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

Big day for 1447(b) in the 4th Circuit and beyond

The 4th Circuit Court of Appeals agrees with 9th Circuit on Hovsepian.

Etape v. Chertoff, 2007 U.S. App. LEXIS 18348

"[W]e can only conclude that a proper § 1447(b) petition vests the district court with exclusive jurisdiction, unless and until the court "remand the matter" to the CIS."

"For the foregoing reasons, we hold that the CIS did not have jurisdiction to act when it denied Etape and
Rahim's naturalization applications. Accordingly, we reverse the judgment of the district court and remand
both cases to that court. On remand, the district court can decide, pursuant to § 1447(b), whether it wishes to
"determine the matter" in each case, or whether it wishes to remand the cases to the CIS."
 
man400 said:
i need help to fill the forms js44 and ao440 . if this is any examples of this forms and what i need else to file 1447(b) lawsuit. thank you
Click to expand...

The summons form is here
http://www.uscourts.gov/forms/AO440.pdf
All you need to do is to fill your case title, district court name and defendant name and address. Everything else is clerk's job.

The civil cover sheet
http://www.uscourts.gov/forms/JS044.pdf
I do not have a sample for N400, maybe somebody can post it for you, but it's relatively easy. You can search pacer (court system) and get a sample.
You can also check this post from our grandpa Publicus:
http://boards.immigrationportal.com/member.php?u=99075

You need multiple copies of everything, check a few recent pages, lotechguy posted great formulas and advices in this regard. You'll need a check for $350 made to Clerk, US District court.
Do you need directions to MA district court? :) It's a very nice building.
 
lenaf said:
Hello

LazyCIS told me that my case is strong and I do not need to collect evidence about trying to solve my N400 in a peaceful way - I had interview on 1/31/06, case is still pending in security checks.
I've sent out the drafts to USA and local CIS, just received the certified slip back from USA office.
NOw... I've been reading this board for the last 3 weeks (I'm still on page 220 in October of last year :), and I'm getting anxious to file. Especially after reading that the warning letters are almost guaranteed to not draw any kind of attention from CIS.

I promised to file in 30 days in the warning. Can I file 1447b before 30 days expired ? or it'll make USA mad ? or maybe nobody is really looking at those drafts in USA office ?

thanks
Click to expand...

lena,
Technically you are not binded by your own deadline in the letter. AUSA will be mad anyway. I agree that the warning letters are usually ignored (I did hear of any different outcome). So it is up to you.
I'd continue reading :) and file it after 30 days, but the decision is yours.
 
lazycis said:
The 4th Circuit Court of Appeals agrees with 9th Circuit on Hovsepian.

Etape v. Chertoff, 2007 U.S. App. LEXIS 18348

"[W]e can only conclude that a proper § 1447(b) petition vests the district court with exclusive jurisdiction, unless and until the court "remand the matter" to the CIS."

"For the foregoing reasons, we hold that the CIS did not have jurisdiction to act when it denied Etape and
Rahim's naturalization applications. Accordingly, we reverse the judgment of the district court and remand
both cases to that court. On remand, the district court can decide, pursuant to § 1447(b), whether it wishes to
"determine the matter" in each case, or whether it wishes to remand the cases to the CIS."
Click to expand...


aaaah !!! an appeal on Chasanow's decision. Remember Chasanow passed Gou's decision on I485 which was then used by Judge Motz to deny another I485.
 
AGC4ME said:
aaaah !!! an appeal on Chasanow's decision. Remember Chasanow passed Gou's decision on I485 which was then used by Judge Motz to deny another I485.
Click to expand...

Was appeal filed in Gou's decision as well? We need to really wake up those judges who serve the government and not "the people". I cannot wait until my appeal is resolved.
 
District Director For Northern Viginia

Hi,

Could anyone tell me if this is the Local District Director for Fairfax, Northern Virginia? Just need to confirm this before filing my case.
Thanks!

Phyllis Howard, Washington District Director,
Bureau of Citizenship and Immigration Services,
U.S. Department of Homeland Security
2675 Prosperity Avenue
Fairfax, VA 22031-4906
 
any N-400 cases without interview?

If you come across any N-400 related WOM cases (without interview, so 1447(b) wouldn't apply), please post the case numbers. I will really appreciate it.
 
lazycis said:
Was appeal filed in Gou's decision as well? We need to really wake up those judges who serve the government and not "the people". I cannot wait until my appeal is resolved.
Click to expand...

I'm not sure. If Gou is in this forum and reading this may be he can tell us. BTW did the other person contact you ?
 
icemachine said:
Hi,

Could anyone tell me if this is the Local District Director for Fairfax, Northern Virginia? Just need to confirm this before filing my case.
Thanks!

Phyllis Howard, Washington District Director,
Bureau of Citizenship and Immigration Services,
U.S. Department of Homeland Security
2675 Prosperity Avenue
Fairfax, VA 22031-4906
Click to expand...

Seems to be the correct one. Only the correct title is USCIS District Director, Washington, D.C. district. The USCIS is very open to public so it's no a big problem to find contact info for its officials :)

BTW, here is the page listing all district directors:
http://www.uslawnet.com/Englishhome/News/messages/151.htm
 
lazycis said:
Yes, we are in touch. The memorandum opinion in his case is just a few paragraphs. It's unbelievable.
Click to expand...

I was surprised too. Both by its contents and the speed with which it was delivered. Makes you think whether the AUSAs and Judges are in collusion in the east coast.
 
2nd Finger print Notice

Greetings,
I was interviewed on May 2006 and was told that my case could not be decided because of FBI name check pending. After waiting for almost 15 months I filed law suit some time end of July 2007. I just received FP notice, so I am wondering is that good news or just routine FP notice ?


N-400 Application sent - Jan 2006
FP done - March 2006
IW date - May 2006 , was told NC pending.
July 2007 - Filed Law suit
August 2007 - Received 2nd FP notice.
 
lenaf said:
hi Lazycis,

thanks for the link. for some reason it lists only ASYLUM Dir Emilia Bardini from SF area. Is it my defendant ?
I sent my draft of lawsuit to David Still as a SF district Director of CIS. Which one is the one ?
thanks,

BTW, here is the page listing all district directors:
http://www.uslawnet.com/Englishhome/News/messages/151.htm
Click to expand...
Click to expand...

The list above is for new appointments made in the beginning of 2004. Here is the complimentary lists of the positions filled before that time:
http://www.visalaw.com/03sep5/7sep503.html
David Still is the guy for your district.
 
nc-pending said:
Greetings,
I was interviewed on May 2006 and was told that my case could not be decided because of FBI name check pending. After waiting for almost 15 months I filed law suit some time end of July 2007. I just received FP notice, so I am wondering is that good news or just routine FP notice ?


N-400 Application sent - Jan 2006
FP done - March 2006
IW date - May 2006 , was told NC pending.
July 2007 - Filed Law suit
August 2007 - Received 2nd FP notice.
Click to expand...


In my opinion, if your fingerprints expired more than six months ago, then, most likely, your lawsuit triggered the FBI to clear your Name check and USCIS just got those results back from FBI and now, they will most likely adjudicate your case after you take fingerprints. But, if your fingerprints just got expired, then it could be either a routine renewal fingerprints OR the scenario I mentioned above.

But here is what you should do. Call the 800 number about a week and half after your fingerprints date, and ask them to transfer your call to IO OR get the info pass appointment and then, you will get the exact picture whether the Name check is still pending or cleared. Good luck!! Regards, dude
 
lazycis said:
The 4th Circuit Court of Appeals agrees with 9th Circuit on Hovsepian.

Etape v. Chertoff, 2007 U.S. App. LEXIS 18348

"[W]e can only conclude that a proper § 1447(b) petition vests the district court with exclusive jurisdiction, unless and until the court "remand the matter" to the CIS."

"For the foregoing reasons, we hold that the CIS did not have jurisdiction to act when it denied Etape and
Rahim's naturalization applications. Accordingly, we reverse the judgment of the district court and remand
both cases to that court. On remand, the district court can decide, pursuant to § 1447(b), whether it wishes to
"determine the matter" in each case, or whether it wishes to remand the cases to the CIS."
Click to expand...


Besides the very important decision that district courts have exclusive jurisdiction when a proper § 1447(b) petition is filed, there is another very important section in this decision, which should be used when someone argues for a deadline in the remand order (most likely decision in 1447(b) cases):

We cannot interpret a statute in a manner that would render some of its language meaningless; rather, we must give effect to each portion of the statute, [*12] including that providing district courts with the power to "remand . . . with appropriate instructions." See, e.g., Duncan v. Walker, 533 U.S. 167, 174, 121 S. Ct. 2120, 150 L. Ed. 2d 251 (2001) (a court has a "duty to give effect, if possible, to every clause and word of a statute," and should be reluctant "to treat statutory terms as surplusage")
 
mt100 said:
If you come across any N-400 related WOM cases (without interview, so 1447(b) wouldn't apply), please post the case numbers. I will really appreciate it.
Click to expand...

mt100, look for the postings of a previously active user wenlock, his case was just like you are looking for.
 
nc-pending said:
Greetings,
I was interviewed on May 2006 and was told that my case could not be decided because of FBI name check pending. After waiting for almost 15 months I filed law suit some time end of July 2007. I just received FP notice, so I am wondering is that good news or just routine FP notice ?


N-400 Application sent - Jan 2006
FP done - March 2006
IW date - May 2006 , was told NC pending.
July 2007 - Filed Law suit
August 2007 - Received 2nd FP notice.
Click to expand...

My N-400 application was adjudicated shortly after the 2nd FP, which was triggered by an 1447(b) lawsuit.
 
any pointers to the recent case samples?

Paz1960 and gurus on naturalization cases,

I have an AOS case. So, that's what I've been focusing on up to this point. ;)

Now, I have a friend who wants to file a citizenship case. He's had an interview and his name check has been pending for 2 years now. I'd like to give him some help if possible.

Do you know if shvili posted her complaint as a sample? I can't seem to find it. Any pointer to a recent sample complaint would be greatly appreciated.
 
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