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

Aggressiveness

Does Michael Cannon's declaration valid in any WoM cases ? In many MTDs I have seen the argument about factual and facial nature of lack of subject matter jurisdiction (SMJ). Many MTDs just note that the Court shouldn't take any affidavits, declarations from the defendants in order to determine. But I have not seen anyone moving a Motion to Strike these declaration, until now.

Look at 1:07-CV-00256 from Northern District of Ohio Eastern Division. The attorney in this case moved motion to strike on all external affidavits and declarations and the Judge granted them too.

If this is valid then all MTD denied opinions based on Michael Cannon's declaration are in violation of a judicial principle to say the least.

lazycis, paz your comments ?
 
All,

My N-400 application is stalled in TX processing center due to namecheck for about 11 months and haven’t got my interview yet. My case is already behind three months than the normal processing time. Should I write a letter to my Local office to call me for an interview because the other Processing Centetrs are inviting for interviews even namecheck is pending. Please advice & Thanks...
 
OK-Boy said:
All,

My N-400 application is stalled in TX processing center due to namecheck for about 11 months and haven’t got my interview yet. My case is already behind three months than the normal processing time. Should I write a letter to my Local office to call me for an interview because the other Processing Centetrs are inviting for interviews even namecheck is pending. Please advice & Thanks...
Click to expand...

You can try writing letters, to district director, senators etc. Dont think it will help. But you will atleast find out what is the holdup
 
AGC4ME: BTW how do you quote Liu v. Chertoff in the legal documents. Westlaw has this 2007 WL 2023548 E.D.Cal. Jul 11, 2007 for the MTD denied document. Can we use the same format and change the date for Summary Judgment?
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lazycis said:
No, westlaw assigns a different number to each doc. I could not find it in westlaw. It takes a couple weeks for opinion to appear. You can cite it using case #, ruling description, docket entry # and date.
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Here's from LexisNexis. It only takes a day or two for opinions to appear in Lexis. The full citation is: Liu v. Chertoff, 2007 U.S.Dist. LEXIS 61772 (E.D. CA. August 22, 2007).
 
Sad news for the district of Maryland

My AUSA finally filed MTD on my case. I checked other cases in my district (maryland) and noticed that all AOS cases have been dismissed and the judges have granted all MTD. I feel hopeless....

Any thoughts/ideas?
 
GC-Pending,
Sorry to hear that, but please don't give up, you need prepare for filing OPP to MTD, you have about 2 weeks to file. I think you can also appeal your case even after judge grant MTD. Have you checked among all the other Maryland cases that have been granted MTD, how many are appealing? A few members of this forum are doing it,they may give you more help.

GC-Pending said:
My AUSA finally filed MTD on my case. I checked other cases in my district (maryland) and noticed that all AOS cases have been dismissed and the judges have granted all MTD. I feel hopeless....

Any thoughts/ideas?
Click to expand...
 
GC-Pending said:
My AUSA finally filed MTD on my case. I checked other cases in my district (maryland) and noticed that all AOS cases have been dismissed and the judges have granted all MTD. I feel hopeless....

Any thoughts/ideas?
Click to expand...

Sorry to hear that. I understand it is very frustrating, but please do not be so frustrated and give up. I live in Virginia. My situation is even worse. I am doing appeal because their delay in processing our cases is unreasonable as a matter of law. They may deny my appeal again, but I will go further.

take care

Xiaocao
 
GC-Pending said:
My AUSA finally filed MTD on my case. I checked other cases in my district (maryland) and noticed that all AOS cases have been dismissed and the judges have granted all MTD. I feel hopeless....

Any thoughts/ideas?
Click to expand...

Maryland is tough bro. But do not despair. We have fellow forumers here giving the Govt. tough fight. Just don't give up.
 
I just know onething, if we lose heart we'll lose everything so hang in there and we'll get the ultimate justice...
 
Finally got my GC after 4 years.

Last week the AUSA's office called me and told me that my case was adjudicated. Today, me and my wife got our GCs. The attached is a brief history of my case. I believe my case can move forward only because of the WOM. I strongly suggest people who are stuck in name check don't get discouraged and take the appropriate legal actions. People on this forum are very knowledgeable and very helpful. I really benefited from this forum.

Thanks, all!

---------------------------------------------------
Aug 2003: filed I-485, Fingerprinted 3 times, Numerous Infopass, name check stuck
Late March 2007: filed WOM Pro Se; wrote to First Lady; wrote for FOIPA.
5/13 2007: name check cleared
5/18 2007: AUSA told me that my name check was cleared, and want to have an extension for the case, to which I agreed. (At the same time I got a letter from FBI saying the letter to First Lady played a role in my name check, and they were still working my on NC. But I'm not sure if the letter to 1st Lady alone is enough.)
Early June 2007: Got USCIS Request of Evidence. Replied on 6/12 2007 and they received it on 6/15 2007
6/18 2007: end of the extension, AUSA filed an answer
7/3 2007: AUSA filed joint ADR Certification, basically saying we have not reached an ADR.
7/5 2007: got the ADR phone conference scheduling notice, phone conference scheduled for 7/12
July Visa bulletin showed that all the visa number for 2007 were used up. No more adjudication is possible.
7/12 2007: got the Stipulation to Dismiss, the defendants agree to adjudicate my case within 30 days when the visa numbers are available again.
8/20 2007: case adjudicated, 8/27 received GC
 
Stats32 said:
On Friday, I serve a summons on Attorney General Alberto Gonzales via mail. On that day, according to today's news, he resigns. Rumors are swirling that Chertoff will replace him, who I also serve as Sec of DHS.

Does anyone know if that affects my case, i.e. will it have to amended once the changes are known?

TIA
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It will affect you case, but you do not need to do anything. Gonzales' name will be automatically replaced by a new name. I really doubt that Chertoff will be promoted to AG.
 
AGC4ME said:
Does Michael Cannon's declaration valid in any WoM cases ? In many MTDs I have seen the argument about factual and facial nature of lack of subject matter jurisdiction (SMJ). Many MTDs just note that the Court shouldn't take any affidavits, declarations from the defendants in order to determine. But I have not seen anyone moving a Motion to Strike these declaration, until now.

Look at 1:07-CV-00256 from Northern District of Ohio Eastern Division. The attorney in this case moved motion to strike on all external affidavits and declarations and the Judge granted them too.

If this is valid then all MTD denied opinions based on Michael Cannon's declaration are in violation of a judicial principle to say the least.

lazycis, paz your comments ?
Click to expand...

I've seen that case too. Check my post from the previous page on the issue.
http://boards.immigrationportal.com/showpost.php?p=1766018&postcount=12756
Read the appellate case, you will get a much better understanding of it.
Those declarations cannot be used to dismiss complaint for lack of subject matter. The jurisdictional issue is a question of law, not a question of facts. The court have to decide whether there is a potential violation of law (controversy arising from the law or from the law interpretation). If facts are disputed, the case should go to trial.
 
how about a getaway in Washington, DC?

The nonprofit organization, Immigration Voice is organizing a rally to be held in Washington DC on September 18th, 2007. The purpose of the rally is for highly skilled, educated immigrants to be seen and for their voices to be heard by elected officials. Too often the media and elected officials seem to focus only on the issue of illegal immigration. These foreign nationals who have played by the rules, followed often-confusing and ever-changing laws by paying expensive fees in order to maintain their legal status feel that their voices must be heard.

http://www.murthy.com/a_sep18.html
 
ddwalker said:
Last week the AUSA's office called me and told me that my case was adjudicated. Today, me and my wife got our GCs. The attached is a brief history of my case. I believe my case can move forward only because of the WOM. I strongly suggest people who are stuck in name check don't get discouraged and take the appropriate legal actions. People on this forum are very knowledgeable and very helpful. I really benefited from this forum.

Thanks, all!

---------------------------------------------------
Aug 2003: filed I-485, Fingerprinted 3 times, Numerous Infopass, name check stuck
Late March 2007: filed WOM Pro Se; wrote to First Lady; wrote for FOIPA.
5/13 2007: name check cleared
5/18 2007: AUSA told me that my name check was cleared, and want to have an extension for the case, to which I agreed. (At the same time I got a letter from FBI saying the letter to First Lady played a role in my name check, and they were still working my on NC. But I'm not sure if the letter to 1st Lady alone is enough.)
Early June 2007: Got USCIS Request of Evidence. Replied on 6/12 2007 and they received it on 6/15 2007
6/18 2007: end of the extension, AUSA filed an answer
7/3 2007: AUSA filed joint ADR Certification, basically saying we have not reached an ADR.
7/5 2007: got the ADR phone conference scheduling notice, phone conference scheduled for 7/12
July Visa bulletin showed that all the visa number for 2007 were used up. No more adjudication is possible.
7/12 2007: got the Stipulation to Dismiss, the defendants agree to adjudicate my case within 30 days when the visa numbers are available again.
8/20 2007: case adjudicated, 8/27 received GC
Click to expand...

Congratulations !!! Hope we all reach the same stage as you :-0)
 
xiaocao said:
Sorry to hear that. I understand it is very frustrating, but please do not be so frustrated and give up. I live in Virginia. My situation is even worse. I am doing appeal because their delay in processing our cases is unreasonable as a matter of law. They may deny my appeal again, but I will go further.

take care

Xiaocao
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Thank you Bou, Xiaocao, AGC4ME, and OK-Boy for your support. I'll try my best to fight back. It's frustrating to see that all of a sudden all judges are following each other's footstep to dismiss our cases.

Xiaocao:
Are you appealing ProSe or through a counsel?
 
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