parsfalcon
Registered Users (C)
N-400 lawsuit
In CA, Central District
In CA, Central District
if anyone is interested in Mohamed's case documents, I've downloaded them all from PACER and can zip and email it. There were too many pages. Please send me a private message with your email address. Thanks.Please study carefully the following case: Mohamed v. Frazier, case # 0:06-cv-00377-RHK-JSM, in the District Court of Minnesota, order dated May 16, 2006. This case is exactly what you should follow. Defendants filed a Motion to Dismiss, Plaintiff filed an opposition and cross motion for summary judgement. Here is the last paragraph from the order:
"Therefore, it is ORDERED that Defendant’s Motion to Dismiss (Doc. No. 3) is DENIED, Plaintiff’s Motion for Summary Judgment (Doc. No. 7) is GRANTED, and the hearing scheduled for May 22, 2006, is CANCELLED. It is further ORDERED, based upon requests by both parties, that this case is remanded to United States Citizenship and Immigration Services, pursuant to 8 U.S.C. § 1447(b), with instructions to resolve Plaintiff’s naturalization request within 30 days from the date of this Order."
The documents filed by Plaintiff are well written by a professional immigration lawyer.
hi guys,
I have a pending I-485 case and my fingerprints expired last month and I still did not receive any letter to go an do new FP...
I called the USCIS and spoke to 2 officers, one told me that I should go in person to the district office and request a FP apointment, and the other told me that this will not work and that I should wait until the namecheck is cleared they will see that my FP expired and schedule another apt. (she also said that on average, NC are taking between 24 and 36 months!)
my question is:
1- should I make an infopass apt. and try to schedule another FP (will they accept to schedule one for me) ? or should I wait?
If there're statutes that I did not cite in the orginal complaint, it is OK to incorporte them into the arguments in the opposition brief against MTD? Or it is better to amend the original complaint?
Hello All Friends:
I have been working hard in the past two weeks to prepare my Opposition to MTD.
I was thinking about adding cross-montion for summary judgement in my OPP. However, due to two reasons I decided to go without a cross-motion.
(1) I don't think I am capable of preparing the OPP + a cross-montion + proposed order within the 2-3 week I have after the MTD.
(2) I don't want to push the judge. I even don't want to corner AUSA. I know AUSA is simply working his/her job, and they almost have no control on anything. All I want is my GC.
I can be totally wrong. However, each person can make their own decision based on their own particular situation.
I think my OPP is as good as I can do, and I do think it is reasonably good. However, I also know the decision totally depends on the judge's viewpoint, although I do believe we have a better chance to win if the judge is a not unreasonable person.
According to my personal experience, preparing the OPP is really a time- and energy-consuming process. Meanwhile, it is an interesting experience, because it forces you to go one step deeper into the field of "law", and thus understand it better.
Of course, all of these is under the condition that you have 3-5 extra hours each working day and all of the weekends, and are willing to only sleep for 5-6 hours a day, because you have to do a lot things in the 2-3 weeks:
(1) to study every sentence of the MTD to make sure you fully understand Defendants' points
(2) to read enough number (~ 10 at least) of good cases (their Complaint, MTD/Summary Judgement, OPP, and order if there is one). To study the laws, the good cases, as well as their languages.
(3) to read most, if not all, of the cases cited in your MTD, and prepare some counter-arguments against those cases.
(4) to setup your OPP strategy, and the framework of your OPP. This is really critical. If your strategy is wrong, your OPP can be fundamentally weak.
(5) to write up your OPP with solid arguments supported by clear evidence, law, and/or orders. (Those arguments without supporting evidence, law, or court orders may harm your points.)
(6) to format your OPP according your local rules, and to make it to look like a professional legal document.
(7) to prepare a "certificate for service", and then to mail it to AUSA and file it to the Court.
Even with the help of this wonder forum, and a group of wonder people on this forum, during this course, you have to truly learn many things by yourself, and think for yourself, because you know your situation the best. That is, you can't expect to learn all you need from this forum for completing this journey. Your personal hard working is essential.
I was really excited when I finished all of these. Now if you ask me if I want to do it again, I will say I will think about it. ;-)
Now the ball is at AUSA's hand, and I really want to temporally forget about this, and pick up my normal life, at least for a few weeks.
Hello everybody,
So we finally sued them for the naturalization adjudication, and served them and now the defendants have their 60 days to answer.
When do you think I should call AUSA and inquire about the case?
I know at the beginning of this thread it is suggested to wait till there's two weeks left till the deadline. My thinking is if we inquire about it earlier, maybe, just maybe, AUSA will work on our case more and not just ask for extension at the end of 60 days. That seems to be the trend in our disrict lately.
Does anybody have their oppinion?
Hello everybody,
So we finally sued them for the naturalization adjudication, and served them and now the defendants have their 60 days to answer.
When do you think I should call AUSA and inquire about the case?
I know at the beginning of this thread it is suggested to wait till there's two weeks left till the deadline. My thinking is if we inquire about it earlier, maybe, just maybe, AUSA will work on our case more and not just ask for extension at the end of 60 days. That seems to be the trend in our disrict lately.
Does anybody have their oppinion?
if anyone is interested in Mohamed's case documents, I've downloaded them all from PACER and can zip and email it. There were too many pages. Please send me a private message with your email address. Thanks.
parsfalcon
hey guys,
I need ur help, I am filing the WOM in Newark, NJ...
I never filed a lawsuite before so any help is appreciated.
1- when i go to NJ federal district court, where do i go in specific to file the law suite?
2- i will have 7 copies of my WOM, but would they provide me with a cover sheet? or should i have it before hand?
3- would they provide me the somons sheets?
I would appreciate ur help (Akram 88 and Paz please help if u read this)
Thanks
Can summons be served by FEDEX or fo they have to be served via certified mail ?
Hye lotechguy and Hello to all!
hope everyone is doing fine here. It is only through certified or registered mail. Someone posted a judge order from a Florida court last month and the judge was mad on attorney because he served summons through Fed ex. regards, dude
Can summons be served by FEDEX or fo they have to be served via certified mail ?
I do not think calling earlier than 2 weeks before deadline will help. Remember, AUSA is not processing your application.
If they ask for extension, you can always oppose but the court will usually grant extension anyway.