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

mohamedmohamed said:
please note in the last page of the attached document, how the attorney filed a certificate of rservice, and singed it, then he wont need to return any grean, or yellow ( or any other receipt of any color)receipt card to the court,it is what i strated to do, and i recommend it, and you can aleays keep your greed receipt in case some one tried to say they didnt get served

intersting document, did you notice the cases quoted and what the name pattern of the plaintiffs?
I actually talked to this lawyer over the phone couple of times already, and over the phone i was not too impressed but he looks impressive on paper, I may need to go and meet with him personally for my case
 
Omda said:
Hello all,

anyone know what is the office mailing address for Emilio T. Gonzalez, Director of USCIS?

Hello Omda ,

That is what i used

Emilio Gonzalez
USCIS Director
U.S. Citizenship and Immigration Services
United States Department of Homeland Security
Office of the Chief Counsel
20 Massachusetts Avenue, N.W. Room 4025
Washington, DC 20529

wish you the best.
 
AL11 said:
intersting document, did you notice the cases quoted and what the name pattern of the plaintiffs?
I actually talked to this lawyer over the phone couple of times already, and over the phone i was not too impressed but he looks impressive on paper, I may need to go and meet with him personally for my case
am just saying that filing a certificate of service is a standard in all the court document i have seen, so i dont knopw why they should refuse o accept it, you should review you local civl procedures rules, unless they explicitly say it is not acceptable, you should be able to do it
 
Certificate of interested parties

I was ordered by the judge to file a certificate of interested parties!!!!!
has anyone filed such a thing....????
 
Balto said:
Feel free to drop me a line, I am also in the learning process, so let's help each other. This is what this forum is all about. Not many people from MD here, or at least not many are talking :D

There is only one known successful case in MD, his user name is marylander, filed around 12/27/05, oath 4/14/06. Let's keep each other posted for the progress so we will have some idea about how things going in MD. My time line is in my signature, I recommend that you add yours to the signature as well :)

Good luck to all of us in this dreadful journey.

Balto.

Balto,

Since I sent the lawsuit papers yesterday, I'm waiting for the court to send back the summon so I can mail it out to the defendants.

The only question I have so far is how many copies of the complaint did you send out for each defendant? The instructions said 5 copies if it's a government agency, and to me it was a little confusing.

Also this lawyer guy that I know said that sometimes they don't sign the mail certificate for some reason. Apparently they don't want to receive it.
Did you send your summons through certified mail, or did you use one of those personal delivery services?

It's good to know that there's a least somebody in the area, doing the same thing.

Regards
 
To Screamingeagle

could you please tell us why the da asked for an extention,what reason did he tell the judge when he asked for this 30 days? thanks alot....
 
amad said:
could you please tell us why the da asked for an extention,what reason did he tell the judge when he asked for this 30 days? thanks alot....

Hello amad,
The DA was working to resolve the case. Below are his reasons for extesion:

.....and hereby respectfully moves
this Honorable Court for a thirty (30) day extension of time
(until June 21, 2006) to respond to the Plaintiff’s Petition. As
grounds therefor
, it is stated:
1. Below signed counsel has been in contact with all
necessary agencies and progress has been made on the questions
raised in the Plaintiff’s Petition.
2. Below signed counsel still does not have in hand all
necessary documentation to properly respond the said petition.
3. While not guaranteed, it is possible, if given the
extended time requested, that all issues may be resolved
 
gzmbk1 said:
Balto,

Since I sent the lawsuit papers yesterday, I'm waiting for the court to send back the summon so I can mail it out to the defendants.

The only question I have so far is how many copies of the complaint did you send out for each defendant? The instructions said 5 copies if it's a government agency, and to me it was a little confusing.

Also this lawyer guy that I know said that sometimes they don't sign the mail certificate for some reason. Apparently they don't want to receive it.
Did you send your summons through certified mail, or did you use one of those personal delivery services?

It's good to know that there's a least somebody in the area, doing the same thing.

Regards
i only sent one copy of the complaint to each deffendent,
but it could different ion your district.could you please tell us why the da asked for an extention,what reason did he tell the judge when he asked for this 30 days? thanks alot....
25th May 2006 09:07 AM

am not him, but i can tell that ther eason they asked for extentions, is 1- they dont have any good explanation as to why they didnt finish his case, 2- they are hopping they might get it done before the 30 day, they dont have to look embarraced in front of the judge.
I was ordered by the judge to file a certificate of interested parties!!!!!
has anyone filed such a thing....????

i have nver heard of that, but there must be something explaining what it is , either in the jusdge order, or the court local rules.
 
Balto and gzmbk1

gzmbk1 said:
The only question I have so far is how many copies of the complaint did you send out for each defendant? The instructions said 5 copies if it's a government agency, and to me it was a little confusing.
I mailed the summons and complaints yesterday. My case was assigned to judge Peter J. Messitte. How about you?

I asked the clerk about the 5 copies. She said that I need 2 copies for the Attorney General, 2 for US Attorney, and 1 for every defendent. So she took 8 copies of summons and complaints from me.

Emily
 
gzmbk1, # of copies of the complaint

gzmbk1 said:
Balto,

Since I sent the lawsuit papers yesterday, I'm waiting for the court to send back the summon so I can mail it out to the defendants.

The only question I have so far is how many copies of the complaint did you send out for each defendant? The instructions said 5 copies if it's a government agency, and to me it was a little confusing.

Also this lawyer guy that I know said that sometimes they don't sign the mail certificate for some reason. Apparently they don't want to receive it.
Did you send your summons through certified mail, or did you use one of those personal delivery services?

It's good to know that there's a least somebody in the area, doing the same thing.

Regards

That too was my issue, since it's not so clear how many copies the court needs, I decided to make 15 copies plus the original of the complaint, 2 copies of the summons for EACH defendant, and I went to the court in person. I have 5 defendants (A. Gonz; M Chert; E. Gonz; R. Mueller and the local CIS R. Caster something :rolleyes: ) plus the US Attorney. The clerk took 8 copies of the complaint plus the original, 2 copies EACH of the summons for A. Gonz. and the US Attorney, 1 copy of each for the rest of the defendants. 6 days after filing I got back the package from the court with 8 complaints. Obviously 2 copies are needed for A. Gonz. and US Attorney, 1 copy for the rest. Mailed out the next day by certified mail with return receipt AND restricted delivery (required by court order that came with the package), and damn it, $50+, oh well, what the heck. So far I got only 2 return receipts back and I know all are delievered. So I will wait another couple of days before I go to court again to file for the return service.

Regards,

Balto
 
breezyemily, thought you went to hibernate,,,,,

breezyemily said:
I mailed the summons and complaints yesterday. My case was assigned to judge Peter J. Messitte. How about you?

I asked the clerk about the 5 copies. She said that I need 2 copies for the Attorney General, 2 for US Attorney, and 1 for every defendent. So she took 8 copies of summons and complaints from me.

Emily
Good to hear from you again :D :D :D Judge Andre M. Davis was the name on the court order that came back in the mail. Also, in the order, I was given the name of the US Attorney, Rod Rosenstein with a Baltimore address to serve, but in the summons I prepared I had no name on it, just the US A and the address I put there was in Greenbelt, so I have to change that before serving. Maybe I should have filed in Greenbelt, don't know if there will be a difference in the outcome. :confused:

Balto
 
ready to file

hello everybody

iam done writing the claimand iam ready to file, i called the clerck yesterday to ask about summons and he suggest i sign a waiver to give defendants 60 days to reply.

any one know anything about that, please advice

thanks
 
syt said:
Sakun,

I talked to couple lawyers in San Francisco Bay Area. But, no one would like to accept the case of 1447(b) complain. How much you need to pay to lawyer for this case?

syt,

Somebody in this forum highly recommended Justin X. Wang (415) 576-9923.

This attorney filed a 1447(b) petition the next day after talking to the client and got the client's N400 approved right away. He also doesn't make you pay the whole amount up front. First, you pay only for the 1447(b) petition filing. Then, if the matter is not resolved, you pay for discovery process. Then, if the matter goes to trial, you pay for the trial work.

I hope this helps. I am going to file my petition in San Francisco but will do it Pro Se. Wish you lots of good luck.
-------------

4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
3/1/06 - 1st Status letter from USCIS: pending FBI background check
4/20/06 - Contacted Congresswoman's office (response: "You misunderstood the 120-day rule. FBI can take as much time as they want to do the background investigation.")
5/8/06 - 2nd Status letter from USCIS: pending FBI background check
5/22/06 - Sent an FOIPA case status request to the FBI
Present - Preparing my 1447(b) Petition
 
Balto said:
Good to hear from you again :D :D :D Judge Andre M. Davis was the name on the court order that came back in the mail. Also, in the order, I was given the name of the US Attorney, Rod Rosenstein with a Baltimore address to serve, but in the summons I prepared I had no name on it, just the US A and the address I put there was in Greenbelt, so I have to change that before serving. Maybe I should have filed in Greenbelt, don't know if there will be a difference in the outcome. :confused:

Balto
When I called the US Attorney's office, I was told that the Greenbelt one handles criminal case only. Baltimore handles civil case. So in our case you can file at Greenbelt or Baltimore. The US attorney's office is always the same: the one in Baltimore.
I only went to St. Michael's. Gorgerous view. watched sunset everyday at dinner.
 
Thanks

Screaming_Eagle said:
Hello amad,
The DA was working to resolve the case. Below are his reasons for extesion:
THANK YOU SO MUCH FOR YOUR ANSWER I WISH YOU AND ALL OF US SUCESS INSHALLAH...
 
hey rob:
I did a search on pacer and found out there were only 5 cases of 1447(b) since may 2005 in Boston. 3 were resolved(it takes 3,3,6 months respectively) and 2 pending.
perhaps the 29 people's class action case is not there.
do you know how soon I should expect to know who is the US attorney assigned to my case?
wang

rob waiter said:
sure, wang, money talks!
I bet you will hear the good news in 30 days.
rob
 
breezyemily said:
I mailed the summons and complaints yesterday. My case was assigned to judge Peter J. Messitte. How about you?

I asked the clerk about the 5 copies. She said that I need 2 copies for the Attorney General, 2 for US Attorney, and 1 for every defendent. So she took 8 copies of summons and complaints from me.

Emily
Don't know yet. I just mailed the lawsuit to the us district court in baltimore yesterday. I sent out 8 copies as well, since that was what the clerk said. In case they needed more, they would make more copies themselves.

Seems like you guys are a bit ahead of me.

I didn't want to drive to downtown Baltimore anymore. I had made 3 previous trip to the INS office over there just to get check on the status on my application. Pretty much just wasted my time.
I figure just mail, and don't waste my time going to downtown and wasting money on those $10 parkings.
 
Last edited by a moderator:
buggin said:
syt,

Somebody in this forum highly recommended Justin X. Wang (415) 576-9923.

This attorney filed a 1447(b) petition the next day after talking to the client and got the client's N400 approved right away. He also doesn't make you pay the whole amount up front. First, you pay only for the 1447(b) petition filing. Then, if the matter is not resolved, you pay for discovery process. Then, if the matter goes to trial, you pay for the trial work.

I hope this helps. I am going to file my petition in San Francisco but will do it Pro Se. Wish you lots of good luck.
-------------


I called Justin Wang, He charges $4400 for filing only, Is this how much it costs

Thanks
 
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