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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
do i need to file a proposed order, along with my msj? or wait untill my respond to ausa's cross-motion for msj later? Thanks...and all the best,
Usually you do not have to attach a proposed order unless local rules for your district specifically require it. Anyway, being a Pro Se, you do not need to propose an order. Let the judge do his/her job.
All the best to you as well.
Hi, Folks:
while you guys are discussing relative complex issues, I still have some novice questions that need your kind help.
1. do I need to serve US attorney general and US attorney of the district I reside both?
2. do I need to send complaints + exhibits + summons to all defendents + return of services to all defendents to the above mentioned US attorneys?
3. will the US attorneys fill the "return of service" and mail back to me and I will need to file them along with the "return of services" from the defendents to the court?
Thanks for your help.
while you guys are discussing relative complex issues, I still have some novice questions that need your kind help.
1. do I need to serve US attorney general and US attorney of the district I reside both?
2. do I need to send complaints + exhibits + summons to all defendents + return of services to all defendents to the above mentioned US attorneys?
3. will the US attorneys fill the "return of service" and mail back to me and I will need to file them along with the "return of services" from the defendents to the court?
Thanks for your help.
Hi, Folks:
while you guys are discussing relative complex issues, I still have some novice questions that need your kind help.
1. do I need to serve US attorney general and US attorney of the district I reside both?
2. do I need to send complaints + exhibits + summons to all defendents + return of services to all defendents to the above mentioned US attorneys?
3. will the US attorneys fill the "return of service" and mail back to me and I will need to file them along with the "return of services" from the defendents to the court?
Thanks for your help.
eagle69,
We are all here to help each other. So feel free to ask any and all questions.
1. Yes you need to serve the US Attorney General at the office of General Counsel and the local US Attorney. Call your local US Attorney Office, tell them you have a Civil Complaint against various federal defendants and ask them to whom you should serve the complaint to. It helps because they will direct you to the right person and your case will be promptly looked at.
2. For US AG and other defendants, send a copy of your complaint and all documents provided by the court (discovery schedule, consent to Magistrate blah blah) and the summons (copy). Keep the original summons with you. For the US Attorney for your district, a copy of your complaint with documents and a copy of the summons issued for other defendants. Remember your local US Attorney doesn't get a summons by himself.
3. Use USPS priority mail, certified mail with return receipts. The return receipt will be returned back to you by USPS after the mail was accepted by the defendant. That is your "return of service". File the original summons that you have along with these proof of service in the court. You are all set.
Usually you do not have to attach a proposed order unless local rules for your district specifically require it. Anyway, being a Pro Se, you do not need to propose an order. Let the judge do his/her job.Originally Posted by greenpea
do i need to file a proposed order, along with my msj? or wait untill my respond to ausa's cross-motion for msj later? Thanks...and all the best,
All the best to you as well.
As lazycis metioned, you should always check your local rule, which gives you specific guidance on these matters. You can also call the clerk's office for any clarifications. In my district court, a proposed order is required even if you're Pro Se.
The Administration Will Reform And Expedite Background Checks For Immigration.
Does anybody have any more details on this?
How much, when and how would be spent ? When would this extra spending actually start to decrease processing time?
What are the variety of projects to reduce waiting times without sacrificing security?
And the most important: what is the impact of this on the name checks already pending for a year or more?
------------------------------------------------------
http://www.whitehouse.gov/infocus/immigration/
August 10, 2007
President Bush Addresses Border Security and Immigration Challenges
IMPROVING EXISTING IMMIGRATION
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
Does anybody have any more details on this?
How much, when and how would be spent ? When would this extra spending actually start to decrease processing time?
What are the variety of projects to reduce waiting times without sacrificing security?
And the most important: what is the impact of this on the name checks already pending for a year or more?
------------------------------------------------------
http://www.whitehouse.gov/infocus/immigration/
August 10, 2007
President Bush Addresses Border Security and Immigration Challenges
IMPROVING EXISTING IMMIGRATION
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
greenpea,do i need to file a proposed order, along with my msj? or wait untill my respond to ausa's cross-motion for msj later? Thanks...and all the best,
Here are some more helpful documents on MSJ. Please take your time and do a good job on filing your MSJ. All the rest of the members of this forum who have not received their approvals yet are also dependent on the results of your case. If your MSJ is granted, everybody on this forum will win indirectly. I have received incredibly great help and guidance from this group. Just take your time to file a strong MSJ, so that we may cite yours when our time for MSJ comes.
Here are the example docs.
I suggest you try an talk to AUSA and see what he/she say is the hold up in your case. If AUSA says background checks, then just fax him this letter. also your 60 days should be comming close, so AUSA will either file an answer or a MTD. You can talk to the AUSA now before they file anything, and see what they have to say
Lotechguy,
Thank you for the suggestion. I'll call/email AUSA again...
This whole thing sure pissed me off. After I got that letter from FBI yesterday, I was in real rage.
15th_year_in_US
Registered Users (C)
my wife and FBI
I want to cheer up everybody in this forum with anekdot.
I hope moderator does not find it offensive after Shantilli case.
Here it is
==========================================
An immigrant wake up in the morning and talk to his wife.
Then he suddenly respond...Honey you sounds like FBI today?!
??
Arbitrary and capricious...
==================================
I want people to congratulate me for being my 16th year in USA...
My name check is pending for more than 4 and half years.
(As usual in such cases my dependents checks are cleared long time ago...
but they can't get green card either...bcs mine is pending)
I-140 filed Early 2002 (extraordinary category, I have MS+PhD from leading US University)
I-140 AD ~ Oct 2003
I-485 RD March 2003
TD to Baltimore ~ Oct 2004
ID August 2005 (everything fine except one minor detail- name check)
I want to cheer up everybody in this forum with anekdot.
I hope moderator does not find it offensive after Shantilli case.
Here it is
==========================================
An immigrant wake up in the morning and talk to his wife.
Then he suddenly respond...Honey you sounds like FBI today?!
??
Arbitrary and capricious...
==================================
I want people to congratulate me for being my 16th year in USA...
My name check is pending for more than 4 and half years.
(As usual in such cases my dependents checks are cleared long time ago...
but they can't get green card either...bcs mine is pending)
I-140 filed Early 2002 (extraordinary category, I have MS+PhD from leading US University)
I-140 AD ~ Oct 2003
I-485 RD March 2003
TD to Baltimore ~ Oct 2004
ID August 2005 (everything fine except one minor detail- name check)
15th_year_in_US
Registered Users (C)
News from Whitehouse
Mickey- this is great news!!! May be we all start soon believing it
and this forum will dissapear...
.... and at maximum be replaced by forum
"Filing for personal Injury caused by prolonged FBI name check during 1999-2007 years...by us or by our children?
I also have the same question- but for people whose background check pending more than 3 years ?
Will FBI really take FIFO (first-in first-out) approach sometime soon?
Does anybody have any more details on this?
How much, when and how would be spent ? When would this extra spending actually start to decrease processing time?
What are the variety of projects to reduce waiting times without sacrificing security?
And the most important: what is the impact of this on the name checks already pending for a year or more?
------------------------------------------------------
http://www.whitehouse.gov/infocus/immigration/
August 10, 2007
President Bush Addresses Border Security and Immigration Challenges
IMPROVING EXISTING IMMIGRATION
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
Mickey- this is great news!!! May be we all start soon believing it
and this forum will dissapear...
.... and at maximum be replaced by forum
"Filing for personal Injury caused by prolonged FBI name check during 1999-2007 years...by us or by our children?
I also have the same question- but for people whose background check pending more than 3 years ?
Will FBI really take FIFO (first-in first-out) approach sometime soon?
hopeforall2
Registered Users (C)
Update on my conference
Here is the out come of the initial conference held ,
CIVIL CONFERENCE
PURPOSE OF CONFERENCE: Initial Scheduling
SCHEDULING AND RULINGS:
1. The next conference will be held on Wednesday, September 26, 2007 at 2:30 p.m. by telephone to be initiated by counsel for the defendant.
2. The parties seek no discovery and will be addressing letters to District Judge for pre-motion conferences if the defendants do not complete their review of the plaintiff’s naturalization application shortly. The deadline for seeking such pre-motion conferences is September 26, 2007.
Emphases on " parties seek no discovery " , my lawyer said he does not need discovery, when I asked him why, he said that it will only delay my case and cost me a lot of money preparing papers back and forth, he said if nothing happened until September 26, then he will move to request the DJ to remand the case to CIS with specific instruction and date to complete adjudicating my case.
The above conference was held before a Magistrate Judge and since my lawyer did not request discovery, the case goes to the DJ.(the higher level up).
What do you guys make of this , please post your experience.
Thank you.
Here is the out come of the initial conference held ,
CIVIL CONFERENCE
PURPOSE OF CONFERENCE: Initial Scheduling
SCHEDULING AND RULINGS:
1. The next conference will be held on Wednesday, September 26, 2007 at 2:30 p.m. by telephone to be initiated by counsel for the defendant.
2. The parties seek no discovery and will be addressing letters to District Judge for pre-motion conferences if the defendants do not complete their review of the plaintiff’s naturalization application shortly. The deadline for seeking such pre-motion conferences is September 26, 2007.
Emphases on " parties seek no discovery " , my lawyer said he does not need discovery, when I asked him why, he said that it will only delay my case and cost me a lot of money preparing papers back and forth, he said if nothing happened until September 26, then he will move to request the DJ to remand the case to CIS with specific instruction and date to complete adjudicating my case.
The above conference was held before a Magistrate Judge and since my lawyer did not request discovery, the case goes to the DJ.(the higher level up).
What do you guys make of this , please post your experience.
Thank you.
Last edited by a moderator:
lazycis, paz, shvili can u answer this gentleman's question
I received this email from a gentleman in whose case MTD was granted by the Judge. He is in Maryland. The judge quoted Chasanow. He tried to register here but is having some problems with it. He is looking for some advice as to how to proceed after MTD is granted. Can you answer his questions ?
Dear xxxx,
I still cannot post and ask questions from General audience.
I have not received confirmation email.
Maybe you explain to me
1) Question about conference. Why in the Lufeng Liu case there was a conference ?
Are they scheduling them in some district courts and in some others not ?
I never seen any conference neither for me nor for Gou
In my case I was never allowed to speak.
===================
A separate question.
In my case judge ORDERED (verbatim- see attached)
1) Respondent Motion to Dismiss is granted
2) This action is dismissed due to lack of jurisdiction
==================================
Do you think that I could file "Motion to reopen" or something similar in my case (without/before going to appeal)?
My arguments
1) Judge Opinion Started " Petitioner, who presently in the United States with Authorization to work..."- he repeated the lie stated by defense.
I do not currently have authorization to work (I could have applied for one)
I did not apply for a 5th EAD- I am not employed and I have not drawn any salary/income.
I did not violate any law:
A) I was/am not employed by anybody at that time- I started my own company- so far I did not generate any profit or drawn any salary- I live on savings (from my home equity- and we are on the verge of collapse).
B) On my last EAD I waited for 6 month before it came (and it was about a time to file a new one- what a nonsense)
My case is substantially different than xxxxx
1) Wait is much longer 4.5 vs 3 years
2)I have 5 dependents (he stated none)
3) I have coming out of age son (whose petition is clear of name checks (everything passed) but is pending, becasue he is my derivative)
4) I cannot get any job in the area in optics/lasers/relaibility of opto-electronic components because three major employers (NothropGrunman, Nasa, John Hopkins require at least Green Card)
5) your arguments (Shantili case+ your example from Machachusetts court)
6) new White House announcement on August 10
7) Judge did not stated that his decision is final
8) Defense stated that I am "cutting in line"-- nonsense I ve been in this country since 1992 ...continuously- let them find who did I cut in line
================
I received this email from a gentleman in whose case MTD was granted by the Judge. He is in Maryland. The judge quoted Chasanow. He tried to register here but is having some problems with it. He is looking for some advice as to how to proceed after MTD is granted. Can you answer his questions ?
Dear xxxx,
I still cannot post and ask questions from General audience.
I have not received confirmation email.
Maybe you explain to me
1) Question about conference. Why in the Lufeng Liu case there was a conference ?
Are they scheduling them in some district courts and in some others not ?
I never seen any conference neither for me nor for Gou
In my case I was never allowed to speak.
===================
A separate question.
In my case judge ORDERED (verbatim- see attached)
1) Respondent Motion to Dismiss is granted
2) This action is dismissed due to lack of jurisdiction
==================================
Do you think that I could file "Motion to reopen" or something similar in my case (without/before going to appeal)?
My arguments
1) Judge Opinion Started " Petitioner, who presently in the United States with Authorization to work..."- he repeated the lie stated by defense.
I do not currently have authorization to work (I could have applied for one)
I did not apply for a 5th EAD- I am not employed and I have not drawn any salary/income.
I did not violate any law:
A) I was/am not employed by anybody at that time- I started my own company- so far I did not generate any profit or drawn any salary- I live on savings (from my home equity- and we are on the verge of collapse).
B) On my last EAD I waited for 6 month before it came (and it was about a time to file a new one- what a nonsense)
My case is substantially different than xxxxx
1) Wait is much longer 4.5 vs 3 years
2)I have 5 dependents (he stated none)
3) I have coming out of age son (whose petition is clear of name checks (everything passed) but is pending, becasue he is my derivative)
4) I cannot get any job in the area in optics/lasers/relaibility of opto-electronic components because three major employers (NothropGrunman, Nasa, John Hopkins require at least Green Card)
5) your arguments (Shantili case+ your example from Machachusetts court)
6) new White House announcement on August 10
7) Judge did not stated that his decision is final
8) Defense stated that I am "cutting in line"-- nonsense I ve been in this country since 1992 ...continuously- let them find who did I cut in line
================
Last edited by a moderator:
Thanks...
here i am attaching Aboushaban's MSJ, in case it can be helpful...thank you.
actually it is in Northern CA....
justia.com is a good free site to search the names first, and then PACER for details..
thank u all!
here i am attaching Aboushaban's MSJ, in case it can be helpful...thank you.
actually it is in Northern CA....
justia.com is a good free site to search the names first, and then PACER for details..
thank u all!
Also, for a sample of MSJ, go into PACER (Central District of CA) and find the MSJ filed by Aboushaban's attorney (Aboushaban v. Mueller). You should also be able to find a proposed order there. You can use these two as foundation to come up with your own MSJ.
sharing...
i downloaded some documents of Aboushaban case, and here to share with you all...hopefully they can be helpful...thank you all..
i downloaded some documents of Aboushaban case, and here to share with you all...hopefully they can be helpful...thank you all..
here i am attaching Aboushaban's MSJ, in case it can be helpful...thank you.
actually it is in Northern CA....
justia.com is a good free site to search the names first, and then PACER for details..
thank u all!