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

Take action: write a follow-up to the thread on the American Families United forum

shvili said:
Still, looking at the American Families United agenda, we need to see more on how it's relevant to stripping immigrants right to sue on the 1447(b) and WOM statues.:confused:
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Let's take action, and bring this section of the Comprehensive Immigration Reform Act to the attention of this group. I started a new thread on their forum.

Now it is your turn to take action: if you think that Congress should not pass a bill that would stop or make it harder to start a lawsuit like many of us did, write a follow-up in the thread I posted. Let American Families United know what you think!

Alex
 
AGC4ME said:
Thanks. I'm in the process of preparing my documents to file a WoM for the adjudication of my I-485. My dates will be current starting June 1st. In my complaint the defendants are
Secretary of Homeland Security
Director of USCIS
Director of USCIS, NSC
Director FBI.

But none of them operate, per se, in Oregon, Washington County where I live. So how do I justify the Venue where I have to declare that one of the Defendant operates within the jurisdiction of US Court for District of Oregon. Your help is much appreciated.
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See 28 USC 1391:

(e) A civil action in which a defendant is an officer or employee of the United States or any agency thereof acting in his official capacity or under color of legal authority, or an agency of the United States, or the United States, may, except as otherwise provided by law, be brought in any judicial district in which
(1) a defendant in the action resides,
(2) a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or
(3) the plaintiff resides if no real property is involved in the action. Additional persons may be joined as parties to any such action in accordance with the Federal Rules of Civil Procedure and with such other venue requirements as would be applicable if the United States or one of its officers, employees, or agencies were not a party.

Even if you cannot claim residency in Oregon, USCIS has an office in Portland, OR so it does operate within your district (which is the Oregon State). So you will use 28 USC 1391(e) to justify the venue.

It is also interesting that 28 USC 1391(d) says "An alien may be sued in any district" :)

I also recommend adding US AG as a defendant since you have to serve a copy of your complaint to him anyway, FBI is an agency within the Department of Justice and AG makes a decision about your adjustment of status according to 8 USC 1255. If will also help you to justify the venue as there is US Attorney Office in your district.
 
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Need advice on hiring a lawyer

Ninyte said:
Who is your AUSA? My AUSA is Neil White. He just asked for an extension too. 45 days. I'm not planning to hire a lawyer just yet. We'll see how it goes.
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My AUSA is also Neil White. Have you had any contact with him? I haven't bothered to talk to the AUSA since I believe they can't do much with our cases. I strongly believe a good lawyer can play a significant role in Adjustment of Status cases. Unlike your case which is naturalization, AOS cases don't have 120 day deadline which makes it harder to prove the case in court. I think a lawyer can help a lot specially if the lawyer knows the AUSA or the judge and has dealt with similar cases before. Have you talked to any lawyer or know anyone you can recommend?

I am clueless at this point how to search for a good lawyer since there hasn't been any winning case in Maryland yet (to my knowledge). Can anyone in the forum give me some advice how to research for a capable lawyer in the state of Maryland for AOS cases?
 
sammy19 said:
what happens if the court Grants the MTD. Can we appeal?
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I am in the process of appeal. Yes, you can do it. While my AUSA is a nice lady and she indicated that my case was close to approval, I decided to appeal so that AUSA would not be able to use my case in future MTDs. If they do, they have to indicate that appeal is pending.
 
My WoM has been denied by Judge Chesler (NJ) within a week of filing

I have a very bad news about a writ of mandamus I filed in the Federal district court in Newark, NJ. The judge’s name was Chesler. He has dismissed the case within a week after filing. He mentioned that the court has no jurisdiction over such subjects. He also mentioned that all similar cases would be dismissed as they arrive in the court. Few days ago of my application, he dismissed a very similar case of a Chinese national (Qiu v. Chertoff et al, 2007cv00123) and he referred to the case as a precedence in the dismissal letter.

I am a Canadian national born in India. My case is in EB1 (Outstanding Professors and Researchers) and is pending with USCIS since May 2005. USCIS said that they sent the name check request to FBI in June 2005. Except the FBI name check everything is clear. Does anybody has any suggestions what to do next? I would appreciate any suggestions.
 
r_halder said:
I have a very bad news about a writ of mandamus I filed in the Federal district court in Newark, NJ. The judge’s name was Chesler. He has dismissed the case within a week after filing. He mentioned that the court has no jurisdiction over such subjects. He also mentioned that all similar cases would be dismissed as they arrive in the court. Few days ago of my application, he dismissed a very similar case of a Chinese national (Qiu v. Chertoff et al, 2007cv00123) and he referred to the case as a precedence in the dismissal letter.

I am a Canadian national born in India. My case is in EB1 (Outstanding Professors and Researchers) and is pending with USCIS since May 2005. USCIS said that they sent the name check request to FBI in June 2005. Except the FBI name check everything is clear. Does anybody has any suggestions what to do next? I would appreciate any suggestions.
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Consider hiring a lawyer and file an appeal. That's the only way to stop those dismissals in NJ. During the appeal your case is revieved by a panel of judges so you have a better chance that at least some of the judges have a good reasoning. You have 60 days from the date of order that dismissed your case to file an appeal.
 
Loss in NJ WOMs

Does anyone have a good appeal letter, + Judge Chesler seems partial to USCIS In NJ, how can one ask for 2nd opinion based on cases filed in let's say california, I have filed in trenton,nj under Judge Mary I hope she is not partial.
It shall be frustrating to go all these then you get a Judge who's mind is pre-decided.
Please help
 
ausa

How do you introduce your self to AUSA ? By email or phone?
How do you throw a good pitch or just go straight to the case?
How do you request what you want?
 
sammy19 said:
Does anyone have a good appeal letter, + Judge Chesler seems partial to USCIS In NJ, how can one ask for 2nd opinion based on cases filed in let's say california, I have filed in trenton,nj under Judge Mary I hope she is not partial.
It shall be frustrating to go all these then you get a Judge who's mind is pre-decided.
Please help
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You can ask judge to reconsider his/her decision, but chances are slim.

You do not need a special letter to file a notice of appeal. It's actually pretty simple, like this:

Notice of Appeal to a Court of Appeals From a
Judgment or Order of a District Court

United States District Court for the District of New Jersey
File Number: (your district case number)


XXX, Plaintiff )
v. ) Notice of Appeal
MICHAEL CHERTOFF, ET AL., Defendants )

Notice is hereby given that XXX, plaintiff in the above named case, hereby appeals to the United States Court of Appeals for the Third Circuit from the order (describe the order here, i.e granting Defendants’ Motion to Dismiss)entered in this action on the __ day of ______, 2007.

Dated:
(s) ___________________

XXX, Pro Se
Address

You file it in your district court, as you did for your complaint.

Here is the information for appeal process in NJ (3 rd circuit).
http://www.ca3.uscourts.gov/interne...ssuance of Briefing Schedule/PROSEINFOSHT.pdf
 
lazycis said:
You can ask judge to reconsider his/her decision, but chances are slim.

You do not need a special letter to file a notice of appeal. It's actually pretty simple, like this:

Notice of Appeal to a Court of Appeals From a
Judgment or Order of a District Court

United States District Court for the District of New Jersey
File Number: (your district case number)


XXX, Plaintiff )
v. ) Notice of Appeal
MICHAEL CHERTOFF, ET AL., Defendants )

Notice is hereby given that XXX, plaintiff in the above named case, hereby appeals to the United States Court of Appeals for the Third Circuit from the order (describe the order here, i.e granting Defendants’ Motion to Dismiss)entered in this action on the __ day of ______, 2007.

Dated:
(s) ___________________

XXX, Pro Se
Address

You file it in your district court, as you did for your complaint.

Here is the information for appeal process in NJ (3 rd circuit).
http://www.ca3.uscourts.gov/interne...ssuance of Briefing Schedule/PROSEINFOSHT.pdf
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I am considering filing an appeal as well; My lawyer missed the deadline to a MTD and the judge dismissed the case. Do you have any information on how to do this for central district of california?
 
amedment

what language should i use to write amendment to my opposition to MTD, since i forgot some cases to mention in it earlier, ( the defendants have proposed "order" based on Opinion of Judge Chesler (newark,nj) ...for reference see my case below, i have alread filed opposition...(but not as strong as I could think)
Hence wish to file Amendment how do i do it ? what cases should I mention what opinion/order should I give as attachment with amendment.Please help.
 
Initial Case Management Conference. Help! Thanks.

Dear Everybody,

June 4 is Last day to complete initial disclosures or states objection for my lawsuit case. I have contacted with AUSA, but I believe that she will say Nothing can be disclosured!

Now, I am concerned Initial Case Management Conference. Could some person tell me what I need to prepare for the conference? Please help. Since I do not hire a lawyer, can I ask one my friend to come with me for the Conference? Please tell me what I should do for the Conference? What should I ask? What should I not ask on the Conference?

My case is really frustrated. I filed the opposition to MDT last week,and served to my defendant with Priority mail + deliver confirmation + certified mail + return receipt. USPS can not find where my letter was!

Please help me what I should prepare for the Initial Case Management Conference. I really hope AUSA could tell me something about my case this time.

Best Regards,
Amy
 
MTD Denied BUT remanded to USCIS

The judge today responded to our opposition to MTD favourably :) and noted a few examples. But felt that the court did not have the wherewithall to check on someones background so they remanded it back to the USCIS!!!:mad:
I filed my lawsuit in Nebraska where I have lived for over 18 years lawfully and always in compliance! :confused:

FH

N400 Jan 2004
Interview May 2004
Filed 1447 Jan 2007
30 day extension by ausa then MTD
Filed opp to MTD April 2007
May 2007 - Judge ruled
 
How to serve summons AO 440, for wom pro se

Dear All,

I've already learned and got encourage lots from this forum. I need your help. My I-485 EB2 was filed 2003, July. I am at CT now.

Last week I sent out WOM complaint to court. Today, I went to court and got the summons sealed by the clerk. I was told I have to find a server over 18 yrs old and citizen. I was very concerned about this becaue I just moved to here, I do not have a citizen friend in this city. So I have to find a private sever? I do not want spend that much money for this thing which has depressed very much.

However, I searched the PACER and I found there is one guy served the summons by himself in this court and I called him and got comfirmed. What should I do?

In the seceond page of summon AO 440 (back of the summons), how could I fill out this form if I try to do it by myself?

I will try to send out the summons and complaints tomorrow. I really need someone to help me for these questions.

Thank you very much.

Andrew
 
frank Haan said:
The judge today responded to our opposition to MTD favourably :) and noted a few examples. But felt that the court did not have the wherewithall to check on someones background so they remanded it back to the USCIS!!!:mad:
I filed my lawsuit in Nebraska where I have lived for over 18 years lawfully and always in compliance! :confused:

FH

N400 Jan 2004
Interview May 2004
Filed 1447 Jan 2007
30 day extension by ausa then MTD
Filed opp to MTD April 2007
May 2007 - Judge ruled
Click to expand...

Were you pro-se or attorney ? Did AUSA say anything about your case ? any expedite etc being requested ?
 
andrew_sun said:
Dear All,

I've already learned and got encourage lots from this forum. I need your help. My I-485 EB2 was filed 2003, July. I am at CT now.

Last week I sent out WOM complaint to court. Today, I went to court and got the summons sealed by the clerk. I was told I have to find a server over 18 yrs old and citizen. I was very concerned about this becaue I just moved to here, I do not have a citizen friend in this city. So I have to find a private sever? I do not want spend that much money for this thing which has depressed very much.

However, I searched the PACER and I found there is one guy served the summons by himself in this court and I called him and got comfirmed. What should I do?

In the seceond page of summon AO 440 (back of the summons), how could I fill out this form if I try to do it by myself?

I will try to send out the summons and complaints tomorrow. I really need someone to help me for these questions.

Thank you very much.

Andrew
Click to expand...

Andrew,

No need to spend money for private servers. They charge from $75. You can serve summons with complaint by cerified mail + return receipt requested (small green card).
A small green card will come back to you and you will bring it to court as a proof of service. Check page 1 of this thread for more details. You do not need to fill back page of the summons if you serve by certified mail.
 
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