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

[missingpa]

Am I doing to the right thing by proposing an extension?

Dear friends,

I filed my WoM case on 1/26/2007 and served the complaint to the AUSA on 2/14/2007. The answer is due by 4/16/2007. I recently communicated with my AUSA and she was very courteous but nevertheless tough. She said she checked on my case but the NC was still pending and she would not request my NC to be expedited. She further said that my case has only been pending for 2 years and there are people who have waited for 3~4 years and they are still waiting. She said she would wait until the last day and file a MTD.

After filing the law suit, my I-485 case was transferred from VSC to TSC on 3/7/2007 and earlier this month I got the second FP notice and had my FP taken on 4/5. Today, I just received another email saying my case was transferred from TSC back to VSC. (Do you think they are playing games?) I should probably mention strangely enough my second FP notice came from VSC.

So I wrote to my AUSA and proposed an extension of 30 days simple because of the recent development and I dont want to put in 100 hours to fight their motion only to find out that they adjudicate my case in the next 2-3 weeks. I have a unique personal situation that I will be busy in the next few weeks and my employer has a very unfavorable vacation policy.

My question is how will this be viewed by the judge. Would he think that I am weak or something? Any one care to comment?

 

[Mingjing]

Talked to my lawyer. She said all the ADR, CMC etc. are more formality. She does not think I need to attend these meetings (through Pro Se handbook of Northern California seems to encourage plaintiffs to join in addition to attorney). Thoughts?
Mingjing

Following is current timeline for my case. I have a lawyer helping me.

4/13/07 To file Joint Case Management Statement
4/19/07 ADR Phone Conference
4/20/07 Initial Case Management conference (CMC)
6/15/07 Hearing


I have similar status with Mingjing except that I am prose. Filed wom January, got answer 60 days later, then AUSA filed Notice of need for ADR phone conference, ADR unit send me time for phone conference: 4/16/2007. I am planning to choose for Early Settlement Conference with a Magistrate Judge since this is also recommended in ADR handbook for pro se. Any suggestions? What am I expecting from here?

 

[bsus]

Anybody talked to Edward Olsen?

My case is handled by AUSA "Edward Olsen" (in San Francisco), I have been trying to get hold of him through numerous phone calls, but never successful.

Has anybody actually talked to him personally? I'm trying to figure out whether he never answers phone call, or just my bad luck.

In addition, I sent at least three emails to him, and also never got any reply.

If you did talk to him before, how do you feel about his position on our WOM (AOS) cases?

Thanks

 

[paz1960]

Dear friends,

I filed my WoM case on 1/26/2007 and served the complaint to the AUSA on 2/14/2007. The answer is due by 4/16/2007. I recently communicated with my AUSA and she was very courteous but nevertheless tough. She said she checked on my case but the NC was still pending and she would not request my NC to be expedited. She further said that my case has only been pending for 2 years and there are people who have waited for 3~4 years and they are still waiting. She said she would wait until the last day and file a MTD.

After filing the law suit, my I-485 case was transferred from VSC to TSC on 3/7/2007 and earlier this month I got the second FP notice and had my FP taken on 4/5. Today, I just received another email saying my case was transferred from TSC back to VSC. (Do you think they are playing games?) I should probably mention strangely enough my second FP notice came from VSC.

So I wrote to my AUSA and proposed an extension of 30 days simple because of the recent development and I dont want to put in 100 hours to fight their motion only to find out that they adjudicate my case in the next 2-3 weeks. I have a unique personal situation that I will be busy in the next few weeks and my employer has a very unfavorable vacation policy.

My question is how will this be viewed by the judge. Would he think that I am weak or something? Any one care to comment?

I'm not sure that you can ask for an extension (with a motion from the court) at this stage. The ball is in the defendants' court, it's their turn to file an answer or a motion (to extend or to dismiss). If AUSA agrees with your proposed extension, s/he needs to file a motion to extend (like s/he would need more time to answer your complaint).

 

[ncblackhole]

Thanks

here are the remaining two

Thanks a lot United..

 

[Bushmaster]

Filing lawsuit ...please pray...

Tomorrow by this time, my attorney is filing an emergency 1447(b) + WoM before a federal judge in Atlanta to complain about this whole mess, the negligence and unnecessary delays of Citizenship and Immigration Services, a bureau under Dept. of Homeland Security. My naturalization application has been pending for more than 18 months and FBI name checks have been done for 4 months now. As you all know the judge has the jurisdiction to grant me citizenship in the court right away. If the judge agrees to do this, I will become a citizen before I deploy. I have only 15 business days left before I get on that plane headed to Baghdad. My attorney seems positive and tells me that AUSA will not fight this type of case. High moral character is established and there should not be anything derogatory that can not be argued. Since it is a time crunching situation we will request a judicial naturalization oath.

Please pray that the judge will agree to use his authority and have some compassion and sympathy about the case.

 

[missingpa]

paz,

I did not file any motion, but just proposed that to the AUSA and she drafted a joint stipulation within minutes for me to sign. The stipulation says the following:

IT IS HEREBY STIPULATED by and between pro se plaintiffs and Federal Defendants, at pro se plaintiffs’ request, that Federal
Defendants may have a 30-day extension of time from April 16, 2007
up to and including May 16, 2007, to file an answer, motion, or
otherwise respond to the Complaint in the above-captioned action.
No prior extension has been requested by either party.

I am inclined to sign it but would like to hear your opinions on this.

 

[ncblackhole]

Tomorrow by this time, my attorney is filing an emergency 1447(b) + WoM before a federal judge in Atlanta to complain about this whole mess, the negligence and unnecessary delays of Citizenship and Immigration Services, a bureau under Dept. of Homeland Security. My naturalization application has been pending for more than 18 months and FBI name checks have been done for 4 months now. As you all know the judge has the jurisdiction to grant me citizenship in the court right away. If the judge agrees to do this, I will become a citizen before I deploy. I have only 15 business days left before I get on that plane headed to Baghdad. My attorney seems positive and tells me that AUSA will not fight this type of case. High moral character is established and there should not be anything derogatory that can not be argued. Since it is a time crunching situation we will request a judicial naturalization oath.

Please pray that the judge will agree to use his authority and have some compassion and sympathy about the case.

It is sad that you have to think and worry about this lawsuit when you should be spending time with your family at this time.

Hope you have a safe mission...

 

[FOURYEARS]

1.60 days
2. Log on to pacer, register and you will see all cases in your district,
Search by party name = chertoff, type=890

Thanks. I have a acount at pacer. But I do not how to see the original petition filled. I am able to read docket report or summry but not the text of petition

 

[missingpa]

Bushmaster

Bushmaster,

All the best wishes to your hearing and hope your obtain a victory that will inspire and encourage the rest of us.

Tomorrow by this time, my attorney is filing an emergency 1447(b) + WoM before a federal judge in Atlanta to complain about this whole mess, the negligence and unnecessary delays of Citizenship and Immigration Services, a bureau under Dept. of Homeland Security. My naturalization application has been pending for more than 18 months and FBI name checks have been done for 4 months now. As you all know the judge has the jurisdiction to grant me citizenship in the court right away. If the judge agrees to do this, I will become a citizen before I deploy. I have only 15 business days left before I get on that plane headed to Baghdad. My attorney seems positive and tells me that AUSA will not fight this type of case. High moral character is established and there should not be anything derogatory that can not be argued. Since it is a time crunching situation we will request a judicial naturalization oath.

Please pray that the judge will agree to use his authority and have some compassion and sympathy about the case.

 

[Mingjing]

What district are you in? I thought if judge remanded a case to USCIS with a specific instruction to adjudicate the case within xx days, that will be what you want. So why you say "Not very optimistic"? Please share some details.

...Almost every case in this district for the last couple of weeks were remanded to USCIS. Not very optimistic about the results from Opposition to MTD...

 

[Mingjing]

786riz,

In #1 below, "judge will rule on the case" is to rule on MTD, not rule on the while complaint, right?

And in #2 below, you mean after judge rules on MTD, and if MTD by AUSA denied, then the rest things you spelled are likely to follow?

Sounds like a long time will be required for #2 alone.

Hello beibei_sd2004,
1. After your counter motion, usually AUSA will file a brief on your counter motion. At this stage if judge feels (in most of the cases) that no verbal arguments necessary, judge will rule on the case. You are not allowed to file any thing other than counter motion, except judge gives you permission.

...
2. Different district are different but case won’t just go to trial with out pretrial, discovery, etc. AUSA could propose any date for trail. However, I am sure that the judge will rule on your case after all filings.

 

[Bushmaster]

I rather not worry about this until I get my citizenship though I paid 2850.00 to push a process which is done for free for servicemembers in about 4-6 months. And I pray to be safe and make it back OK in 15 months, just to save them from the embarrassment of giving a naturalization certificate to my wife.

 

[Mingjing]

Only risk of asking for extension by yourself is if your case drags too long, AND IF there will appear new unfavorable rulings between now and your case gets finally decided, then you are in a worse situation than if you have not asked for extension. This assumes either way, the quality of your opposition to MTD is same.

And I don't feel judge will believe you show weakness if you file extension. My lawyer actually wanted to file extension before we both realized we have 8 to 9 weeks to respond to MTD. The reasoning she has is to wait a few weeks to see what the new USCIS policy of not to expedite routinely means to all pending suits.

I myself do not mind this 8 to 9 weeks time to respond to MTD. I could have more time, so it is my lawyer to prepare MTD. The only thing I don't know is whether USCIS expedite name checks based on age of our cases, or simply based on how close the final hearing is.

Which district are you in?
______________

I filed my WoM case on 1/26/2007 and served the complaint to the AUSA on 2/14/2007. The answer is due by 4/16/2007. I recently communicated with my AUSA and she was very courteous but nevertheless tough. She said she checked on my case but the NC was still pending and she would not request my NC to be expedited. She further said that my case has only been pending for 2 years and there are people who have waited for 3~4 years and they are still waiting. She said she would wait until the last day and file a MTD.

After filing the law suit, my I-485 case was transferred from VSC to TSC on 3/7/2007 and earlier this month I got the second FP notice and had my FP taken on 4/5. Today, I just received another email saying my case was transferred from TSC back to VSC. (Do you think they are playing games?) I should probably mention strangely enough my second FP notice came from VSC.

So I wrote to my AUSA and proposed an extension of 30 days simple because of the recent development and I dont want to put in 100 hours to fight their motion only to find out that they adjudicate my case in the next 2-3 weeks. I have a unique personal situation that I will be busy in the next few weeks and my employer has a very unfavorable vacation policy.

My question is how will this be viewed by the judge. Would he think that I am weak or something? Any one care to comment?[/QUOTE]

 

[missingpa]

Mingjing

Hi,

My WoM case is in the central district of CA. It is nice that you have a lawyer to cover your back. I don't, so I have to take care of everything myself. All things considered, don't you think the first case transfer, the second FP, and the second transfer back to the original service center happened too hecticly? It is depressing that my AUSA is still saying NC pending.

Only risk of asking for extension by yourself is if your case drags too long, AND IF there will appear new unfavorable rulings between now and your case gets finally decided, then you are in a worse situation than if you have not asked for extension. This assumes either way, the quality of your opposition to MTD is same.

And I don't feel judge will believe you show weakness if you file extension. My lawyer actually wanted to file extension before we both realized we have 8 to 9 weeks to respond to MTD. The reasoning she has is to wait a few weeks to see what the new USCIS policy of not to expedite routinely means to all pending suits.

I myself do not mind this 8 to 9 weeks time to respond to MTD. I could have more time, so it is my lawyer to prepare MTD. The only thing I don't know is whether USCIS expedite name checks based on age of our cases, or simply based on how close the final hearing is.

Which district are you in?

[/QUOTE]

 

[beibei_sd2004]

Thank you

Hello beibei_sd2004,
Do not be depress and feel weak, give AUSA a best fight. You do your job and rest is up to God. File a best counter motion that you can, use paz’s as start up, add new cases and add / remove items. But tell the forum some more about your case, is it citizenship based 1447b or WoM or both, etc. If you are saying all the cases remanded back to USCIS, it is true. Court does not approve citizenship/ GC with out name check clear. It is certain that the case will be remanded to the USCIS but we want it to be remand with proper instruction. Purpose of our law suit is to make USCIS to move.
1. After your counter motion, usually AUSA will file a brief on your counter motion. At this stage if judge feels (in most of the cases) that no verbal arguments necessary, judge will rule on the case. You are not allowed to file any thing other than counter motion, except judge gives you permission.
2. Different district are different but case won’t just go to trial with out pretrial, discovery, etc. AUSA could propose any date for trail. However, I am sure that the judge will rule on your case after all filings.

Good luck, be optimistic, you will prevail.

Thank you very much for the reply and encouragement 786riz!!

My case is 1447b. I will add more cases to opposition. I have more courage and strength to fight now.

Beibei_sd2004

 

[kefira]

My case is handled by AUSA "Edward Olsen" (in San Francisco), I have been trying to get hold of him through numerous phone calls, but never successful.

Has anybody actually talked to him personally? I'm trying to figure out whether he never answers phone call, or just my bad luck.

In addition, I sent at least three emails to him, and also never got any reply.

If you did talk to him before, how do you feel about his position on our WOM (AOS) cases?

Thanks

I talked today to him personally. He is very nice guy and very understanding.

 

[Bou]

Good Luck!

Best of luck for tomorrow, and have a safe mission.
I'm also fighting hard my WOM, with the help of my attorney, we are working very hard to oppose AUSA'a MTD. My case is one of those simplest case of family sponsored category, yet after more than 3.5 years of patiently seemingly endless waiting, having to put a lot of life's major decisions on hold, I'm still suffering. With busy work and family schedule, I often feel so exhausted and distressed. But we have to have good faith and keep our chin up, we will prevail.

Tomorrow by this time, my attorney is filing an emergency 1447(b) + WoM before a federal judge in Atlanta to complain about this whole mess, the negligence and unnecessary delays of Citizenship and Immigration Services, a bureau under Dept. of Homeland Security. My naturalization application has been pending for more than 18 months and FBI name checks have been done for 4 months now. As you all know the judge has the jurisdiction to grant me citizenship in the court right away. If the judge agrees to do this, I will become a citizen before I deploy. I have only 15 business days left before I get on that plane headed to Baghdad. My attorney seems positive and tells me that AUSA will not fight this type of case. High moral character is established and there should not be anything derogatory that can not be argued. Since it is a time crunching situation we will request a judicial naturalization oath.

Please pray that the judge will agree to use his authority and have some compassion and sympathy about the case.

 

[Bushmaster]

Best of luck for tomorrow, and have a safe mission.
I'm also fighting hard my WOM, with the help of my attorney, we are working very hard to oppose AUSA'a MTD. My case is one of those simplest case of family sponsored category, yet after more than 3.5 years of patiently seemingly endless waiting, having to put a lot of life's major decisions on hold, I'm still suffering. With busy work and family schedule, I often feel so exhausted and distressed. But we have to have good faith and keep our chin up, we will prevail.

From what I read, why in the world CIS treats I485s like they are nothing. I am so blessed to get my I485 approved by a judge back in 2003. At this time, I don't have time to deal with a nonsensical AUSA trying to fight a MTD. I have only 15 calendar days left. I am just hoping to get a sympathetic judge. AUSA has to say yes and only yes so we can go ahead. I keep the faith and my hope , but not too high...

 

[786riz]

God bless you my soldier

Hey my soldier,
Not just me, we all behind you and will remember you in our prayers. The way you are fighting, none can take the victory from you. I know some doubts are there but final success will be yours.
God bless you my soldier.

Tomorrow by this time, my attorney is filing an emergency 1447(b) + WoM before a federal judge in Atlanta to complain about this whole mess, the negligence and unnecessary delays of Citizenship and Immigration Services, a bureau under Dept. of Homeland Security. My naturalization application has been pending for more than 18 months and FBI name checks have been done for 4 months now. As you all know the judge has the jurisdiction to grant me citizenship in the court right away. If the judge agrees to do this, I will become a citizen before I deploy. I have only 15 business days left before I get on that plane headed to Baghdad. My attorney seems positive and tells me that AUSA will not fight this type of case. High moral character is established and there should not be anything derogatory that can not be argued. Since it is a time crunching situation we will request a judicial naturalization oath.

Please pray that the judge will agree to use his authority and have some compassion and sympathy about the case.