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

dxj2005 said:
I want to ask this question again, since I did not explain well yesterday.

The name check of both me and my wife are pending. I (or we) plan to file WoM for the green card application. Should I also list my wife as the Plaintiff?

If I don't list my wife as a Plaintiff, is it possible that only my name check will be cleared?

If list both names, what are the problems.

Thanks so much.
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That sounds like a personal preference, though I am no expert. If you used the same WoM for both of you guys, you can still explain why, giving details of both pending cases. If it was me, I would use separate filings, maybe that would get more attention.
 
kefira said:
It is not worthy. Untill your AUSA contacts you and ask to dismiss the case-nothing to check. Your name is still not cleared. I am in the same situation, although I filed my WOM in october. Let's be patient, since anyway we cannot change anything at this moment.
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Kefira any news on your case. Did Judge ruled on your MTD response?
 
Looking for any I485 WOM cases resolved lately

I am writing opposition to motion to dismiss for my I485 WOM case. If you know any recent I485 WOM cases that judge ruled in favor of plaintiff, and/or opposition to motion to dismiss have been posted, please let me know and I can use them. I am looking for cases in last 6 months, esp. in the last 2 months (Feb. 07~March 07).

I know somebody posted some good I485 WOM cases before, but they seem to be quite old. I will read those, but would like to find some new cases.

Thanks.
Minging
 
Hearing for Motion to Dismiss is quite late..

I have seen many cases where AUSA filed MTD, and suggested motion hearing dated 6 weeks after.

However, I got my MTD on March 26th and hearing is proposed by AUSA to be June 15th, about 12 weeks after filing of MTD (i.e. double the usual timeline I have seen).

What is going on here? Shall I press to move the hearing to an earlier date?

If USCIS is still expediting name checks, and they want to use the delayed hearing to buy some time, I'd be willing to consider giving them time. But if nothing is happening until hearing, there is no gain not to press for an earlier hearing.

Thoughts?
 
motion to dismiss a lawsuit for delayed application for U.S. citizenship

Hi fellows;

I applied for my citizenship in May 2003 and have a priority date of June 3, 2003. I was delayed for the interview till Aug. 31, 2004 and since then I've been waiting for the invitation to the oath ceremony and am being finger printed every 15 months!

I've written to whoever and wherever I could but no response. I'm constantly told that the USCIS is waiting for my background check.

I finally got fed up and filed a civil lawsuit against DHS and USCIS and FBI on 29th of Jan. 2007. Last week I received a packet from the office of the assistant to the U.S. attorney informing me that they've filed a motion to dismiss my lawsuit and requested a hearing on 25 of June 2007. I called his office and the guy was very cold and indiferent on the phone! I went to the court today and talked to the court clerk and she told me that I can file "an opposition to the motion to dismiss the case".

I'm wondering if anyone else has gone through the same experience and what he or she did and what the outcome was? Is there a sample for this "opposion to the motion to dismiss the case" that you could email me as reference? It's greatly appreciated if you could email it to me at: aamirich@yahoo.com.

Is it possible to request an earlier hearing when I file the opposition?

I'll let you guys know what happens to my case. Looking forward to hearing from you and God bless.
 
parsfalcon said:
Hi fellows;

I applied for my citizenship in May 2003 and have a priority date of June 3, 2003. I was delayed for the interview till Aug. 31, 2004 and since then I've been waiting for the invitation to the oath ceremony and am being finger printed every 15 months!

I've written to whoever and wherever I could but no response. I'm constantly told that the USCIS is waiting for my background check.

I finally got fed up and filed a civil lawsuit against DHS and USCIS and FBI on 29th of Jan. 2007. Last week I received a packet from the office of the assistant to the U.S. attorney informing me that they've filed a motion to dismiss my lawsuit and requested a hearing on 25 of June 2007. I called his office and the guy was very cold and indiferent on the phone! I went to the court today and talked to the court clerk and she told me that I can file "an opposition to the motion to dismiss the case".

I'm wondering if anyone else has gone through the same experience and what he or she did and what the outcome was? Is there a sample for this "opposion to the motion to dismiss the case" that you could email me as reference? It's greatly appreciated if you could email it to me at: aamirich@yahoo.com.

Is it possible to request an earlier hearing when I file the opposition?

I'll let you guys know what happens to my case. Looking forward to hearing from you and God bless.
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Hi parsfalcon,

You did not tell much about your case. Is it 1447b, WOM or mixed? Most certainly you have to file your opposition to MTD – leaving the decision to the judge without showing your willingness to fight is not a good idea.

Paz1960 has prepared a great draft of opposition, primarily aimed at 1447b, but with some tweaks should be very useable for WOM as well. You can find it attached to message #9992, page 667. You, of course, need to work your case information into it and probably amend it with the latest victorious cases you may be able to find through PACER.

I do not know about the early hearing – what is so advantageous about it?

All the best!
snorlax
 
Hi snorlax;

Thanks for your reply. I filed a "pro se" case at Central District of California and it's based on 8 U.S.C. 1447(b) as you mentioned. Of course, I'll fight it to the end. What are WOM and PACER? how can I find cases which were rules in favor of people like me? Please forgive me for being new to this. Your help and explanation greatly appreciated. Thanks.

parsfalcon
 
parsfalcon said:
Hi snorlax;

Thanks for your reply. I filed a "pro se" case at Central District of California and it's based on 8 U.S.C. 1447(b) as you mentioned. Of course, I'll fight it to the end. What are WOM and PACER? how can I find cases which were rules in favor of people like me? Please forgive me for being new to this. Your help and explanation greatly appreciated. Thanks.

parsfalcon
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It sounds like it would be useful if you try to read this thread from the very beginning as much as practical. WOM is Writ of Mandamus - used to sue for unreasonable delay in agency’s action.
PACER is Public Access to Court Electronic Records: http://pacer.psc.uscourts.gov/pacerdesc.html, see also messages #9499, #9500, page 634, and some relevant cases attached by shvili: #9998, page 667.

All the best!
snorlax
 
Mingjing said:
I have seen many cases where AUSA filed MTD, and suggested motion hearing dated 6 weeks after.

However, I got my MTD on March 26th and hearing is proposed by AUSA to be June 15th, about 12 weeks after filing of MTD (i.e. double the usual timeline I have seen).

What is going on here? Shall I press to move the hearing to an earlier date?

If USCIS is still expediting name checks, and they want to use the delayed hearing to buy some time, I'd be willing to consider giving them time. But if nothing is happening until hearing, there is no gain not to press for an earlier hearing.

Thoughts?
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May be Judge or AUSA will be on vacation. Just thought... things are going very slow in US courts.
 
filing pro se

I'm sure many of you have heard the advice that it is just as unwise to act as your own lawyer as act as your own surgeon.
In almost all cases this is true.

There are several reasons not to file a lawsuit without a lawyer.
1. you could end up in a much worse legal position than if you had done nothing.
2 if you lose your case a lawyer might not be able to argue the same case for
you in the future. (for example a case dismissed with predjudice)
3 if you lose your case may be used as an argument (legal precedent) to
ruin the cases of other immigrants just like you.

It is an exceptional person that should file pro se. It is not something
you should do if:
1 English is a second language.
2 You can't understand legal jargon or you don't have time to look it up
3 you don't understand the procedure to file pro se in your district
4 you don't have the time to read through ALL OF THE POSTS on this thread.

I don't mean to be critical of anyone or discouraging but I am concerned about some of the newer people on here who have no idea about things like filing an opposition to the AUSA's motion to dismiss when they have a ten or day time limit to file one.

For the love of God people hire a lawyer unless you are prepared to devote a great deal of time and energy on this!
 
I partially agree with the previous post. It seems that situation is different now than it was last year. I think that's because of the volume of lawsuits.
Before you could just file a lawsuit and wait for resolution. Now you have to be able to fight for it, which takes a lot of legal knowledge and time. Getting a lawyer looks like a good idea these days. However if you are unable to find a good one, do it yourself. Government and Gongress have to understand that we will not just sit and wait for mercy. They have to do something to fix the broken system.
 
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use this opinion to fight MTD

This opinion explains why court has jurisdiction to compel USCIS to expedite processing of stalled I-485s. Court uses APA and "federal question" 28 USC 1331 to assume jurisdiction.
 
Hi All, I am considering to file a lawsuit for my naturalization application. Here is the timeline:

07/29/2004 - Submitted application for naturalization (N-400) to USCIS
08/03/2004 - USCIS received my application
09/08/2004 - Completed fingerprint card in Newark, NJ USCIS Office
04/12/2005 - Passed the Naturalization Interview in Newark, NJ USCIS

Here are some questions:
1. Does anyone have any experiences or comments about filing lawsuit in Newark, NJ?
2. I saw some postings about re-doing fingerprint every 15 months, but so far USCIS has never requested me to re-do my fingerprint. What is the implication?
3. Has anyone considered using the media to pressure the FBI or USCIS?

Thank you.
 
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I am kind of worry about calling my AUSA. The last time I contact her was in March 9th and she replied saying she will file MTD on my case. But nothing happened so far. And the last time, she asked for four months extension and the judge granted it. So, I don't know if I should contact her again to ask the status or I should just wait. Any suggestions?
 
N-400 travel limitations

Hi All;

I live in Nebraska District where over thousand N-400 applicants are still waiting over 3 to 5 years. Here is my case:
N-400 PD -------------------------April 2004
N-400 Interview Passed September 9th 2004

I made 6 trips to Turkey each less than 3 months. My first trip was in March 2004 right after finding out my dad got Cancer. My dad passed away on October 9th 2006. Now my mom, age of 78, is in poor health and may go through a surgery. I am their only son. Now if I go I will lose my citizenship application. I would like to ask to this forum:

18 months during 3 years is it a rolling 3 years? Let s say if I go in June, June 2004 - June 2007, is my March trip will be out of this 18 months? It is really sad that I have been living legally in US since 1991 and I didn't need to leave before '04, and now I can't leave because of my travel limitations.

Did anyone filed suit from the Nebraska District? This is the worst district. Nowadays almost every applicant waiting close to 2 years even European Citizens.... I fear that even 3 years waiting will bearly look unreasonable to the judges since over thousand applicants waiting longer than me.

I ve been very stupid. I withdrew little over 10k after finding out my dad may need a liver transplant. I panicked. The Bank reported me to the FBI I believe this is the only trigger. or HIT the reason for my delay. I have a very clean background not even a traffic ticket....

Thanks in advance for your advices......
 
yvesliu said:
I am kind of worry about calling my AUSA. The last time I contact her was in March 9th and she replied saying she will file MTD on my case. But nothing happened so far. And the last time, she asked for four months extension and the judge granted it. So, I don't know if I should contact her again to ask the status or I should just wait. Any suggestions?
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Hi yvesliu,
In my opinion you should call your AUSA to find out what is going on at there side. Also, I suggest you to call once in two to three week, even you talk for 3 to 5 sec, in this way she will remember you. MTD is not bad and also AUSA have to do what the General Counsel told them to do, otherwise they will get fired, you remember recent firing of US attorneys. You must have your counter motion ready at this stage because after filing from AUSA you do not have much time.
Good luck
 
she asked for four months extension and the judge granted it.
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This kind of sucks... Never heard of 120 day extension before. I am assuming that CIS already used up that 120 days after your interview and that is why you took this case to the court, and on top of it, they ask another 120. They treat people like they are stupid. Just because they have no experience in legal matters and they know the judge better than you do, and it being a lose-lose situation, we say "yes" to their additional abuse.
 
1447b petition

Hi guys, i'm new to this forum. I am in desperate need for help with my citizenship case. Here's the timeline of my case,
N400 submitted in 1/2006,
fingerprints taken in 2/2006,
interview passed in 6/2006,
no further updates... and it's been 10 months since I passed the interview... sigh...

I've called and written to the immigration several times. I've been told that they are still waiting for the FBI background check clearance. I'm now seriously considering filing a lawsuit under 1447b. Has anyone filed such a lawsuit in Los Angeles? Could you please provide some filing samples and/or advices?

Appreciate your help.

Miwa
 
786riz said:
Hi yvesliu,
In my opinion you should call your AUSA to find out what is going on at there side. Also, I suggest you to call once in two to three week, even you talk for 3 to 5 sec, in this way she will remember you. MTD is not bad and also AUSA have to do what the General Counsel told them to do, otherwise they will get fired, you remember recent firing of US attorneys. You must have your counter motion ready at this stage because after filing from AUSA you do not have much time.
Good luck
Click to expand...

Just called and she said there is no update and she is going to file MTD again. Sucks.
 
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