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

Our case update

Last Friday we had a hearing on MSJ filled by AUSA and cross-motion MSJ filled by us. Both had been denied by judge. However, judge recommended us to continue our discovery. The first time AUSA denied to include the full list of the questions that we asked. This time judge specificly mentioned that we have to list all the questions to FBI we need to get an aswer. In the same time she told AUSA to be more cooperative in this matter. Anybody knows what kind of format we have to write up our questions, do we need to update our original discovery plan. Do we need to submit it to the court or just send to AUSA? This lazy guy doesn't want to move his fingure to do anything for us. I am so frustrated
 
nastena read FRCP rule 33

http://www.law.cornell.edu/rules/frcp/Rule33.htm

Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 25 in number including all discrete subparts,.....

So open a word document put the usual cover sheet with case number, defendant's name, plaintiff's name etc, title it INTERROGATORY and then list all your questions.

If it's FBI some questions you can ask

How does FBI receive a request for name check from USCIS for cases such as plaintiffs (an electronic file transmitted or what mechanism)
What steps are involved in completion of a name check from the time such a request is received.
When did FBI receive USCIS request for name check
When did FBI initiate the process of name check
Typically how long such checks take
What reasons would delay such checks
Amongst the reasons specified above, which one(s) are responsible for delay in Plaintiff's case.
What specific checks have been completed so far
How much time did these checks take
How many more checks are remaining
Typically how long do the remaining checks take

so on. Anything to build your case that FBI just ignored your file.
 
GC-Pending said:
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?
Click to expand...

I am appealing Pro Se with the help of members here. I want to see if there is any justice in the US.
 
4th circuit court of appeals reverses judge chasanow's decision in 1447(b)

Natz WoMers from Maryland should be happy.
 
Hi All,

One question very quick and I need everyone’s feedback on it. I filed my N-400 last year and got my namecheck stuck for the past 10 months. I feel the current local office is very prejudice against my race as I talked to many folks lately and got that impression. I’m planning to file another N-400 from the other center. My question is can I file two N-400 at the same time just like filing two green cards applications? Please help ASAP….
 
OK-Boy said:
Hi All,

One question very quick and I need everyone’s feedback on it. I filed my N-400 last year and got my namecheck stuck for the past 10 months. I feel the current local office is very prejudice against my race as I talked to many folks lately and got that impression. I’m planning to file another N-400 from the other center. My question is can I file two N-400 at the same time just like filing two green cards applications? Please help ASAP….
Click to expand...

You will most likely getstuck again in theName check and their system already knows that u filed before. My suggestion is that move to the district that is freindly(if posssible) and then file WOM after exahsuting all your admiin remedies.
 
One lower told me once that one can start 2 processes for GC: ex by employer and by spouse, and see which one is done faster.
The difference here is that you will be using the same grounds for N400.. not sure how it'll be received.
 
Please give me your advice and suggestions on my Brief

Dear all,
For some reason, I have to submit my Informal Brief (IB) to the 4th Circuit Court on Aug. 30, this Thursday
Thanks to Lazysic's and other members' help, I finished the draft of my IB based on Lazysic's Brief.
I would very much appreciate if you could take a look at both the Order and the IB, and give me your advice and suggestions.
The best thing you can help me is using the Word Track-change, make the changes and send back to me.
(I hightlighted some places that I do not know how to express or I am not sure)

Tons of thanks in advance.
Xiaocao
 
my friends:
I sent out 5 summons on 08/15 and still not getting the return receipts for Chertoff and Gonzalez. I got the other 3 last week. I checked the USPS online tracing record, they were delivered 08/22. Did anybody experience this slow response before? thanks a lot.
 
eagle69 said:
my friends:
I sent out 5 summons on 08/15 and still not getting the return receipts for Chertoff and Gonzalez. I got the other 3 last week. I checked the USPS online tracing record, they were delivered 08/22. Did anybody experience this slow response before? thanks a lot.
Click to expand...

In my case it took 1 month to gt back reciepts, Mueller being the longest. Anyway for proof of service you dont need the receipt card, just the USPS tracker printout will work.
 
Hi All,

I filed FOIAP and got reply that they have not record on my name. Then I filed an appeal; asking to search for al the record and got a reply lately that FBI could locate no record responsive to my name in its automated indices. It mentioned that if I’m dissatisfied with the appeal, I may ask for the judicial review in accordance with 5 U.S.C. 552(a)(4)(B). Can anyone explain this and advice to ask for Judicial review in order to get my security check process faster or help me in filing Mandamus later. Please help!
 
eagle69 said:
my friends:
I sent out 5 summons on 08/15 and still not getting the return receipts for Chertoff and Gonzalez. I got the other 3 last week. I checked the USPS online tracing record, they were delivered 08/22. Did anybody experience this slow response before? thanks a lot.
Click to expand...


thats very normal.. they sent it back to me 3 months later. Don't wait.. print out the delivery confirmation from the USPS website and file in the court as a proof that they were served. File the other green cards as well (the one u received back)...
 
eagle69 said:
my friends:
I sent out 5 summons on 08/15 and still not getting the return receipts for Chertoff and Gonzalez. I got the other 3 last week. I checked the USPS online tracing record, they were delivered 08/22. Did anybody experience this slow response before? thanks a lot.
Click to expand...

lotechguy is right. It takes quite a while for the returns to come back. But you can print out the USPS page and file it in the court. Check with your court clerk if they allow it.
 
xiaocao said:
Dear all,
For some reason, I have to submit my Informal Brief (IB) to the 4th Circuit Court on Aug. 30, this Thursday
Thanks to Lazysic's and other members' help, I finished the draft of my IB based on Lazysic's Brief.
I would very much appreciate if you could take a look at both the Order and the IB, and give me your advice and suggestions.
The best thing you can help me is using the Word Track-change, make the changes and send back to me.
(I hightlighted some places that I do not know how to express or I am not sure)

Tons of thanks in advance.
Xiaocao
Click to expand...

Man, you did not give us too much time :)
Anyway, I put a few references to the 4th Cir. decisions to reinforce your position. The 4th Cir. actually has a pretty good opinions search, including full-text search using boolean operators. Here is a hint: use one of the known cases to pull other relevant decisions (i.e., search for "Accardi").

Stay in touch and may God help you!
 
I-485 victory in Oregon

Congratulations to yvesliu. He got his MSJ granted yesterday. This is the first I485 victory in Oregon.
 
lazycis said:
Man, you did not give us too much time :)
Anyway, I put a few references to the 4th Cir. decisions to reinforce your position. The 4th Cir. actually has a pretty good opinions search, including full-text search using boolean operators. Here is a hint: use one of the known cases to pull other relevant decisions (i.e., search for "Accardi").

Stay in touch and may God help you!
Click to expand...


Hi Lazycis,
I can not thank you enough.
You have done a lot of search for me, and the changes you made are very important, which made my IB much stronger. I will submit it to the court tomorrow.
Thanks again. My family and I very much appreciate your great help.

Xiaocao
 
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