The other one
Registered Users (C)
Thank you both Hiram and Dude
Does any one have a link to a WOM Pro Se sample?
Thanks for helping.
Does any one have a link to a WOM Pro Se sample?
Thanks for helping.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
relyonself
Registered Users (C)
should I reply or not
Hi, Dear All:
I filed my WoM case to North distrcit of California and receieved answer to my complain from AUSA last week, a little confusion here, should I reply or not, based on the pro se manual, I do not need reply, but based on local rules, it seems that I should write Opposition within some days. which way I should follow? Based on ADR, I will have a meeting on 4/30, I will file my Opposition after that or not. Or suppose, court should send me something after the answer? Hope anybody with experience could give me some advice. thanks in advance.
Hi, Dear All:
I filed my WoM case to North distrcit of California and receieved answer to my complain from AUSA last week, a little confusion here, should I reply or not, based on the pro se manual, I do not need reply, but based on local rules, it seems that I should write Opposition within some days. which way I should follow? Based on ADR, I will have a meeting on 4/30, I will file my Opposition after that or not. Or suppose, court should send me something after the answer? Hope anybody with experience could give me some advice. thanks in advance.
2nd Fingerprinting Notice
This is regarding my wife's N400 (pending oath) case. We have both applied at the same time. We both got stuck due to name check. My case has been approved after waiting 1.5 years. I believe this was due to sending the intent to sue letter. I did the same thing for my wife but its still pending due to pending background check. Today (4/20) she received a mail from USCIS asking her to take the second finger printing. In the meantime we wrote to senators, congressman, Hilary Clinton etc and also send the details on the SF ACLU lawsuit. I am not sure what trigger the 2nd finger printing but it could be her fingerprinting expired since the first one. Here is the details:
N400
Priority: April-4th 2005
1st Fingerprinting: June'2005
Interview: Aug'14th 2005
My Oath Ceremony: June'2006 (after 1.5 Years)
Her Second Finger Printing: April-28th 2007
Her Oath???
This is regarding my wife's N400 (pending oath) case. We have both applied at the same time. We both got stuck due to name check. My case has been approved after waiting 1.5 years. I believe this was due to sending the intent to sue letter. I did the same thing for my wife but its still pending due to pending background check. Today (4/20) she received a mail from USCIS asking her to take the second finger printing. In the meantime we wrote to senators, congressman, Hilary Clinton etc and also send the details on the SF ACLU lawsuit. I am not sure what trigger the 2nd finger printing but it could be her fingerprinting expired since the first one. Here is the details:
N400
Priority: April-4th 2005
1st Fingerprinting: June'2005
Interview: Aug'14th 2005
My Oath Ceremony: June'2006 (after 1.5 Years)
Her Second Finger Printing: April-28th 2007
Her Oath???
You can also register in PACER, go to NJ district, search for Chertoff, or any of your defendants, using case type 540 and/or 890, there will be a lot of cases are WOM/I-485 or naturalization. Open the docket documents and read them. You will have more ideas, the defendants' address as well. In the meantime, here in the forum there are a lot of discussion.
41906
GC-Pending
Registered Users (C)
netrin and united2007:
Could you guys please post the cases that AUSA has used against you? I'm planning to do more research and find cases that reject AUSA arguments. I was able to find someone who has access to Westlaw which makes it easier to research these cases.
Thanks.
Light at the end of the tunnel.
Thanks to Jesus Christ, My Lord, My Savior. God is Great!
Thanks to this forum. Your stories and experiences have been giving me comfort and strength. The knowledge I have learned from this forum have helped me fight this tough fight with confidence and courage till the end.
Last night, I got four emails from USCIS, two for me and two for my wife. They are all exactly same -- a report on the Current Status: "Card production ordered". It sounds like USCIS already ordered a set of new "Green Card" for us. Now, the only question remaining is: where is the Approval + Welcome notice? Hopefully it will arrive in mail in the next couple days.
I have to say: in my case, it appears that USCIS is working very fast once name check is done. FBI finished my name check at early April; only two weeks later, 4/19/07, my I-485 is approved and cards are ordered.
Please let me know if I can help in anyway.
Thanks to Jesus Christ, My Lord, My Savior. God is Great!
Thanks to this forum. Your stories and experiences have been giving me comfort and strength. The knowledge I have learned from this forum have helped me fight this tough fight with confidence and courage till the end.
Last night, I got four emails from USCIS, two for me and two for my wife. They are all exactly same -- a report on the Current Status: "Card production ordered". It sounds like USCIS already ordered a set of new "Green Card" for us. Now, the only question remaining is: where is the Approval + Welcome notice? Hopefully it will arrive in mail in the next couple days.
I have to say: in my case, it appears that USCIS is working very fast once name check is done. FBI finished my name check at early April; only two weeks later, 4/19/07, my I-485 is approved and cards are ordered.
Please let me know if I can help in anyway.
I put Andrea J. Quarantillo. I never knew she was changed when I filed or maybe she never did at the time.
Hi, Relyonself,
What do you mean "it seems that I should write Opposition within some days."? I am in North disctrict of California too, and I did not get an answer but a Motion to Dismiss. I actually have 9 weeks to oppose this MTD according to my case timelines and local rules. How did you find out you have only "some days"?
By the way, I am confused about "Answer" too - I have read some of the answers of other folks cases, and the content seems to me to be exactly the same as far as arguments go. These answers even ask judge to dismiss the cases. How could an answer, if it is not supposed to be responded by plaintiffs, asks for dismissal of the complaint? Asking for dismissal in my mind is clearly a motion, and does not belong to an "Answer".
What do you mean "it seems that I should write Opposition within some days."? I am in North disctrict of California too, and I did not get an answer but a Motion to Dismiss. I actually have 9 weeks to oppose this MTD according to my case timelines and local rules. How did you find out you have only "some days"?
By the way, I am confused about "Answer" too - I have read some of the answers of other folks cases, and the content seems to me to be exactly the same as far as arguments go. These answers even ask judge to dismiss the cases. How could an answer, if it is not supposed to be responded by plaintiffs, asks for dismissal of the complaint? Asking for dismissal in my mind is clearly a motion, and does not belong to an "Answer".
I got a "Stipulation for Extension of Time to Respond to Plaintiff's Complaint"
All,
I checkked Pacer today and saw that there was an update on my WoM case:
"Stipulation for Extension of Time to Respond to Plaintiff's Complaint and Order by Judge XYZ: Orders granting Emilio Gonzales ...etc....answer due 6/15"..
The frist answer was due by April 22nd. I don't see any AUSA assigned for the defendants. Is this common?
It seems that the judge herself took this step, or may be I am missing something.
Also this is not Motion to Dismiss. Is there any real difference between the two?
I am wonedering what might be going.
-Desi
All,
I checkked Pacer today and saw that there was an update on my WoM case:
"Stipulation for Extension of Time to Respond to Plaintiff's Complaint and Order by Judge XYZ: Orders granting Emilio Gonzales ...etc....answer due 6/15"..
The frist answer was due by April 22nd. I don't see any AUSA assigned for the defendants. Is this common?
It seems that the judge herself took this step, or may be I am missing something.
Also this is not Motion to Dismiss. Is there any real difference between the two?
I am wonedering what might be going.
-Desi
AUSA first used these three cases to support MTD.
1. Jabr v. Chertoff E.D. MO. case No 4:06CV00543 RWS
2. Karan v. McElroy S.D. N.Y. case no 02 Civ. 6678
3. Safadi v. Howard E.D. Va. case no 1:06CV1055
Later on AUSA submitted two recent cases.
4. Grinberg v. Swacina S.D. Fla. case no 06-22593-CIV
5. Li v. Chertoff S.D. Calif. case no 06-CV02625-H
My impression is that the final decision is on the hands of the Judge. I hope I would have a nice Judge while my instinct told me that the Judge who currently deals with my complaint does not seem to be a decent and generous one.
GC-pending, could you please let me know when you figure out something? As well, I would be grateful to your letting me know of very recent favorable case decisions.
Thanks! Keep up with your good work.
1. Jabr v. Chertoff E.D. MO. case No 4:06CV00543 RWS
2. Karan v. McElroy S.D. N.Y. case no 02 Civ. 6678
3. Safadi v. Howard E.D. Va. case no 1:06CV1055
Later on AUSA submitted two recent cases.
4. Grinberg v. Swacina S.D. Fla. case no 06-22593-CIV
5. Li v. Chertoff S.D. Calif. case no 06-CV02625-H
My impression is that the final decision is on the hands of the Judge. I hope I would have a nice Judge while my instinct told me that the Judge who currently deals with my complaint does not seem to be a decent and generous one.
GC-pending, could you please let me know when you figure out something? As well, I would be grateful to your letting me know of very recent favorable case decisions.
Thanks! Keep up with your good work.
relyonself
Registered Users (C)
Thanks MingJing for your reply, the reply I got is from AUSA and on the right side of first page, it says Answer, of course, it propose to dismiss my case. Not sure yours is same or not. Yours is from AUSA or Court? And also, where did you get that 9 weeks? thanks.
The other one,
I have mostly the WOM petitions which are combined with the 1447 complaint, as I preapre 1447... However, the first WOM+1447 is a good one (I think) and the third is done by the same lawyer. The second is a I-485 case.
For the NJ defendants you only need your CIS district director, perhaps USCIS web site has the list of district names? (Also, someone has already tried to give an update on this, I think) All other defendants are standard, also posted by another member.
Good luck!
P.S. As I was proofreading my petition I found one very common mistake no one seemed to notice in filed docs:
Many filed 1447 petitions have something like this:
"This action is brought for a hearing to decide Plaintiff’s naturalization application due to Defendants’ failure to adjudicate the application within 120 days after the examination in violation of the Immigration and Nationality Act (“INA”) § 336(b) and 8 U.S.C. § 1447(b)".
This "in violation" is illogical for the cited statues, because these statues actually say that plaintiff has a right to complain to the court IF his/her application was not adjudicated within 120 days. You reaquest a hearing PURSUANT to these articles. The VIOLATED statues are:
8 C.F.R. §335.3(a) and 8 C.F.R. §335.2. (Which say the answer must be given within 120 days and interview must only be given after all background checks were completed).
So once again, don't just copy the language of filed petitions, proofread! (The one I quoted was actually given to me by a court clerk as a sample front page of the petition!)
I have got some good news for all of you... Though, I need to go to bed since I have a long drive tomorrow...Again... And I will hopefully post some pics...
Bushmaster.
Please spill your good news and pictures
. Hope you got yourself a victory! Just be careful driving What I got is a MTD from AUSA. I got it on March 26th, and at the same time AUSA proposed motion hearing to be held on June 15th. The Pro Se handbook for Northern California says opposition to MTD should be submitted no later than 3 weeks prior to "Hearing". I am assuming this "Hearing" is the same as "Motion Hearing" proposed by AUSA. If so, my deadline for opposition will be sometime around May 20th, abougt 8~9 weeks after March 26th. I hope I got this right.
I noticed AUSAs are using various ways to try to lengthen the entire process till final order, by using answer, extension, MTD, and push out hearing date etc.
I noticed AUSAs are using various ways to try to lengthen the entire process till final order, by using answer, extension, MTD, and push out hearing date etc.
relyonself
Registered Users (C)
En, that is interesting, so far I did not get this kind of docment yet. Just want to double confirm that you can see MTD on the first page? and they proposed the hearing? Did you ever get Answer from them or some other docs? The Answer is the only thing I got from AUSA. thanks.
united2007
Registered Users (C)
why CIS are doing this
In the past about one month my case was first transferred from VSC to TSV, then I was asked to FP for the second time. Today, I got anther letter from USCIS telling me that my case was transferred back to VSC from TSV. I really don't know what they are doing here.
I remebered somebody else in this forum also experienced the same strange situation. Is any of you have any clue of this?
In the past about one month my case was first transferred from VSC to TSV, then I was asked to FP for the second time. Today, I got anther letter from USCIS telling me that my case was transferred back to VSC from TSV. I really don't know what they are doing here.
I remebered somebody else in this forum also experienced the same strange situation. Is any of you have any clue of this?
whatsnamecheck
New Member
USCIS ready to adjudicate, stipulation signed to dismiss without prejudice
hello friends,
today AUSA left me a voicemail. She sounded extremely nice. She said my citizenship petition was approved and USCIS is ready to adjudicate my case within 2 weeks if I sign the stipulation to dismiss. I called her back and also left a voicemail saying that I will sign as long as the stipulation has a precise timetable and the dismissal is without prejudice. Now the stipulation is in my email-box. I expect to receive the oath notice in the next few weeks.
My letter to the First Lady's office definitely helped. FBI received the inquiry from her office about the same time as I filed my 1447b pro se lawsuit. In hindsight, I have absolutely no regret filing a lawsuit against these government agencies. I stood up for my right like a real man and I won.
Good luck to all. And a big thank you!
hello friends,
today AUSA left me a voicemail. She sounded extremely nice. She said my citizenship petition was approved and USCIS is ready to adjudicate my case within 2 weeks if I sign the stipulation to dismiss. I called her back and also left a voicemail saying that I will sign as long as the stipulation has a precise timetable and the dismissal is without prejudice. Now the stipulation is in my email-box. I expect to receive the oath notice in the next few weeks.
My letter to the First Lady's office definitely helped. FBI received the inquiry from her office about the same time as I filed my 1447b pro se lawsuit. In hindsight, I have absolutely no regret filing a lawsuit against these government agencies. I stood up for my right like a real man and I won.
Good luck to all. And a big thank you!