Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Well, I am too lazy to look for the most recent ones
, but here are the few cases:Tyomkina v. Gonzalez, No. 06-1306, 2006 U.S. Dist. LEXIS 80845 (W.D. Wash. 2006)
Stepchuk v. Gonzales, No. 06-570, 2006 U.S. Dist. LEXIS 84321 (W.D. Wash. 2006)
Aslam v. Gonzales, No. 06-614, 2006 U.S. Dist. LEXIS 91747 (W.D. Wash. 2006)
Said v. Gonzales, No. 06-986, 2006 U.S. Dist. LEXIS 67750 (W.D. Wash. 2006)
Lifshaz v. Gonzales, No. 06-1470, 2007 U.S. Dist. LEXIS 28946 (W.D. Wash. 2007)
Let me know if you need actual orders.
halotinman
Registered Users (C)
Well, I am too lazy to look for the most recent ones
Tyomkina v. Gonzalez, No. 06-1306, 2006 U.S. Dist. LEXIS 80845 (W.D. Wash. 2006)
Stepchuk v. Gonzales, No. 06-570, 2006 U.S. Dist. LEXIS 84321 (W.D. Wash. 2006)
Aslam v. Gonzales, No. 06-614, 2006 U.S. Dist. LEXIS 91747 (W.D. Wash. 2006)
Said v. Gonzales, No. 06-986, 2006 U.S. Dist. LEXIS 67750 (W.D. Wash. 2006)
Lifshaz v. Gonzales, No. 06-1470, 2007 U.S. Dist. LEXIS 28946 (W.D. Wash. 2007)
Let me know if you need actual orders.
Thanks lazycis. I managed to find information on some recent cases from here:
http://dockets.justia.com/search?qu...ear=2006&max-day=23&max-month=7&max-year=2007
halotinman
Registered Users (C)
Question regarding "Stipulation"
I am looking through Yang vs. Gonzales etc case. His suit was filed on 5/25/2007 and the court "ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT" was on 6/15/2007. And by 6/27/2007, a stipulation was filed. What is a stipulation? The stipulation stated that "Plaintiffs and defendants, through their attorneys, hereby stipulate that all defendants have 60 days to answer the complaint from the receipts of the summons."
I thought when the summons were sent, it was already stated that they have 60 days to answer to the complaint. Why is it necessary to have a stipulation?
Thanks!
I am looking through Yang vs. Gonzales etc case. His suit was filed on 5/25/2007 and the court "ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT" was on 6/15/2007. And by 6/27/2007, a stipulation was filed. What is a stipulation? The stipulation stated that "Plaintiffs and defendants, through their attorneys, hereby stipulate that all defendants have 60 days to answer the complaint from the receipts of the summons."
I thought when the summons were sent, it was already stated that they have 60 days to answer to the complaint. Why is it necessary to have a stipulation?
Thanks!
Pending N400; A-file Transfer
Hi,
I am desparate to complete my naturalization and I am asking for your help and advise.
My case:
1. Applied on November 6th, 2006
2. Fingerprinted in December 2006
3. Interviewed on February 2007
4. Case pending due to delays in A-file transfer from Vermont Service Center to NY field office. Immigration officer that he is only waiting for that to complete the case and that I will be done in about two months.
5. 120 days were up in June 2007
6. I have written letters to immigration officer --> no response
7. I called USCIS in May 2007 and asked them for case status update. They sent me the letter in the mail asking me to call them back if they don't get back to me within 6 months.
8. As soon as the case was outside processing times (on website it is noted that they are now processing Applications with priority date Dec 12, 2006, and as you can see I applied in November 2006), I called them again and asked for status update. Since the case was now outside of processing time, the immigration officer on the phone created referral and asked for update to be sent to me.
9. Update was sent to me around June 15, and in that letter now I was told that USCIS shouuld get back to me within 60 days.
It looks like they just keep sending me letters that state that they will respond within xx days, and if they don't bla bla bla I should call them back.
WHAT DO I NEED TO DO PLEEEEAAASSSSEEE???????
I WANT TO FIGHT THIS.
Should I wait? Should I write to senators, congressmens? Should I take them to the court? If I take them to the court, should I hire a lawyer?
Hi,
I am desparate to complete my naturalization and I am asking for your help and advise.
My case:
1. Applied on November 6th, 2006
2. Fingerprinted in December 2006
3. Interviewed on February 2007
4. Case pending due to delays in A-file transfer from Vermont Service Center to NY field office. Immigration officer that he is only waiting for that to complete the case and that I will be done in about two months.
5. 120 days were up in June 2007
6. I have written letters to immigration officer --> no response
7. I called USCIS in May 2007 and asked them for case status update. They sent me the letter in the mail asking me to call them back if they don't get back to me within 6 months.
8. As soon as the case was outside processing times (on website it is noted that they are now processing Applications with priority date Dec 12, 2006, and as you can see I applied in November 2006), I called them again and asked for status update. Since the case was now outside of processing time, the immigration officer on the phone created referral and asked for update to be sent to me.
9. Update was sent to me around June 15, and in that letter now I was told that USCIS shouuld get back to me within 60 days.
It looks like they just keep sending me letters that state that they will respond within xx days, and if they don't bla bla bla I should call them back.
WHAT DO I NEED TO DO PLEEEEAAASSSSEEE???????
I WANT TO FIGHT THIS.
Should I wait? Should I write to senators, congressmens? Should I take them to the court? If I take them to the court, should I hire a lawyer?
andrew_sun
Registered Users (C)
Congratulations! Angtus.
It is a long way for your application. Could you please post you case number so that we may refer to your sucess.
AS
It is a long way for your application. Could you please post you case number so that we may refer to your sucess.
AS
andrew_sun
Registered Users (C)
Should I do MSJ or wait another 2 more months?
Hi, Dear All,
My I-485 application has been pending for 4 years due to NC.
I filed my WoM May 22;
AUSA file Motion to dismss on July 3;
The court set hearing to Sep 26;
I filed my Opposition on July 19;
It is already 2 months pasted and I did not hear any progress except the MTD. There is another two more months for the hearing. I contacted AUSA and she told me she has contacted the USCIS and FBI. But she refused to told me if she asked expidition process for me or USCSI/FBI agreed to do so.
Now I am considering if the AUSA is just wasting my time for another 2-4 months. I am thinking if I should file MSJ to court or find any other way to against the USCIS/FBI continuing delay.
I will appreciate your advice.
A.S.
Hi, Dear All,
My I-485 application has been pending for 4 years due to NC.
I filed my WoM May 22;
AUSA file Motion to dismss on July 3;
The court set hearing to Sep 26;
I filed my Opposition on July 19;
It is already 2 months pasted and I did not hear any progress except the MTD. There is another two more months for the hearing. I contacted AUSA and she told me she has contacted the USCIS and FBI. But she refused to told me if she asked expidition process for me or USCSI/FBI agreed to do so.
Now I am considering if the AUSA is just wasting my time for another 2-4 months. I am thinking if I should file MSJ to court or find any other way to against the USCIS/FBI continuing delay.
I will appreciate your advice.
A.S.
Thanks w&w. I tried to respond to your message but the site was down the whole weekend. So about this production documents, is there a sample JSR that you can point to me. It would be helpful if I can see in detail how other people present this.
I guess the only thing I care about is whether the judge been pointed to work on the case makes more decisions that are friendly to the plaintiffs in this kind of cases. I looked at the pacer site and can't find out how to do a search by judge.
Did you have only one conference or was it on going - a couple of times in a couple of days?
Would you mind to share your JSR and the reason you either agree or disagree with the defendants? If you prefer, I can talk to you on the phone or in email.
Thanks and have a good night!
Last edited by a moderator:
Mmmm, you got me. But here are how I would do:
1. Search by "Nature of Suit". In my case, I'm doing WOM for my 485, so I use 890. Make sure that you limit the rearch by dates, or you'll have tons of results. You may also limit by status, e.g., only look at closed cases.
2. Search by the name of the AUSA that is working on your case.
When you have the results, look through each one. I would look at the latest first and would check the Summary page first to make sure that it is what I am interested.
worried2007
Registered Users (C)
lawsuit
same thing is happenin to me they are still transferring my A file from nebraska but i dont hit my 120 days until october 18 as i passes my interview on june 18 but if i dont get oath by end of october the only route is to sue uscis so they do their job.
why dont u file a 1447 b if ur 120 days have passes dont wait, waiting is not the answer , alot of people have filed and got positive reults as u see.
another question to u is did ur name check clear?
same thing is happenin to me they are still transferring my A file from nebraska but i dont hit my 120 days until october 18 as i passes my interview on june 18 but if i dont get oath by end of october the only route is to sue uscis so they do their job.
why dont u file a 1447 b if ur 120 days have passes dont wait, waiting is not the answer , alot of people have filed and got positive reults as u see.
another question to u is did ur name check clear?
From the info in this forum and others it looks like it is sufficient to push USCIS through your Congressman, Senator and the First Lady as long as the FBI has cleared your security check. It appears that letters form their offices on the applicant’s behalf accelerate adjudication in most cases. I would write to all of them and see if their inquiries with USCIS help clear your case. If not – you will have great exhibits and strong case for filing 1447b later.
Best of luck,
snorlax
I don't remember where I got this line from but here's what I sent to the AUSA about discovery
"Plaintiff anticipates minimal discovery requests that may include written interrogatories and request for production of documents.".
I don't think different judges matter in this kind of cases. So far 4 MTDs have been dismissed in our district by 3 different judges. No decisions have been made on MSJs. I'm keeping my eyes on 3 cases (07-0083, 07-0103, 07-0122) that are at the MSJ step.
There was only one and it took 15 minutes. I did talk to the AUSA the day before. Take the chance to ask questions if you didn't talk to AUSA before the conference.
Besides the discovery plan, the only other significant thing is that I put this under the ADR method:
"Plaintiff agrees that this case is not amendable to ADR, as it is extremely unlikely that this type of immigration proceeding can be settled. Plaintiff suggests that the Court issue a proposed briefing schedule setting forth the dates for the filing of summary judgment motions and any responses thereto."
Since my AUSA told me that he will file MTD, I ask the court to set dates for summary judgment motions hoping that things can move faster. I saw this in a case (JSR attached) filed by a professional. If you think the AUSA is working on your case and it can be resolved before MTD, you might want to do it differently. It seems to me that the due date for dispositive motions set by the court is usually quite late. That means the government can wait longer before they file MTD.
8 USC 1154(j) portability case
In this recent decision from the 6th Circuit the court touches I-140/485portability provision issues. The petitioner changed jobs 2 months after I-485 was filed yet the Court of Appeals did not rule that portability provision does not apply. The Court also pointed that USCIS still does not have regulations in place for portability provision (6 years after AC21 became a law). Sounds like USCIS cannot deny employment-based I-485 just because a person changed jobs.
http://www.ca6.uscourts.gov/opinions.pdf/07a0219p-06.pdf
In this recent decision from the 6th Circuit the court touches I-140/485portability provision issues. The petitioner changed jobs 2 months after I-485 was filed yet the Court of Appeals did not rule that portability provision does not apply. The Court also pointed that USCIS still does not have regulations in place for portability provision (6 years after AC21 became a law). Sounds like USCIS cannot deny employment-based I-485 just because a person changed jobs.
http://www.ca6.uscourts.gov/opinions.pdf/07a0219p-06.pdf
worried2007
Registered Users (C)
im still waiting
lazycis
im still waiting for my oath letter after my interview june 18 and they told me that they are still waiting for my A file to transfer from Nebraska to detroit.
i called customer service today and what the IO told me all u have to do is wait , USCIS will not work on ur calendar u have to work on theirs , how conveinant.
what do u suggest i would do?
is it safe to file a lawsuit after the 120 days pass or should i just wait indefinetly?
i know people that went for interview and in 1 month got their oath ?
any info is greatly appreciated
lazycis
im still waiting for my oath letter after my interview june 18 and they told me that they are still waiting for my A file to transfer from Nebraska to detroit.
i called customer service today and what the IO told me all u have to do is wait , USCIS will not work on ur calendar u have to work on theirs , how conveinant.
what do u suggest i would do?
is it safe to file a lawsuit after the 120 days pass or should i just wait indefinetly?
i know people that went for interview and in 1 month got their oath ?
any info is greatly appreciated
Halotinman,
On Justia for your district, look either for "petition for Naturalization" or Mandamus (or "complaint for mandamus") in the nature. What I did, I scrolled through pending cases and looked in each case right hand column where it lists nature of suit. You will also pretty much know it if you look at the list of defendants- they should be our usual suspects.There's no such categories on Pacer so you may not be able to access these through "search" (I wasn't able to do it). The drawback is you have to do it manually...Once you find one, then you can look up its details by pushing "docket report" or case history and pay Pacer for accessing filed docs.
Good luck!
Our case update
Yesterday we received the letter from CIS that my husband's oath is scheduled for August 22. Looks like they do move after stipulation and the AUSA's promise.
This question is to members who have "been there, done that" (I mean the Oath ceremony) The letter asks to list any offenses (including traffic violations) but does NOT ask to provide any docs. Since the date of his N-400 interview (May 04) my husband had one speeding ticket and one parking ticket (both paid and driving school passed for the speeding). For the driving school we have his certificate, but I can't find his parking ticket or receipt. Do you think we really need to try to get a proof of his paid parking receipt? I remember Paz and other members mentioned that they brought the paid receipts to the ceremony. However, the form does not request to supply any documents, or receipts of paid fines. Also, we traveled three times to Europe (for a 10-14 days vacations each). Do you think his passport (his current citizenship country) with stamped dates of travel and visa attached would be sufficient? I think Paz said he wrote a list of all his travel, would that be necessary?
I'll appreciate any feedback...
As for the legal process, today is the deadline for our "meet and confer" and paralegal told me yesterday that nothing else is needed to file since the "stipulation to dismiss has been filed already". I have no other confirmation that this is correct but hope it is. Judge hasn't signed it into an order but hopefully she will soon.
Yesterday we received the letter from CIS that my husband's oath is scheduled for August 22. Looks like they do move after stipulation and the AUSA's promise.
This question is to members who have "been there, done that" (I mean the Oath ceremony)
The letter asks to list any offenses (including traffic violations) but does NOT ask to provide any docs. Since the date of his N-400 interview (May 04) my husband had one speeding ticket and one parking ticket (both paid and driving school passed for the speeding). For the driving school we have his certificate, but I can't find his parking ticket or receipt. Do you think we really need to try to get a proof of his paid parking receipt? I remember Paz and other members mentioned that they brought the paid receipts to the ceremony. However, the form does not request to supply any documents, or receipts of paid fines. Also, we traveled three times to Europe (for a 10-14 days vacations each). Do you think his passport (his current citizenship country) with stamped dates of travel and visa attached would be sufficient? I think Paz said he wrote a list of all his travel, would that be necessary?I'll appreciate any feedback...
As for the legal process, today is the deadline for our "meet and confer" and paralegal told me yesterday that nothing else is needed to file since the "stipulation to dismiss has been filed already". I have no other confirmation that this is correct but hope it is. Judge hasn't signed it into an order but hopefully she will soon.
Congratulations!!
Hello Shvili, Paz, Lazycis and all other members!
Shvili, congratulations to you and your husband. You have worked very hard one this and I am really very happy for your victory.
Yes, I think it is a good idea to call your local DMV office and ask them if they could send the proof that you have paid for that ticket. You are going to answer "YES" to that question in the oath letter, so they may ask you to show that you paid. For me, I answered no to all questions, so they did not ask me anything, but I remember, they were asking for some documents for some people who answered "Yes". It also depends who is the supervisor of that oath ceronomy. I mean is she/he strict or not. And also for travel, you should bring everything and if you went to any country in Europe where you did not get stamped, just write it down and tell them. Otherwise, if you have stamp, you husband should be fine as long as he brings his passport there. Good luck to you and your husband!! And best of luck to all those still fighting!!! regards, dude
Yesterday we received the letter from CIS that my husband's oath is scheduled for August 22. Looks like they do move after stipulation and the AUSA's promise.
This question is to members who have "been there, done that" (I mean the Oath ceremony)
I'll appreciate any feedback...
As for the legal process, today is the deadline for our "meet and confer" and paralegal told me yesterday that nothing else is needed to file since the "stipulation to dismiss has been filed already". I have no other confirmation that this is correct but hope it is. Judge hasn't signed it into an order but hopefully she will soon.
Hello Shvili, Paz, Lazycis and all other members!
Shvili, congratulations to you and your husband. You have worked very hard one this and I am really very happy for your victory.
Yes, I think it is a good idea to call your local DMV office and ask them if they could send the proof that you have paid for that ticket. You are going to answer "YES" to that question in the oath letter, so they may ask you to show that you paid. For me, I answered no to all questions, so they did not ask me anything, but I remember, they were asking for some documents for some people who answered "Yes". It also depends who is the supervisor of that oath ceronomy. I mean is she/he strict or not. And also for travel, you should bring everything and if you went to any country in Europe where you did not get stamped, just write it down and tell them. Otherwise, if you have stamp, you husband should be fine as long as he brings his passport there. Good luck to you and your husband!! And best of luck to all those still fighting!!! regards, dude
Check this post
http://boards.immigration.com/showthread.php?p=1733461#post1733461
Basically, they cannot justify such delay by A-file transfer. They have to proceed using T-file (temporary file) if A-file is not received within 30 days. Prepare and file 1447b suit, it will cost you $350+mailing expenses, but you will see the results very quickly.
There is no need to write to senators/etc as it is not necessary to exhaust administrative remedies for 1447b suit.