http://dockets.justia.com/docket/court-wawdce/case_no-2:2006cv00614/case_id-135149/
Looks like the case was jointly withdrawn in March 2007.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
http://dockets.justia.com/docket/court-wawdce/case_no-2:2006cv00614/case_id-135149/
Looks like the case was jointly withdrawn in March 2007.
Hi Guys,
After bugging my Senator for 4 months continuously; he finally got an email from FBI NC mentioning that an exact date for completion of my review cannot be given. It may be assured that the results will be made available to the USCIS as quickly as possible. My personal detail is:
N-400 receipt date = Oct 06
Processing Center = TX
FP = late Oct 06
Info Pass in July 07 = NC in pending
Can someone explain what is meant by “as quickly as possible”? I want to know how many more months/years it could go without a definite answer. Thanks in advance for the tips.
After bugging my Senator for 4 months continuously; he finally got an email from FBI NC mentioning that an exact date for completion of my review cannot be given. It may be assured that the results will be made available to the USCIS as quickly as possible. My personal detail is:
N-400 receipt date = Oct 06
Processing Center = TX
FP = late Oct 06
Info Pass in July 07 = NC in pending
Can someone explain what is meant by “as quickly as possible”? I want to know how many more months/years it could go without a definite answer. Thanks in advance for the tips.
That's a standard reply. Everybody in this forum has gotten more than one of those standard replies. That doesn't mean anything beyond confirming you're stuck in the name check process. And they will not tell you when you can expect to have the name check completed.
filing amended complaint
I am getting ready to file amended complaint. As per CA local rules, the amended complaint should entirely replace the original complaint.
I have corrected the typo on jurisdiction in my original complaint, as well as added details on events that happened after my original filing.
My question is: Can I also add the details on my communication with the AUSA in the amended complaint? Like "On March 9, 2007, AUSA said ....", Plaintiff has signed 3 sixty days extensions with the AUSA on such and such dates, etc. etc..
Is that a good idea?
I am getting ready to file amended complaint. As per CA local rules, the amended complaint should entirely replace the original complaint.
I have corrected the typo on jurisdiction in my original complaint, as well as added details on events that happened after my original filing.
My question is: Can I also add the details on my communication with the AUSA in the amended complaint? Like "On March 9, 2007, AUSA said ....", Plaintiff has signed 3 sixty days extensions with the AUSA on such and such dates, etc. etc..
Is that a good idea?
Name Checking Process
I believe Nebraska folks are faster than TX cuz many of my friends and relatives got Naturalized lately within 9-12 months time-frame and they have cleared their NC easily. I'm the ONLY got stuck in TX center. Also the normal processing time in NE is 9 months for that type of applications while in TX is 12 months. Is this true?
I believe Nebraska folks are faster than TX cuz many of my friends and relatives got Naturalized lately within 9-12 months time-frame and they have cleared their NC easily. I'm the ONLY got stuck in TX center. Also the normal processing time in NE is 9 months for that type of applications while in TX is 12 months. Is this true?
I don't think it has anything to do with the service center though. My application was filed with Nebraska Service Center. Look how long I've been stuck in name check: 31 months!
WOM 1447(b) lawsuit preparation
I am preparing a WOM 1447(b) Pro Se lawsuit. Is the description of the main
steps at
http://boards.immigrationportal.com/...d.php?t=194681
still considered current?
I am not sure how the actual complaint should be phrased. Is
http://boards.immigrationportal.com/...7&d=1134252007
still a good reference?
Should it be typed double spaced, with line numbers on the left, etc.?
I will be filing with US District Court in MD.
Thanks
------------------------------------------------------------------
N-400 Feb. 2005, FP April 2005
Citizenship Interview passed on 6/24/05, "No decision can be made"
Waiting for FBI NameCheck to clear (confirmed by letters
from both MD senators and by a letter from USCIS service center
in Baltimore, all in Spring 2007).
USCIS web site shows last update to my case on 4/30/05
Filed a FOIPA request (May 07), got a "No records" answer, June 07.
I am preparing a WOM 1447(b) Pro Se lawsuit. Is the description of the main
steps at
http://boards.immigrationportal.com/...d.php?t=194681
still considered current?
I am not sure how the actual complaint should be phrased. Is
http://boards.immigrationportal.com/...7&d=1134252007
still a good reference?
Should it be typed double spaced, with line numbers on the left, etc.?
I will be filing with US District Court in MD.
Thanks
------------------------------------------------------------------
N-400 Feb. 2005, FP April 2005
Citizenship Interview passed on 6/24/05, "No decision can be made"
Waiting for FBI NameCheck to clear (confirmed by letters
from both MD senators and by a letter from USCIS service center
in Baltimore, all in Spring 2007).
USCIS web site shows last update to my case on 4/30/05
Filed a FOIPA request (May 07), got a "No records" answer, June 07.
Hi all,
Questions about opposition to MTD for 1447(b) lawsuit, I'm still waiting for a response after serving the summons, although I want to prepare it beforehands.
1. In response to "require remand back to USCIS" in the MTD, can I still oppose it since in my complaint, the last paragraph says "That the Court will hear Plaintiff’s case and adjudicate his application for naturalization, or in the alternative, render a declaratory judgment that he is entitled to be naturalized and remand Defendants to immediately adjudicate the Plaintiff’s naturalization application."
2. Does it matter to use the old successful cases from other circuit, e.g. 9th circuit)as examples? Usually does different circuit accept other circuit's cases as argument (If I can't find good local cases)?
3. When can I request "discovery"? Now? After defandent's 1st response but before receiving the MTD? Or wait until after I get the MTD and file the opposition? Or..?
Thank you very much!
Questions about opposition to MTD for 1447(b) lawsuit, I'm still waiting for a response after serving the summons, although I want to prepare it beforehands.
1. In response to "require remand back to USCIS" in the MTD, can I still oppose it since in my complaint, the last paragraph says "That the Court will hear Plaintiff’s case and adjudicate his application for naturalization, or in the alternative, render a declaratory judgment that he is entitled to be naturalized and remand Defendants to immediately adjudicate the Plaintiff’s naturalization application."
2. Does it matter to use the old successful cases from other circuit, e.g. 9th circuit)as examples? Usually does different circuit accept other circuit's cases as argument (If I can't find good local cases)?
3. When can I request "discovery"? Now? After defandent's 1st response but before receiving the MTD? Or wait until after I get the MTD and file the opposition? Or..?
Thank you very much!
Yes, the steps are the same, you can also refer to
http://en.wikibooks.org/wiki/FBI_name_check
Ask if you are unsure what to do, we'll help.
I am not sure what sample are you using, the link you posted is broken. Text formatting depends on local rules, usually the text has to be double-spaced, printed on 8x11 inches paper with 1 inch margin on all sides. It's a good idea to number all the paragraphs. You do not have to number all lines.
vcs_victim
Registered Users (C)
Update on my case: No Update
I filed my WOM for my employment based 485 on 12/26/06. It's been more than 7 months and nothing has been achieved yet. AUSA filed an answer to my complaint. AUSA is very non-responsive, not taking any calls, not returning my voice messages, not returning my emails.
Then, I requested discovery and she started communicating with me. She told me that she'd not agree to discovery since she is not obligated to do discovery in this type of cases. After her non-cooperation about the discovery, I proceeded with my MSJ and filed it on 7/2/07. I also filed a motion for expedited consideration along with my MSJ. I have not heard anything from the court nor from the AUSA. I checked the docket, and the last documents filed were my motions.
Deadline to file any dispositive motions was last Friday, 7/27/07. Based on my understanding, AUSA cannot file any dispositive motion other than a reply to my MSJ (can anyone verify if this interpretation is correct?).
What I wonder is that how many days does the AUSA have to file an opposition to my MSJ? What are my options at this point in the case? What can be my next step?
Case: EB-2, 485, filed at VCS on 04/07/2003, waiting for 52 months, stuck on the name check, not from usually-retrogressing countries, visa numbers were almost always available until the recent visa number availability saga.
Thanks for your comments,
vcs_victim
PS: After filing the MSJ, I sent an official request to USCIS Ombudsman's office, and also sent a letter to the First Lady hoping to get any sort of help. No updates from those two fronts either.
I filed my WOM for my employment based 485 on 12/26/06. It's been more than 7 months and nothing has been achieved yet. AUSA filed an answer to my complaint. AUSA is very non-responsive, not taking any calls, not returning my voice messages, not returning my emails.
Then, I requested discovery and she started communicating with me. She told me that she'd not agree to discovery since she is not obligated to do discovery in this type of cases. After her non-cooperation about the discovery, I proceeded with my MSJ and filed it on 7/2/07. I also filed a motion for expedited consideration along with my MSJ. I have not heard anything from the court nor from the AUSA. I checked the docket, and the last documents filed were my motions.
Deadline to file any dispositive motions was last Friday, 7/27/07. Based on my understanding, AUSA cannot file any dispositive motion other than a reply to my MSJ (can anyone verify if this interpretation is correct?).
What I wonder is that how many days does the AUSA have to file an opposition to my MSJ? What are my options at this point in the case? What can be my next step?
Case: EB-2, 485, filed at VCS on 04/07/2003, waiting for 52 months, stuck on the name check, not from usually-retrogressing countries, visa numbers were almost always available until the recent visa number availability saga.
Thanks for your comments,
vcs_victim
PS: After filing the MSJ, I sent an official request to USCIS Ombudsman's office, and also sent a letter to the First Lady hoping to get any sort of help. No updates from those two fronts either.
I hope I could now
I will call US attorney at the end of August.Alben,
I also couldn't read your links, but read the first few pages of this forum, and in addition to Lazycis advise, do this:
register for Pacer;
go to this case for starters (just the recent filed in Maryland):
http://dockets.justia.com/docket/court-mddce/case_no-8:2007cv01984/case_id-151382/
In order to see actual docs filed in the case go to Docket report and look at the complaint filed-you'll have to pay $.08/page but it's worth it. Also, scroll your Justia for more cases.
Check Maryland local rules-you can get more from your court clerk or a court site, but that's mainly all you need:
http://michie.lexisnexis.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp=
If you need more templates for your complaint just post here for help!
Good luck!
Mr.Ark
My Oath delay is 5 years. I passed through Senator, Laura, Ombudsmen...
I decided to file law suit as recommended.
Now I am struggling with another delay- my lawyer, who promised filing within 15 days and received $1750 deposit put the case on hold.
It's there for the 2nd month.
Irony of the Fortune- outstanding delay in the law suit regarding the outstanding delay.
File law suit against him?
Ask me and I'' l tell you the name of this attorney you should avoid to deal with
ivaar92603@yahoo.com
My Oath delay is 5 years. I passed through Senator, Laura, Ombudsmen...
I decided to file law suit as recommended.
Now I am struggling with another delay- my lawyer, who promised filing within 15 days and received $1750 deposit put the case on hold.
It's there for the 2nd month.
Irony of the Fortune- outstanding delay in the law suit regarding the outstanding delay.
File law suit against him?
Ask me and I'' l tell you the name of this attorney you should avoid to deal with
ivaar92603@yahoo.com
Toolong2,
1. Don't assume you get exactly the scenario you ask about, but if indeed AUSA files MTD and requests remand, there're many Oppositions to MTD posted here that deal exactly with this issue. So read oppositions and be prepared to use the arguments in them. Just don't assume, you're not there yet.
2. You can use old cases and cases from other districts, but try to find some from your own district-see Justia for that (and links posted on forum).
3. You can not request discovery until AUSA files answer, and in most cases it's initiated after CMC. Read CA Pro se handbook, especially ch.11. AUSA will probably fight it. Read more on this in the last month on the forum.
Good luck
Foipa
Can anyone please give me a link to the FOIPA request form for the FBI? I went on their website but they talk about FOIPA, but the form says FOIA request form - and I was getting all confused. Which one of the following two is it:
http://foia.fbi.gov/foia_request.htm
OR
http://foia.fbi.gov/privacy_request.htm
Also a couple of questions:
1- Do I need to have it notarized?
2- Should I send it via registered mail?
3- When can I expect a response?
Can anyone please give me a link to the FOIPA request form for the FBI? I went on their website but they talk about FOIPA, but the form says FOIA request form - and I was getting all confused. Which one of the following two is it:
http://foia.fbi.gov/foia_request.htm
OR
http://foia.fbi.gov/privacy_request.htm
Also a couple of questions:
1- Do I need to have it notarized?
2- Should I send it via registered mail?
3- When can I expect a response?
Last edited by a moderator:
Thank you for digging out this great case!
It's a very helpful ruling to WOM filers, I agree. It's a "must" for wom-filers to quote in Oppositions.
Couple of critical comments re. it:
The language on pp 6-7 is somewhat confusing: first, judge quotes 3 pre-requisites for getting mandamus relief from court. Then he quotes one specific one (duty to petitioner) and finds that according to the duty established, jurisdiction exists. But the preceding paragraph says, in addition to duty petitioner must show 1) a clear right to relief sought and 3) no other remedy available for court's jurisdiction. So judge ignores his own logic when he says the jurisdiction is established based on only one condition (duty). He then describes why petitioner "failed to state a clam", but he should have instead said, that petitioner failed the very first pre-requisite of mandamus,-he did not have a right to the relief sought.. This doesn't contradict his ruling, just his argument would be clearer. He jumps from mandamus conditions to the district court ruling decision after he himself said he should consider this case de novo.
One more interesting detail: attorney was disbarred for sloppy work!
Looks like too many lawyers contacted by members deserve the same fate Really, if one counted all the mistakes lawyers made in these cases, it may be safer indeed to go pro se! Or contact really the best lawyer if you absolutely can't do it.Use the second link (privacy act).
1. Not necessary, but it's better to do it. You can do it at any bank.
2. Certified mail+delivery confiramtion
3. A month or so
That is exactly the reason why many of us went Pro Se. It is good idea in general to pay such a deposit with a credit card, so that one can later contest the charges through one’s credit card company.
Well, you can certainly sue your lawyer in the small claims court (http://www.utcourts.gov/howto/smallclaims/) for damages up to $7500 or at least notify her/im that you intend to do so.
Best of luck,
snorlax
follow-up
First an update: My husband received a second letter of his oath ceremony. last week(now have personal exprience with the "magic two" CIS e-mails/letters for approval discussed here by many people.) Also on the due date for meet and confer judge signed stipulation to dismiss and now the case is technically over! Thanks to Snorlax, Dude and Lotech for your advise on how to handle the traffic ticket situation- you convinced me not to bother with the previous tickets! My husband just got an official letter from Traffic Court showing his tickets were paid for and dismissed. As for the rest of the case, I prefer to see him sworn and showing me a natur-n certificate before calling it "closed"
SLIS, it was me who raised this question, but I guess at this point most people are busy with more immediate questions to comment on it. I asked here:
I still think it would be important to see the actual number of members who got an order from judge to get nc done and/or adjudicate, i.e. the people who got beyond MSJ. And like you said, it would be interesting to see it for all districts (as you suspect it only happens for CA). If this hypothesis is correct, (cases are being resolved after MTD or as soon as it starts to look hopeless to AUSA), it means they initiate nc expedite on this stage for most cases. And the only cases which go beyond the "judge order" phase are the ones where nc expedite request failed or there was another SNOFU on the FBI end.
So members, please comment if you have any info/thoughts!
First an update: My husband received a second letter of his oath ceremony. last week(now have personal exprience with the "magic two" CIS e-mails/letters for approval discussed here by many people.) Also on the due date for meet and confer judge signed stipulation to dismiss and now the case is technically over! Thanks to Snorlax, Dude and Lotech for your advise on how to handle the traffic ticket situation- you convinced me not to bother with the previous tickets! My husband just got an official letter from Traffic Court showing his tickets were paid for and dismissed. As for the rest of the case, I prefer to see him sworn and showing me a natur-n certificate before calling it "closed"
Earlier, somebody in the forum made the observation that many AOS WOM cases are getting resolved post MTD stage. I tend to agree with that since there have not been many rulings on motion to summary judgment. However, it also seems that it perhaps is a unique phenomenon in Northern District of California. I'm saying that because I'm not seeing a clear trend in other district courts including Washington.
Any theories?
SLIS, it was me who raised this question, but I guess at this point most people are busy with more immediate questions to comment on it. I asked here:
I still think it would be important to see the actual number of members who got an order from judge to get nc done and/or adjudicate, i.e. the people who got beyond MSJ. And like you said, it would be interesting to see it for all districts (as you suspect it only happens for CA). If this hypothesis is correct, (cases are being resolved after MTD or as soon as it starts to look hopeless to AUSA), it means they initiate nc expedite on this stage for most cases. And the only cases which go beyond the "judge order" phase are the ones where nc expedite request failed or there was another SNOFU on the FBI end.
So members, please comment if you have any info/thoughts!
WOM 1447(b) lawsuit preparation- thanks
Thanks Lazycis and Shvili. This is enough for me to begin with.
The broken links were just references to the first page of Publicus' thread
http://boards.immigrationportal.com...Shvili points me to on PACER is a better ref.
Thanks Lazycis and Shvili. This is enough for me to begin with.
The broken links were just references to the first page of Publicus' thread
http://boards.immigrationportal.com...Shvili points me to on PACER is a better ref.