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

Going for it in LA; questions

Hi Guys!

I am going to file under 1447b here in LA on Friday. I've been reading through this forum on and off and have a couple of questions particularly for locals.

a) Is the civil cover sheet something I download from the district website or do I create it?

b) Do I get a docket number once I submit my complaint to the court?

c) Is the docket number the same as a case number?

d) Is the "certificate of service" a form I download or acquire from the court or is it something I create? I understand that it needs to be sent to the defendants when I send them my complaint and to the court when I send the defendants' my complaint. Is this correct? Does this certificate need to be notarized and/or signed by someone at the court?

e)I would like to file my complaint with the court in person; is Pasadena the most obvious physical location to do this, being in LA?

f) I know this question has been asked a gazillion times but I am still not clear on it. I am not naming the US attorney general as a defendant but am submitting a copy of my complaint with his office, and its local satellite. I understood the US attorney general to be the attorney for any US govt agency, and the DHS counsel to be specific for USCIS. I plan on sending all three aforementioned entities copies of the complaint, but am not naming any of these three as defendants. Is this correct?

g) a couple of people mentioned writing the First Lady's office. Can someone please provide me with that contact info as I haven't been able to find it?

Thank you thank you thank you, all for all your help, and all the very best to you!!!
 
fightback said:
The DA has utill June 21st.

Can you tell me what is the DA means? Sorry for such simple question. Thanks.
Click to expand...
generally it is used to reffer to the disrict attorney, but in this foum it is commonly used to reffer to the US attorney.
 
femme said:
Hi Guys!

I am going to file under 1447b here in LA on Friday. I've been reading through this forum on and off and have a couple of questions particularly for locals.

a) Is the civil cover sheet something I download from the district website or do I create it?

b) Do I get a docket number once I submit my complaint to the court?

c) Is the docket number the same as a case number?

d) Is the "certificate of service" a form I download or acquire from the court or is it something I create? I understand that it needs to be sent to the defendants when I send them my complaint and to the court when I send the defendants' my complaint. Is this correct? Does this certificate need to be notarized and/or signed by someone at the court?

e)I would like to file my complaint with the court in person; is Pasadena the most obvious physical location to do this, being in LA?

f) I know this question has been asked a gazillion times but I am still not clear on it. I am not naming the US attorney general as a defendant but am submitting a copy of my complaint with his office, and its local satellite. I understood the US attorney general to be the attorney for any US govt agency, and the DHS counsel to be specific for USCIS. I plan on sending all three aforementioned entities copies of the complaint, but am not naming any of these three as defendants. Is this correct?

g) a couple of people mentioned writing the First Lady's office. Can someone please provide me with that contact info as I haven't been able to find it?

Thank you thank you thank you, all for all your help, and all the very best to you!!!
Click to expand...
some of these question can be better answered by some one who have filed in this district.
you dont name the us attorney as a deffendent, but you can name the attorney general as one if you shoose to, since he is the FBIS boss, but it is optional some poeple do , some dont.
you have to name DHS secretary, and the USCIS director, and the lolcal uscis office director too, i mean you dont have to name them by names, byut you have to name their official titles at least, because you are sung them int heir official capacities.
and in addition to the DHS general counsel, and the us Attorney, you have to send a copy of your complaint, with the SUmmons from to each and every other deffendetn you name in your suit.you can find any one in the white house's contact front he white houst website, whiltehouse.gov , but generally thats is not betetr than writing to your congressman/woman , or senetor, but you can try it, i dont think that you have much too loose.
civil cover sheet, can be dowloaded from any federal court website, it is also available at any clrek desk, you wait till you go to file ,a nd fill one out.
the certifical of service, is just some you write indicating that you have send the summos and teh complaint by certified mail, to the deffendent, but the summos are given by the court clerk, after they stamp them, you take capy , and send the original to the deffendet
 
I just ran a search and my case is on pacer now, two days after I signed up. It indicated that the US attorney's response date is 07/21/06. I will keep you guys posted.
By the way, does this mean my case can be viewed by the whole world? Not that I have something to hide, it is just that I feel a bit unprotected to be so exposed.
 
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be worry-free. Pacer is expensive. So one's curiosity will be offset
by the thinness of his pocket.

verywang said:
I just ran a search and my case is on pacer now, two days after I signed up. It indicated that the US attorney's response date is 07/21/06. I will keep you guys posted.
By the way, does this mean my case can be viewed by the whole world? Not that I have something to hide, it us just that I feel a bit unprotected to be so exposed.
Click to expand...
 
boston_case said:
Below is the news I got from www.immigration-law.com

05/23/2006: Rising Hope of S. 2611 Passage in the Senate Thursday 05/25/2006

As opponents in the Senate admitted their defeat, the hope is rising that the bill may pass as early as day after tomorrow in the Senate. Please stay tuned.

So when should we expect is to happen ? If seems that every option for legal citizenship seeker is getting blocked.

My 121 st day happens on 8/15 (N400 Boston background check stuck)
Click to expand...


Hi,
What does it mean for those has filed their complaints? Suzy/BigK, Mohamed your thoughts?

Best Regards
 
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Enactment of the S.2611 bill

sfaizullah said:
Hi,
What does it mean for those has filed their complaints? Suzy/BigK, Mohamed your thoughts?

Best Regards
Click to expand...

Here is the web site http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf

which tells how a Senate bill becomes a law. If we assume that Senate passes this bill on May 25th then there will be a process of appointing a Conference Committe. Then this should go in the House of Representatives and might go back and forth because of its emornous length and sensstivity. Then it goes to President for final signature.

I hope it takes enough time before all the people waiting to file a lawsuit could
do so.

What is your take Gurus...Suzy/BigK, Mohamed ? My belief is those who have
already filed should be all set.
 
boston_case said:
Here is the web site http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf

which tells how a Senate bill becomes a law. If we assume that Senate passes this bill on May 25th then there will be a process of appointing a Conference Committe. Then this should go in the House of Representatives and might go back and forth because of its emornous length and sensstivity. Then it goes to President for final signature.

I hope it takes enough time before all the people waiting to file a lawsuit could
do so.

What is your take Gurus...Suzy/BigK, Mohamed ? My belief is those who have
already filed should be all set.
Click to expand...

I seem to agree. Also president is saying that he wants to sign it around Thanksgiving time.

But it is so devastating to see how fast congress is moving for illegal immigrants when they don't care about legal immigrants. I guess that it all boils down where the interests of lobbyiests/congressmen lie.
 
boston_case said:
Here is the web site http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf

which tells how a Senate bill becomes a law. If we assume that Senate passes this bill on May 25th then there will be a process of appointing a Conference Committe. Then this should go in the House of Representatives and might go back and forth because of its emornous length and sensstivity. Then it goes to President for final signature.

I hope it takes enough time before all the people waiting to file a lawsuit could
do so.

What is your take Gurus...Suzy/BigK, Mohamed ? My belief is those who have
already filed should be all set.
Click to expand...

I would not worry if you have already filed, or if you file before the President signs this bill into law.

In most cases, laws such as this do not affect actions taken before the law was enacted.
 
Thank you to all of you who congratulated me and others. I was away for work for a couple of days and the thread grew by almost 20 pages. WOW! I'm sure I missed quiete a few questions I could have answered or at least tried to answer. Sorry :)

Anyway, AUSA contacted me and told me that I might have to take FPs again. That is BS and I faxed her the fingerprint letter that shows that my FPs should be valid through the end of September. Gotta call her when I come back home and see what's going on. One thing I wanna make sure is that it's also the USCIS who tell her than my name check is in, not just FBI. I don't wanna be stuck in the situation where FBI clears everything and USCIS doesn't update their database. I'll keep you posted.

The people I really feel for are the ones who haven't had their interview or will be filing afer the immigration bill is passed. Those folks will have one hell of a time trying to push their cases if they are stuck in the name check hell. We (the ones who filed 1447bs) got lucky that the USCIS gave us an opportunity to sue them. Now they are trying to change the rules to continue doing things the old way. And this really isn't the solution and you gotta be blind not to see it.

By the way, when I talked to AUSA the first time, she mentioned the immigration bill and also mentioned that it won't affect my case. So, I guess as long as you have filed, there is nothing they can do. Unless of course they make it somehow retroactive in the final version.
 
boston_case said:
Here is the web site http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf

which tells how a Senate bill becomes a law. If we assume that Senate passes this bill on May 25th then there will be a process of appointing a Conference Committe. Then this should go in the House of Representatives and might go back and forth because of its emornous length and sensstivity. Then it goes to President for final signature.

I hope it takes enough time before all the people waiting to file a lawsuit could
do so.

What is your take Gurus...Suzy/BigK, Mohamed ? My belief is those who have
already filed should be all set.
Click to expand...

I would not worry if you have already filed, or if you file before the President signs this bill into law.

In most cases, laws such as this do not affect actions taken before the law was enacted.
 
That's what in the House Bill

RealSuperK said:
Unless of course they make it somehow retroactive in the final version.
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that passed in December, and that's why the best thing for all of us is there is no bill at all. Many of you voiced concerns regarding the bill for the illegals, now the reality is that this "new American way" shows compassion to the illegals and penalizes the law abiding people, how stupid is that, go figure!

Balto.
P.S. Don't know if you remember back around the Easter I was so worried about the Senate passing the bill before recession, thank god they did not, just can't believe that they picked it up again so quickly.
 
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Return of Service

Hi,
Do I send original or copies of certified mail receipts and also of the delivery confirmation card (return receipt) with Return of Service?

Best Regards
 
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lt1GM said:
Thanks Mr LA! I filed under 1447(b), and I sued M. Chertoff (DHS), Robert Mueller (FBI), Director and District Director of USCIS. Hope this helps!
Click to expand...

It1GM,
what is USCIS Director mailing address??
 
Update on my case

I got two LUDs on the day before yesterday and yesterday. and the message changed to like "we received your I-485 application today and it usually takes 360-564 days to process kind of case, etc." Is it a good sign? I filed WOM on April 6 and then served summons to the defendants and local US attorney, the answer is due on June 13 from local US attorney.

Mr LA said:
It1GM,
what is USCIS Director mailing address??
Click to expand...
 
Hello

femme said:
Hi Guys!

I am going to file under 1447b here in LA on Friday. I've been reading through this forum on and off and have a couple of questions particularly for locals.

I have filind last monday, and there is NO filing Fee for 1447b, just ask the clerk.

a) Is the civil cover sheet something I download from the district website or do I create it?

Yes, from here "CV-071": http://www.cacd.uscourts.gov/CACD/Forms.nsf/Forms?OpenView&Start=1&Count=500&Expand=4#4

b) Do I get a docket number once I submit my complaint to the court?

Yes, If you have time. To wait for 10 or 15 mins

c) Is the docket number the same as a case number?

Yes

d) Is the "certificate of service" a form I download or acquire from the court or is it something I create? I understand that it needs to be sent to the defendants when I send them my complaint and to the court when I send the defendants' my complaint. Is this correct? Does this certificate need to be notarized and/or signed by someone at the court?

You can get it from here too:"CV-001 "
http://www.cacd.uscourts.gov/CACD/Forms.nsf/Forms?OpenView&Start=1&Count=500&Expand=4#4

e)I would like to file my complaint with the court in person; is Pasadena the most obvious physical location to do this, being in LA?

I live in south bay, and I filed in downtown.

f) I know this question has been asked a gazillion times but I am still not clear on it. I am not naming the US attorney general as a defendant but am submitting a copy of my complaint with his office, and its local satellite. I understood the US attorney general to be the attorney for any US govt agency, and the DHS counsel to be specific for USCIS. I plan on sending all three aforementioned entities copies of the complaint, but am not naming any of these three as defendants. Is this correct?

I have named: “according to ailf advice”

Alberto R. Gonzales, Attorney General of the United States;
Michael Chertoff, Secretary of DHS;
Emilio T. Gonzalez, USCIS Director ;
Jane Arellano, Los Angeles District Director of USCIS.

g) a couple of people mentioned writing the First Lady's office. Can someone please provide me with that contact info as I haven't been able to find it?

Don’t bother. Court is faster

I wish you the best :)


Thank you thank you thank you, all for all your help, and all the very best to you!!!
Click to expand...
 
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wang,

did you pay $350 to the Boston court?
some people said 1447b is for free.

please advise
rob


verywang said:
I just ran a search and my case is on pacer now, two days after I signed up. It indicated that the US attorney's response date is 07/21/06. I will keep you guys posted.
By the way, does this mean my case can be viewed by the whole world? Not that I have something to hide, it is just that I feel a bit unprotected to be so exposed.
Click to expand...
 
72 hour response from FBI

I remember seeing something on this thread a week or two ago about a congressional testimony that FBI is able to clear a name check within 72 hours, I went back and searched for it again but could not find it, can someone lead me to it.
Thank you
 
AL11 said:
I remember seeing something on this thread a week or two ago about a congressional testimony that FBI is able to clear a name check within 72 hours, I went back and searched for it again but could not find it, can someone lead me to it.
Thank you
Click to expand...


I hope this is help :)
 
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