Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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They will probably ask for an extension. If not, wait 10 days and file motion for default judgment. Please note that if you served AUSA by mail, they have 64 days to answer
This is strange. Leave for amend almost should be granted "if justice so required". where is the justice?
Thanks you very much. Do you remember if the response you received from the FBI had any of your personal information such as A # number, date of birth, or it was just your name and address?
Hello nifty97,
I'm really sorry to read that your lawsuit was dismissed and in the same time outraged reading the judge's arguments. I would definitely encourage you to appeal this unjust ruling at the 9th Circuit Court. I think that with a well written appeal, you have a good chance to win and this would set an important precedence for all the similar cases in the future. This "interview not equal examination" nonsense should be settled once for the benefit of all the other sufferers (and of course, for you). My guess is still that USICS will adjudicate your application before the appleal reaches the 9th Circuit bench. They just don't want to create a dangerous precedence for them. So please, please, don't give up, we are all here to help each other.
DUDE is right, I posted on January 31, 2007 a draft of my opposition to a motion to dismiss or remand. I attached this document again, although this was never used in court (at least not by myself) so I don't know how effective would be in front of a judge. I believe that it was up to date when I wrote, however there were several favorable decisions since January; you will need to update the case law part. Probably other members who are still following closely these cases can help you.
Dear nifty, First,I am really sorry about what has happened, but u must not give up and file your appeal. I do not have cases specifiacclly for your district, but a Oppsotion to MTD or Remand was posted here by our great friend Paz. This Oppsotion that Paz just posted (Thank you Paz) , in my opinion, is very very important because it goes in detail that why court has jurisdiction. Especially, u are in Ninth Circut, which has total jurisdiction.
Also, I do not think that you need cases for your distrcit only because Federal law is unique in the whole country and in order to support your appeal, you can put as many cases as you want, but don't overwhelmed the judge.
I know that u are NOT going to file oppsition. You will file the appeal. But you can get great help from this document. Some of these cases may be from your district. Give this document your time because it is very long. We will help you as much as we can. Good luck to you. regards,dude
wom question
Folks please help
I am trying to file a WOM Pro Se
What is the exhibit I should use for this statement below?
"Plaintiff learned that USCIS is notorious to delay adjudicating I-485 due to a delayed FBI name check. And one of the only ways an FBI Name Check would be expedited was through a Writ of Mandamus. Attached hereto as Exhibit X."
Thanks.
Folks please help
I am trying to file a WOM Pro Se
What is the exhibit I should use for this statement below?
"Plaintiff learned that USCIS is notorious to delay adjudicating I-485 due to a delayed FBI name check. And one of the only ways an FBI Name Check would be expedited was through a Writ of Mandamus. Attached hereto as Exhibit X."
Thanks.
Thanks, Snorlax!
Believe me, I am very patient person
. What is really striked me that the letter stated, 'you are being processed for an alien registration card, which will be mailed to you within the next 18 months'. I've never heard of such a thing that after the aproval, USCIS sets 18 months period to print a card.That's not a good argument. Courts generally do not want to encourage people file lawsuits. It's better to refer to the fact that only USCIS can expedite your FBI name check and USCIS refused to do that. Thus, you exhausted your administrative remedies.
If you need a sample WOM, post your e-mail, I can send it to you.
nifty97,
Please don't despair! Because the judge can't even build a more or less reasonable argument (except citing Danilov and one other case that went with it) I totally agree with Paz, DUDE and other members- you have a great opportunity to argue this decision and overturn it once and for all in appeliate court.
Are you going to use the same attorney for your appeal? I don't know how good an argument s/he presented for you in your 1447, but our Seniors and everybody else will definitely help in any way possible.
In addition to Paz's great opposition to MTD(which alone is quite sufficient to argue) there are more precedents reposted from this forum which you can quote in your appeal.
The first is the judge arg-t against Danilov with the follow-up order to USCIS.
In Essa case judge opposes Danilov in the comment section.
The Shamsai case brings the same argument and the judge even cites Alghamdi ruling.
The last case is your district, Central CA, which relies on the Hovsepian argument and accepts jurisdiction.
View attachment 15994
Paz,
This total nutcase reasoning of a judge proved me wrong, when a few days back I posted that at least in examination=interview reason seemed to win and it is now accepted. I guess I DO tend to be too optimistic!
I know you're going to help Nifty any way you can, (alas-I'm still not able to search Pacer well enough so only can repost previously posted cases). This fight-if it goes to the appeal court-is crucial for us all.
As for my optimistic nature taking lead again, I think it is also a good news if Nifty gets it to appeal, because it looks like a pretty obvious and relatively easy victory may happen.
Opposite to you I tend to be pessimistic, and since Nifty already started to fight and unfortunately unsuccessfully and I would be in his place, I would hire immediately an attorney. Reasons: probably his initial petition was not 100% right and secondly from my observation all cases with the attorneys NEVER went so far, unless of course it was some kind weird case (FBI hit, wrong place of birth, mix up in documents, etc.) and only in this case it would be a hearing and again the Plaintiff will win. Just my 2 cents.
Fight with the federal goverment is not a joke, so everybody should be prepared very well and specially after new FBI rules came up in place.
DUDE, thanks for your link. I searched and found more cases that were assigned to my Judge. I also found that there is a referral judge. Is this referral judge the MJ you are talking about?
Yes, that is most likely a magistrate Judge that I was talking about. It's good that now, you have seen your docket. So, most of the time, this MJ will follow up your case. I hope this judge will be better than the other one. Please keep us up to date on your case. Good luck again! regards, dude.
I sure will! I am reading the old posts to get myself prepared now.
Good luck to everyone!
It would be really interesting to see Nifti's original complaint, to see if it gives any clues to this totally unreasonable decision.
If Nifti wouldn't mind posting it (removing all personal info., of course).
But since it was prepared by an attorney, I am not that sure that on this level an attorney may really help, uless it is a REALLY GOOD ATTORNEY (because on average, all the combined wisdom of this forum would beat a mediocre lawyer, IMHO).
Also, don't forget, if Nifti's case goes to an appeal court and he wins it, judges may no longer simply ignore that interview=examination argument stands. So it is very important that it goes to appeal and WINS it.
Also, I forgot to post (and can't find it now in my huge folder) BUT there is a CIS MEMO that itself CONSIDERS EXAMINATION=INTERVIEW.
NIFTI, it was posted about 7-10 pages ago. You should use it! (If I find it, I'll repost it myself or may be somebody do it).
Good luck to us all!
Lady Judge again… What is up with that? Especially in the Ninth Circuit where this is supposed to be settled by Hovsepian once and for all and she knows about it?!
Sorry to hear the news. The document prepared by paz1960 should make a very good basis for both the Appeal and Motion to Reconsider. I would probably try Motion to Reconsider first, however it is hard to come up with anything else that would be more convincing with this lady than Hovsepian…
Hopefully, USCIS and FBI have started working on your case and it just might continue rolling without further litigation...
Best wishes,
snorlax
Saarlaender
Registered Users (C)
Pending at USCIS Headquarters - are they slow?
Hi Paz and other gurus ,
I received a note form my AUSA today reading:
Dr. W:
I communicated with Mr. K. on March 28, 2007, and he advised that Headquarters has yet to forward the background check. If there had been issues raised from your name check, Headquarters would be required to resolve them before the background check is sent to the field office for adjudication. Mr. K. has been instructed to contact me as soon as there has been an adjudication on your file.
Cordially,
R.R., AUSA
Does this mean that any case with derogatory items (a DUI w/o conviction e.g) will take longer time at the USCIS Headquarters? Is this still a normal procedure or do I need to get ready for a legal battle....
Thanks so much!
Hi Paz and other gurus ,
I received a note form my AUSA today reading:
Dr. W:
I communicated with Mr. K. on March 28, 2007, and he advised that Headquarters has yet to forward the background check. If there had been issues raised from your name check, Headquarters would be required to resolve them before the background check is sent to the field office for adjudication. Mr. K. has been instructed to contact me as soon as there has been an adjudication on your file.
Cordially,
R.R., AUSA
Does this mean that any case with derogatory items (a DUI w/o conviction e.g) will take longer time at the USCIS Headquarters? Is this still a normal procedure or do I need to get ready for a legal battle....
Thanks so much!