves specific instructiion to governmental agency and for all these cases jurisdicton exists. Also, naturalization (following these instructions) is a NON-DISCRETIONARY, BUT MANDATORY ACT and courts have jurisdiction.

Also, for Kefira and AOS filers in the 9th Circuit: see p. 9 (bottom) of the same doc. In our circuit jurisdiction exists for you too! Have you used it in your reply to MTD?

Finally, here's Acosta WOM text, the case quoted many times, but I don't remember decision:

Unfortunately, the jurisdiction in naturalization cases is also an issue. See Danilov v. Aguirre and several other decisions which followed this line of arguments. If the judge buys the government twisted interpretation of the word "examination", which according to them includes also the name check, the court will decline jurisdiction and dismiss the case. And the Danilov case wasn't a singular one. So you can't simply affirm, that Jurisdiction question is NOT an issue in naturalization cases.

 

[liuym]

Need suggestions for WOM

Paz, Wenlock and other senoir members,
I filed WOM law suit to my district court in Chicago at the end of
January. Tomorrow is answer due date, but till now, I did not hear any
reply from AUSA. My judge did not arrange any status hearing. Nothing
happened to my case after AUSA filed appearance on Feb.5.
I really do not know what should I do next ? Could you suggest me
what should I do, or just wait ? Thank you very much for your help.
liuym

 

[paz1960]

Dear Paz,Wenlock and Team

Today i got a letter from FBI Section chief Name check program Michael A.Cannon stating that my letter to Mrs Bush dated Dec 14,2006 was forwarded to dept of justice and then referred to FBI for reply.
A review of the FBI name check program databases reveled that request was received from USCIS on sept 22,2005.This submission was processed and finalized on March 1,2007.The results were forwarded to the USCIS headquarters,Washington D.C.

Although it says processed and finalized and doesnt say cleared I assume this letter means my name check cleared on March 1,2007.I filed my WOM on Feb 2nd,2007.Today as i posted earlier AUSA E-mailed me asking for extension at that time i havent gotten this letter so i emailed him back aggreeing for extension.

Looks like neither AUSA or USCIS people he is in contact with knew about this Name check being already cleared or they dont give him much info.


Do all name check reluts go to Washington.And then trickle down to Local USCIS.My case is in Charlotte ?

How long usually it takes after name check clears to get your interview and Oath Ceremony.I am in expedited interview category due to being in Military and this WOM should help too ?

Should i submit this letter to court now as further exhibit.As the case is with USCIS now and FBI has done there part ?

Should i call AUSA and ask him to pressure USCIS to schedule my interview and oath ( i never had interview done).And i would then dismiss the case ?Deadline for AUSA to file something is is April 2nd

Can AUSA use this exhibit to dismiss the case as this was one of the releif asked in prayer ?

Although this sounds like good news i am so fed up with USCIS blunders that i wont beleive anything till i get the oath.

FBI did their part, but they don't "clear" any name check. They simply provide the results and it is the USCIS' responsability to interpret these results and decide if your name check is "cleared" or they need some additional investigation, or there is enough convincing evidence that the applicant is not eligible for the sought immigration benefit (these are the theoretically possible outcomes). As far as I know, all name check results go back to USCIS Headquarters, and in cases which are under litigation, probably the USICS Office of General Counsel gets involved.

I already had my interview long before the name check was completed, so I don't know the answer to that question. My case was approved Jan. 9 and my oath ceremony was on Jan. 31 (not without some serious 'arm twisting')

I definitely would talk to AUSA and send him/her the letter I received from FBI. Looks that the major roadblock in your case was cleared, so AUSA has now a much better leverage to pressure USCIS to complete your case (interview, adjudication and oath, if adjudication=approval).

FBI certainly can be dismissed from the case, but it is not your problem to initiate that.

You should know, that it is possible to have the interview, adjudication and oath in the same day, in urgent cases, probably with some approval from the officer in charge. This type of oath is an administartive oath, regularly these oath ceremonies are scheduled at the district courts (or in some other places, but still supervised by a federal judge).

 

[paz1960]

I have seen another person in a different thread that wrote to the first lady and got a reply from the FBI. I have done the same at the end of february, will update if the pattern turns out to be consistent.

My case on Pacer has an "answer" as the last entry. There is no attachment don't know what it is or who its from. My attorney didn't receive anything.
Any thoughts?

The Answer is the document which is required from the Defendants. In this they admit or deny paragraph-by-paragraph the allegations of the Plaintiff. AUSA has an obligation to serve the Plaintiff (or his/her counsel) with a copy of the Answer, this may be done electronically, depending on the local rules. I'm surpised that you can't access this document on PACER...