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

[weiyuzhu]

Seek help from first lady

Following is a message from another immigration forum. Seemingly this is a good way to speed up name checks.

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February 07, one letter directed to First lady concerning about my name check status.

Today, got one letter from FBI. " a review of the FBI's name check program database revealed that your request was received from the USCIS on Oct. 4, 04. This submission was processed and finalized on April 15, 2007. The results were forwarded to the USCIS headquarters, Washington DC."

I strongly suggest that you need write a letter to First lady if your case is close or more than 2 years.
That works!!!!
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[birdie]

Birdie, congratulaions!

What judge did you have and have you heard of Patricia Trumbull, she is a magistrate judge in San Jose and was assigned to us 2 days ago?

I don't have a motion sample but you can check the files I downloaded over the weekend before the last, there are at least a couple of MSJs listed there.

Thanks, but it is going to be an up hill battle!

Mine is also a magistrate judge, she acknowleged that there is a split opinion as to whether court has jurisdiction at the hearing, so it won't be an easy win for me.

I ran across Patricia Trumbull's name when I did my PACER research, I believe she has quite number of WOM cases assigned to her, you might just want to go through PACER to find cases under her. Don't know if you could just simply search though.

Hope this helps.

 

[relyonself]

ADR is comming

just got a call from AUSA, she wants me to sign ADR certification and let me know the notice of need for ADR phone conference. It seems that it is getting closer and closer to face to face with them. Anybody could share the experience? I am in North District of California. thanks.

 

[birdie]

Birdie, congratulaions!

What judge did you have and have you heard of Patricia Trumbull, she is a magistrate judge in San Jose and was assigned to us 2 days ago?

I don't have a motion sample but you can check the files I downloaded over the weekend before the last, there are at least a couple of MSJs listed there.

shvili,

You might find this one useful, refered to Judge Patrica Trimbel, however, it is a naturalization case,

5:06-cv-04820-JW

 

[lazycis]

Hi guys, where or whom should I spoke to get the information when did my FBI name check initiated. I tried infopass however she told me she don't have that information.

I've got that info from infopass. Name check was initiated two weeks after the I-485 receipt. However, it depends on the officer. In my office there are two ladies - one is very nice and the other ... So it's like a lottery for me
The sure thing is to initiate congressional/senate inquiry or both. Write/fax to your congressman/senator, they can get detailed info about your name check.
Unfortunately they cannot request expedited processing.

 

[lazycis]

USCIS mess

I think the main issue in this FBI Name check Mess is the Reference files that they began to use in November 2002. If USCIS has statistics that they have caputred terrorists, and bad guys(Immigration and/or other Frauds) or criminals using this system after November 2002, then, I think, it should be continued, but these Name checks needs to be done in a very specific and timely manners and all applicants should be treated equally as far as the processing times are concerned. I mean those applicants with and without the positive hits in this reference file system.

So if CIS knows that it is working for them, then, they can contiune. But, if they have not caught people using this refernce file, then, it should be stopped atleast for immigration benefits. But who is going to understand this situation. I think they will start to wake up when they will have thousand of lawsuits pending in the courts instead of hundreds. We are all victims of this bureaucratic mess. In reality, FBI's situation is like a solider in a war. It's like you gave him a gun, but how about bullets!!!!!!! No bullets!! How can he fight!!

The main reason is how name check the process was implemented - without analysis, appropriate rules and regulations. So nobody can be hold responsible, which is quite unusual situation for the US. Then FBI failed to implement Virtual Case system so they still rely on paper files. Then we have incompetent USCIS leadership. Come on, instead of fixing the problem they are trying to raise (2x/3x) fees! Try to do that in private industry. USCIS requests are only 47% of the total volume processed by FBI. Do you think other agencies are waiting for 2-3+ years for a response? No way. I was reading a report from the Office of the Personnel Management (OPM) - they sent people to FBI to help process their name checks requests. Do you think CIS does not have extra people bored from doing close to nothing?
OPM goal is to process all requests in less than 6 months. In that report they also mention that average time to get top secret clearance is about 18 months. To issue top secret clearance FBI checks (including name check) all you relatives/friends and pets So to me it looks like FBI just ignores lingering USCIS requests and USCIS does nothing to push or to help FBI.

 

[shvili]

shvili,

You might find this one useful, refered to Judge Patrica Trimbel, however, it is a naturalization case,

5:06-cv-04820-JW

Bridie,

my husband's case is also naturalizaion, 1447+wom, stuck in nc for 3 1/2 yrs.
The problem is, I saw Judge Trumbull docket but I can't access anything on Pacer other than the case summary (name of a hearing, parties, date...) It shows no texts of docs, so the only option for me to actually see her work is to go to court's pacer ! Also this judge shows no opinions on the court site, so I wonder if she is a new one... If you run across anything about this judge, please let me know.

Also you said,

she acknowleged that there is a split opinion as to whether court has jurisdiction at the hearing, so it won't be an easy win for me.

Can you give details, how did she deny a MTD yet she has no opinion about jurisdiction??? I would think if she denied it, it means you almost won... Or did she deny it on some technicality or a AUSA's mistake, not on the usual grounds?

I'd appreciate if you comment on this...

 

[lazycis]

I just got the WOM case dismissed by the judge today. We are considering the appeal currently. My attorney is willing to file the appeal for us, and she only asks for us to pay for the out of pocket expense (such as filing fees and mail, copy expenses), we don't have to pay for her legal fees. Any one has any idea how much the out of pocket fees will be, and how much the attorney ask for the legal fee for this kind of cases?

To file notice of appeal is $450+5=455. I have no idea about legal fees. Copies/mail are extra, but that's minor. What was the reason for dismissal?

 

[waitwait96]

any one can help

Sorry to hear this It is sad. I think if you talk to your lawyer and file Motion to reconsider. Highlight point that court assesment based on Grinberg v. Swacina is wrong. Highlight fundamental difference between Grinberg v. Swacina and your case that in Grinberg v. Swacina Plaintiff was asking for approval of applications but in your case you are not asking for that relief. You are asking for adjudication ( I am hoping that is what you asked ). This invalidates Grinberg v. Swacina argument. Certainly Motion to consider is better then appeal but I do not see any harm in trying as Judge already ruled against you.

wenlock I am in the same mess like you name check pending without interview how did file for WOM and what is that all about ??? do you have any link or cases that i can learn more from it ?? thank you very much for your help in advance .

 

[gmlvsk]

Your case was decided by MAGISTRATE JUDGE, right?
I think you can request that regular judge review that decision

I received a blow today. My case got dismissed due to lack of subject matter jurisdiction, the judge sited Grinberg v. Swacina in his order.
There was no MTD or trial in my case, from the beginning both parties were instructed to file Summary judgement, then went back and forth with responses. My attorney kept telling me that our judge was pro government but I was just hopeful. I can't believe my bad luck.

Questions:
There was no mention of with or without prejudice, just dismissed. My attorney said we should appeal in the (7th) circuit court . Has any one gone through this phase?
Can it be done pro se? I am not sure how much he will charge for the appeal. I already coughed up enough for the district court work he did.
Any idea about how long this might take?

 

[birdie]

Bridie,

my husband's case is also naturalizaion, 1447+wom, stuck in nc for 3 1/2 yrs.
The problem is, I saw Judge Trumbull docket but I can't access anything on Pacer other than the case summary (name of a hearing, parties, date...) It shows no texts of docs, so the only option for me to actually see her work is to go to court's pacer ! Also this judge shows no opinions on the court site, so I wonder if she is a new one... If you run across anything about this judge, please let me know.

Also you said,

she acknowleged that there is a split opinion as to whether court has jurisdiction at the hearing, so it won't be an easy win for me.

Can you give details, how did she deny a MTD yet she has no opinion about jurisdiction??? I would think if she denied it, it means you almost won... Or did she deny it on some technicality or a AUSA's mistake, not on the usual grounds?

I'd appreciate if you comment on this...

I believe judge was trying to say is that, this is not a clear cut interpretation as to whether the court has jurisdiction (that's why you see some cases got dimissed some didn't), she spent quite some time on my case trying to decide whether the court has jurisdiction. So make sure you write very good oposition when the time comes.

I also saw quite some naturalization cases got resolved before judge ruling, so good luck. I will send the cases your way of I come across your judge's name, but I would suggest that you focus your energy on preparing very good oposition, since most of the cases got resolved before judge's ruling up until the end of last year.

 

[birdie]

Bridie,

my husband's case is also naturalizaion, 1447+wom, stuck in nc for 3 1/2 yrs.
The problem is, I saw Judge Trumbull docket but I can't access anything on Pacer other than the case summary (name of a hearing, parties, date...) It shows no texts of docs, so the only option for me to actually see her work is to go to court's pacer ! Also this judge shows no opinions on the court site, so I wonder if she is a new one... If you run across anything about this judge, please let me know.

Also you said,

she acknowleged that there is a split opinion as to whether court has jurisdiction at the hearing, so it won't be an easy win for me.

Can you give details, how did she deny a MTD yet she has no opinion about jurisdiction??? I would think if she denied it, it means you almost won... Or did she deny it on some technicality or a AUSA's mistake, not on the usual grounds?

I'd appreciate if you comment on this...

Oh, I forgot to mention, judge also mentioned that, the safadi case AUSA cited was not convincing enough

 

[Mingjing]

I found out when my name check was initiated through Infopass appointment. USCIS is the initiator of this check to FBI, how would they not know?

Hi guys, where or whom should I spoke to get the information when did my FBI name check initiated. I tried infopass however she told me she don't have that information.

 

[Mingjing]

Birdie,

Are you a citizen case or I485 WOM case? Either way, will be good if you can share your case detail. I have compiled a list of favorable I485 WOM cases and posted it recently. I'd like to capture all new favorable I485 cases such as yours, so we can all defeat MTD.

Thanks.

hi guys,

Just wanted to share a positive news. My case's MTD is denied by the judge, I am in Northern District of California.

I will appreciate if someone has a sample of Motion for Summary Judgement.

 

[Mingjing]

xil96, Which district are you in? Citizen or I485 case? When did you file your immigration case and when did you file your law suit? Some details will help this forum to be aware of the environment we are in, and may be better help all of us.

I just got the WOM case dismissed by the judge today. We are considering the appeal currently. My attorney is willing to file the appeal for us, and she only asks for us to pay for the out of pocket expense (such as filing fees and mail, copy expenses), we don't have to pay for her legal fees. Any one has any idea how much the out of pocket fees will be, and how much the attorney ask for the legal fee for this kind of cases?

 

[Mingjing]

Birdie,

What do you mean it is still an uphill battle for you? Judge's acknowledgement about split opinion on jurisdiction was only relevant before the MTD in your case was denied. Once that MTD was denied, court already assumes jurisdiction. Can you elaborate?

Mine is also a magistrate judge, she acknowleged that there is a split opinion as to whether court has jurisdiction at the hearing, so it won't be an easy win for me.

 

[SLIS]

I believe judge was trying to say is that, this is not a clear cut interpretation as to whether the court has jurisdiction (that's why you see some cases got dimissed some didn't), she spent quite some time on my case trying to decide whether the court has jurisdiction. So make sure you write very good oposition when the time comes.

I also saw quite some naturalization cases got resolved before judge ruling, so good luck. I will send the cases your way of I come across your judge's name, but I would suggest that you focus your energy on preparing very good oposition, since most of the cases got resolved before judge's ruling up until the end of last year.

It's great to see some good news! This is very uplifting and refleshing! And congratulations for overcoming a major obstacle!

It's encouraging to see the judge acknowledging the split interpretations and choosing to side in favor of you. I just got AUSA's reply to my opposition to their MTD. In the reply, the AUSA also acknowledged the split interpretations and urged the judge to side with courts that decided to grant MTDs. I'm hoping that the judge in my case would be as reasonable as yours. We'll see....

 

[whatha]

OK guys I just want to say that I finally became Proud US Citizen after over 3 years after my Citizenship interview. But this dream became reality only because of this BLOG. I really really thank every body in this blog. Even a f^&*n attorney I hired once did not bother telling me I have a great option to Sue all the big guys as my legal right. After filling the law suite I became a US Citizen in 6 months.
Guys please don’t lose hope; I know its very very depressing through out the journey but don’t give up and keep fighting for your rights. If you take proper channels some body will listen to you. This is why this Country is where every body wants to come.
Now I'm struggling to get my passport since now even after paying $188 two weeks expedited fee they will take more than 4 weeks hahaha.
But guys keep on suing since that’s the society we live in now where US Attorneys only wait to take action once they get sued.
I seriously believe all those US Attorneys getting fired have some thing to do with the amount of lawsuits we’ve filed against them. Fight for your right.
Please read all my post to get better understanding of my case since I am one of the minorities even in this blog and get yourself well prepared.

 

[shvili]

I believe judge was trying to say is that, this is not a clear cut interpretation as to whether the court has jurisdiction (that's why you see some cases got dimissed some didn't), she spent quite some time on my case trying to decide whether the court has jurisdiction. So make sure you write very good oposition when the time comes.

I also saw quite some naturalization cases got resolved before judge ruling, so good luck. I will send the cases your way of I come across your judge's name, but I would suggest that you focus your energy on preparing very good oposition, since most of the cases got resolved before judge's ruling up until the end of last year.

Birdie,

Did you file pro se and did the judge deny MTD after your Opposition? If you did all that pro se, it's time to celebrate! You deserve it, (Or your atty needs a pat on his back). I really think you will win very soon now.

 

[shvili]

OK guys I just want to say that I finally became Proud US Citizen after over 3 years after my Citizenship interview. But this dream became reality only because of this BLOG. I really really thank every body in this blog. Even a f^&*n attorney I hired once did not bother telling me I have a great option to Sue all the big guys as my legal right. After filling the law suite I became a US Citizen in 6 months.
Guys please don’t lose hope; I know its very very depressing through out the journey but don’t give up and keep fighting for your rights. If you take proper channels some body will listen to you. This is why this Country is where every body wants to come.
Now I'm struggling to get my passport since now even after paying $188 two weeks expedited fee they will take more than 4 weeks hahaha.
But guys keep on suing since that’s the society we live in now where US Attorneys only wait to take action once they get sued.
I seriously believe all those US Attorneys getting fired have some thing to do with the amount of lawsuits we’ve filed against them. Fight for your right.
Please read all my post to get better understanding of my case since I am one of the minorities even in this blog and get yourself well prepared.

whatha,

Congratulations!
what was your district?

As for your passport, "been there, done that" - it's another bureaucracy but alas, we can't fight all of them. In my own delay, a letter to my congressman (again!) helped. I got it right away. So if it gets really long, e-mail your rep.