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

lazycis said:
Lena,
No need to worry about those papers. AUSA should have the list of judges in your district and all of them ruled in our favor :)
If you worry, send just missing papers to AUSA office. Surely you do not have to send complaint and summons again. Failure to include those papers does not affect the validity of service according to FRCP.
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Thanks again !

I printed out the delivery confirmation and sent out proof of service today. So, the count down starts from now.
 
xiaocao said:
Yes, I am in appeal stage. I have been doing my best on it. But I do not have any confidence in that if the 4th Cir will make any decision in my favor, and my working contract with my present employer is ending in 11/30/07. I am trying to apply for a job at national Labs. But they require applicants having GC or citizenship.
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Xiaocao,
Sorry to hear about your situation. I recommend you to file a motion to expedite appeal and propose an expedited briefing schedule. I have a sampe motion, PM or e-mail me if you want it or I can just post it here. What do you do? Maybe we can help you to find a new job. Can you extend your current contract? Are you willing to relocate?
 
Request for a case

Lazycis, AGC4ME, and other members,
Any one has a copy of this case, Guangming Liu v. Chertoff, No. 06-3297, 2007 U.S. Dist. LEXIS 29640 (C.D. Ill. April 23, 2007) ? If any one has, could you please post here or email to me ?
my email: ymliu99@gmail.com

Thank you very much for your help !
 
here it is

Liu v. Chertoff, Not Reported in F.Supp.2d, 2007 WL 1202961 C.D.Ill. Apr 23, 2007
Even though Plaintiff's motion for MSJ is denied in this case (it was premature), the court acknowledged that USCIS does have a mandatory duty to process AOS.
"The Defendants, however, have a nondiscretionary duty to process Liu’s application; they cannot decide not to process an application. Such a decision would not be an exercise of discretion, but a refusal to perform assigned duties. This Court has jurisdiction to review whether the Defendants are refusing to act.
 
Thanks so much

Dear Lazycis,
Thanks so much for your quick reply and great help.
Best regards,
liuym
lazycis said:
Liu v. Chertoff, Not Reported in F.Supp.2d, 2007 WL 1202961 C.D.Ill. Apr 23, 2007
Even though Plaintiff's motion for MSJ is denied in this case (it was premature), the court acknowledged that USCIS does have a mandatory duty to process AOS.
"The Defendants, however, have a nondiscretionary duty to process Liu’s application; they cannot decide not to process an application. Such a decision would not be an exercise of discretion, but a refusal to perform assigned duties. This Court has jurisdiction to review whether the Defendants are refusing to act.
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Dear AGC4ME, we are in Brooklyn, NY.
The lawyer's firm with which we did the I140 and 485 is in NJ. The lawyer from that firm who dealt with our case is admitted to the bar in NY, but she is leaving the firm as of Sept. 30 and goes to DC.
Others lawyers in that office are not admitted in NY. Besides, they do not understand the case.
 
They Dont Want Me To Sue

lazycis said:
Liu v. Chertoff, Not Reported in F.Supp.2d, 2007 WL 1202961 C.D.Ill. Apr 23, 2007
Even though Plaintiff's motion for MSJ is denied in this case (it was premature), the court acknowledged that USCIS does have a mandatory duty to process AOS.
"The Defendants, however, have a nondiscretionary duty to process Liu’s application; they cannot decide not to process an application. Such a decision would not be an exercise of discretion, but a refusal to perform assigned duties. This Court has jurisdiction to review whether the Defendants are refusing to act.
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LAZYCIS,

I CALLED MY LAWYER TODAY AND HE SAID HE TALKED TO IMMIGRATION SUPERVISOR HANDLING MY CASE AND HE SAID THAT THEY HAVE HALF OF MY A FILE AND THEY SHOULD RESOLVE IT IN 2 WEEKS AND I SHOULDNT SUE HAVE U EVER OF HALF A FILE WHAT IS THAT A GAME?

my lawyer said i should receive my oath letter in the mail soon and to keep my fingers crossed .

HE SAID IF I DONT HEAR FROM THEM IN 2 WEEKS WELL GO AHEAD AND START BUT HE SAID MORE THAN LIKELY WE DONT NEED 2.

I ALREADY PAID THE LAWYER HALF HIS FEES SO I GUESS I SHOULD FORGET ABOUT THE MONEY IF WE DONT GO TO COURT AND HE RESOLVE IT .

TELL ME WHAT U THINK
 
FBI name check cleared!!!

AUSA just emailed me and told me CIS informed him last friday (last day of the 60-day period) my FBI name check has been completed!!! Because the fingerprints taken last May has already expired, i am scheduled to have another one taken next week.

The AUSA told me that he would draft a stipulation and order next week for my review. I am guessing that this stipulation is for a motion to dismiss the case?

Anyway, thank you so much for folks on this forum, especially lazycis and shvili! Without this forum and you guys, it would have been extremely difficult for me to explore the revenue of filing suit. Thanks again!
 
lazycis said:
Liu v. Chertoff, Not Reported in F.Supp.2d, 2007 WL 1202961 C.D.Ill. Apr 23, 2007
Even though Plaintiff's motion for MSJ is denied in this case (it was premature), the court acknowledged that USCIS does have a mandatory duty to process AOS.
"The Defendants, however, have a nondiscretionary duty to process Liu’s application; they cannot decide not to process an application. Such a decision would not be an exercise of discretion, but a refusal to perform assigned duties. This Court has jurisdiction to review whether the Defendants are refusing to act.
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That blows my attempt to MSJ. In fact after reading I found that my MSJ creates more dispute of fact than this fellow's MSJ. Ignorance is bliss.
 
worried2007 said:
LAZYCIS,

I CALLED MY LAWYER TODAY AND HE SAID HE TALKED TO IMMIGRATION SUPERVISOR HANDLING MY CASE AND HE SAID THAT THEY HAVE HALF OF MY A FILE AND THEY SHOULD RESOLVE IT IN 2 WEEKS AND I SHOULDNT SUE HAVE U EVER OF HALF A FILE WHAT IS THAT A GAME?

my lawyer said i should receive my oath letter in the mail soon and to keep my fingers crossed .

HE SAID IF I DONT HEAR FROM THEM IN 2 WEEKS WELL GO AHEAD AND START BUT HE SAID MORE THAN LIKELY WE DONT NEED 2.

I ALREADY PAID THE LAWYER HALF HIS FEES SO I GUESS I SHOULD FORGET ABOUT THE MONEY IF WE DONT GO TO COURT AND HE RESOLVE IT .

TELL ME WHAT U THINK
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Two weeks is no big deal. Wait and see.
 
Hello everyone,

Finally, I got the response back from the judge after 3 month waiting. The conclusion says "The MTD is DENIED. The parties shall submit a proposed discovery schedule within 30 days."

Could anybody tell me how to write the discovery schedule? Do I need to talk to AUSA? What's the next step after submitting the discovery schedule?

Thanks a lot
 
lazycis said:
Xiaocao,
Sorry to hear about your situation. I recommend you to file a motion to expedite appeal and propose an expedited briefing schedule. I have a sampe motion, PM or e-mail me if you want it or I can just post it here. What do you do? Maybe we can help you to find a new job. Can you extend your current contract? Are you willing to relocate?
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Lazycis,

Thank you very much for you concern and help.

I appreciate your advice for filing a motion to expedite. I have worried about if I can handle it, as I only have a little leisure every day and I know nothing about an appeal. I even do not know what kind of response I am supposed to receive from the court or from the AUSA and how long it usually takes to receive response after I filed the brief. But I would like to follow your advice.

I do not know your email address. Here is mine: brightwater07@gmail.com
Please email me your documents, or unload here.

I am unable to make any relocation currently due to my family situation. I have worked with my current employer as a postdoc for five years since my family and I moved to the US. It is a kind of hard for me to ask for extention again. I very much appreciate your kindness for finding a job for me also.

Thanks again.

xiaocao
 
lazycis said:
If she is suffering because of the delay, then, of course, include her as well. Just keep in mind that you both will have to sign all papers and go before the judge, if necessary.
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Lazycis,

Thank you again and we will follow your advice.

Best regards,
Yongwen
 
lazycis said:
It does not hurt to try. When I read your facts, I did not find any disputed ones...
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I'm going to tread real careful here. This judge has opined that the reason for delay itself is a disputed fact. I removed much of my arguments about IDENT, MOPS etc. Just plain "Plaintiff had a hit, hit could be derogatory or hit, FBI hasn't decided, because priority level is 3". USCIS has refused to expedite and so the court has to take it up.

Oh another piece of info. FBI says that USCIS can expedite up to 100 namechecks per week without affecting its work load !!!!!
 
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