No he didn't. Probably the defendants never made that argument. Also if the Plaintiff was an EB-2 that may not matter.
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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
No he didn't. Probably the defendants never made that argument. Also if the Plaintiff was an EB-2 that may not matter.
Hi Lazycis,
Thank you very much for providing this very good
case for us. We really appreciate your uploading.
Thanks,
Thank you very much for providing this very good
case for us. We really appreciate your uploading.
Thanks,
Here is another case to cheer you up:
Dong v. Chertoff, Slip Copy, 2007 WL 2601107 N.D.Cal. Sep 06, 2007
MSJ granted to the Plaintiff. It has a very good discussion about a number of arguments, including "cut in line","national security requires the delay","agency burden", etc.
"The Court, however, is not in a position to relieve the defendants’ of their obligation to comply with their mandatory duties. Under the APA, a court “shall” “compel agency action unlawfully withheld or unreasonably delayed.” 5 U.S.C. § 706(1). In this instance, it is not the place of the judicial branch to weigh a plaintiff’s clear right to administrative action against the agency’s burdens in complying."
Hi Lazycis,
BTW, do you have LEXIS version of this order ? If we cite
this case, do you think citing LEXIS version will be better ?
Thanks for your invaluable contribution to this forum.
liuym
BTW, do you have LEXIS version of this order ? If we cite
this case, do you think citing LEXIS version will be better ?
Thanks for your invaluable contribution to this forum.
liuym
Here is another case to cheer you up:
Dong v. Chertoff, Slip Copy, 2007 WL 2601107 N.D.Cal. Sep 06, 2007
MSJ granted to the Plaintiff. It has a very good discussion about a number of arguments, including "cut in line","national security requires the delay","agency burden", etc.
"The Court, however, is not in a position to relieve the defendants’ of their obligation to comply with their mandatory duties. Under the APA, a court “shall” “compel agency action unlawfully withheld or unreasonably delayed.” 5 U.S.C. § 706(1). In this instance, it is not the place of the judicial branch to weigh a plaintiff’s clear right to administrative action against the agency’s burdens in complying."
should I show up for the Rule 26 conf hearing?
I signed a "Stipulation to Continue Rule 26 Scheduling Conference and Order Thereon" with the AUSA on Wednesday, 9/12/07 and AUSA filed it with the court same day. The stipulations reads:
"The FBI Background Name Check has been completed. The results of that background check have been sent to the USCIS for review. The case may be resolved soon and the parties believe it is in the best interests of the litigation to continue the scheduling conference."
Now, I and AUSA tried to contact the deputy clerk of the Judge, but we could not contact her till 6:00p.m. Friday. So we do not know if the Judge approved the stipulation, or he still wants to hold the hearing. The hearing is on Monday 9/17/07 at 9:00a.m.
The question is, should I show up at the court, because I don't know if the scheduling conference hearing has been taken off the court calendar or not.
Any advice on this? Should I take any documents to the court or just show up there? In formal dress, right?
I signed a "Stipulation to Continue Rule 26 Scheduling Conference and Order Thereon" with the AUSA on Wednesday, 9/12/07 and AUSA filed it with the court same day. The stipulations reads:
"The FBI Background Name Check has been completed. The results of that background check have been sent to the USCIS for review. The case may be resolved soon and the parties believe it is in the best interests of the litigation to continue the scheduling conference."
Now, I and AUSA tried to contact the deputy clerk of the Judge, but we could not contact her till 6:00p.m. Friday. So we do not know if the Judge approved the stipulation, or he still wants to hold the hearing. The hearing is on Monday 9/17/07 at 9:00a.m.
The question is, should I show up at the court, because I don't know if the scheduling conference hearing has been taken off the court calendar or not.
Any advice on this? Should I take any documents to the court or just show up there? In formal dress, right?
meroncluster
Registered Users (C)
N-400 Application
Hello,
My priority date for an N-400 application is July 31, 2006 at the Texas Service Center. The finger printing was performed middle of July. No further action until now. The last news, based on my writing to USCIS, says my case is withheld because "background check is incomplete". I filed FOIA with FBI and just found "no record". I am planning to contact my representatives to find out more. I want some advise as to when is the best time to file WOM. Also is there anyone who knows if similar WOM cases have been filed in North Carolina (I live in Durham) and if yes what was the outcome.
Also, I have been recently divorced (on mutual agreement) since filing the application. I was told by an attorney this will not affect my case since my ex-wife and I have been permanent residents for five years. Further she got her permanent residency through me. She became a citizen in four months, while my case has been delayed. Does anyone think I should worry about some complications. Also is it necessary to notify USCIS about this now or wait? If yes, is there a particular form to file?
Thanks very much for your help.
Hello,
My priority date for an N-400 application is July 31, 2006 at the Texas Service Center. The finger printing was performed middle of July. No further action until now. The last news, based on my writing to USCIS, says my case is withheld because "background check is incomplete". I filed FOIA with FBI and just found "no record". I am planning to contact my representatives to find out more. I want some advise as to when is the best time to file WOM. Also is there anyone who knows if similar WOM cases have been filed in North Carolina (I live in Durham) and if yes what was the outcome.
Also, I have been recently divorced (on mutual agreement) since filing the application. I was told by an attorney this will not affect my case since my ex-wife and I have been permanent residents for five years. Further she got her permanent residency through me. She became a citizen in four months, while my case has been delayed. Does anyone think I should worry about some complications. Also is it necessary to notify USCIS about this now or wait? If yes, is there a particular form to file?
Thanks very much for your help.
There shouldn't be any complications due to divorce. You don't need to notify USCIS about the divorce, but when they schedule your interview, they will ask you to review you N-400 form and provide updated information. You should definitely take your divorce decree from the court. Also you should take a copy of any stipulation made in connection with divorce, any child custody related stipulations etc.. If there is child support payments involved, take the proof that you are up to date on child support payments.Hello,
Also, I have been recently divorced (on mutual agreement) since filing the application. I was told by an attorney this will not affect my case since my ex-wife and I have been permanent residents for five years. Further she got her permanent residency through me. She became a citizen in four months, while my case has been delayed. Does anyone think I should worry about some complications. Also is it necessary to notify USCIS about this now or wait? If yes, is there a particular form to file?
Thanks very much for your help.
To make sure, just call the USCIS National Customer Service Center and ask them you need to talk to an Officer. Make a note of when you talked to the Officer, Name of Officer you talked to, what he advised you etc.. for the record.
Start preparation for filing your WOM by filing FOIPA requests, FBI identification record request, congressman/senator help etc.. etc. It may take you a few months. These days, FBI replies to congresstional inquiries in about 3/4 months.. Keep following up with USCIS via infopass and record what info was provided to you. By the time you have a solid case, it may be 5/6 months and you should be ready to file WOM at that time.
I filed "motion for judgement on the pleadings" like 2 weeks ago. today got a letter from the court. it is a notice of document discrepancies, saying:
"upon the submission of the attached document(s),it was notied that the following discrepancies exist:
no motion date/time
order of the judge/magistrate judge:
it is hereby ordered:
the document is to be filed and processed. the filing date is ordered to be the date the document was stamped "received but not filed" with the clerk. consel is advised that any further failure to comply with the local rules may lead to penalities pursuant to local rule 83-7.
"
no motion date/time...does that mean I should have specified some motion date/time in my motion when all parties are to meet in the cournt..something like that?
is this letter a bad thing?
thanks,
greenpea
I am puzzled myself regarding "no motion date/time". When you submitted a motion, did you attach certificate of service? In you certificate of service, you should state that you filed a motion on such and such date with the clerk and served a copy to AUSA.
Looks like your local rules require a proposed order along with the motion. Your best bet is to check cases in your district in PACER and get sample motion with a proposed order.
The letter is a warning, so treat it as such. Make sure you do not do it again or they may dismiss your case. Read your local rules carefully.
meroncluster
Registered Users (C)
There shouldn't be any complications due to divorce. You don't need to notify USCIS about the divorce, but when they schedule your interview, they will ask you to review you N-400 form and provide updated information. You should definitely take your divorce decree from the court. Also you should take a copy of any stipulation made in connection with divorce, any child custody related stipulations etc.. If there is child support payments involved, take the proof that you are up to date on child support payments.
To make sure, just call the USCIS National Customer Service Center and ask them you need to talk to an Officer. Make a note of when you talked to the Officer, Name of Officer you talked to, what he advised you etc.. for the record.
Start preparation for filing your WOM by filing FOIPA requests, FBI identification record request, congressman/senator help etc.. etc. It may take you a few months. These days, FBI replies to congresstional inquiries in about 3/4 months.. Keep following up with USCIS via infopass and record what info was provided to you. By the time you have a solid case, it may be 5/6 months and you should be ready to file WOM at that time.
Thank you very much for the help. It is greatly appreciated. I guess your case seems similar to my case and it seems like something is expected soon. I wish you all the best. Keep us posted on the developments.
Thanks again.
Check the local civil rules
In some district court, you are required to specify the noting date for the motion and provide a proposed order for the judge for the motion. It looks like your district court requires you to do that. And the time/schedule is governed by the local civil rules. Check the local civil rules. For example, in WA, the noting date cannot be earlier than the 4th Friday after the filing and serving of the motion and there always needs a proposed order accompanying each motion which needs to be filed with the court together with the filing of the motion and sent to the residing judge via e-mail attachment as a Word doc.
I would recommend checking a closed case in your district court and look through each phase and the associated filings to get a clear idea of how things work in your district court. And use that as a model for moving ahead in your own case. And if in question at any time, you can either check with the court clerk or the AUSA assigned to your case.
no motion date/time...does that mean I should have specified some motion date/time in my motion when all parties are to meet in the cournt..something like that?
In some district court, you are required to specify the noting date for the motion and provide a proposed order for the judge for the motion. It looks like your district court requires you to do that. And the time/schedule is governed by the local civil rules. Check the local civil rules. For example, in WA, the noting date cannot be earlier than the 4th Friday after the filing and serving of the motion and there always needs a proposed order accompanying each motion which needs to be filed with the court together with the filing of the motion and sent to the residing judge via e-mail attachment as a Word doc.
I would recommend checking a closed case in your district court and look through each phase and the associated filings to get a clear idea of how things work in your district court. And use that as a model for moving ahead in your own case. And if in question at any time, you can either check with the court clerk or the AUSA assigned to your case.
In some district court, you are required to specify the noting date for the motion and provide a proposed order for the judge for the motion. It looks like your district court requires you to do that. And the time/schedule is governed by the local civil rules. Check the local civil rules. For example, in WA, the noting date cannot be earlier than the 4th Friday after the filing and serving of the motion and there always needs a proposed order accompanying each motion which needs to be filed with the court together with the filing of the motion and sent to the residing judge via e-mail attachment as a Word doc.
I would recommend checking a closed case in your district court and look through each phase and the associated filings to get a clear idea of how things work in your district court. And use that as a model for moving ahead in your own case. And if in question at any time, you can either check with the court clerk or the AUSA assigned to your case.
remember my confusion about MSJs that specified a date and time, especially in CA, and MSJs elsewhere that didn't ? All the MSJs in CA had a motion date/time for hearing that I suppose the movers worked out with the court.
nooshinkdd
Registered Users (C)
Opinion here. Read the analysis for 1252(a)(2)(B).
hi, what does it mean?
nooshinkdd
Registered Users (C)
i applied for citizenship in sep.2005 they put interview in April 2005 but they
descheduled interview. i went several times to immigration office, i sent a letter to a congress man but there was nothing. i send a letter for immigration in 6th sep. for 60 days extensions. i am in new york city. does any one know about cases like mine in new york?
descheduled interview. i went several times to immigration office, i sent a letter to a congress man but there was nothing. i send a letter for immigration in 6th sep. for 60 days extensions. i am in new york city. does any one know about cases like mine in new york?
Great Victory
I just read this post. It is great Victory for Fifth Circuit Court Plaintiffs. I am sure FBI will jump on all 1447(b) cases in fifth circuit very quickly. I like the fact they recommended prompt adjudication.
Best of luck to all fellow members who are in process of law suit. I have successfully done it and it is worth fighting these cases.
Here we go:
"Further, we believe the definition of “examination” in § 1447(b) urged by the Government, which would permit virtually unbounded time to respond to naturalization applications, is contrary to the intended purpose of Congress in passing the Immigration and Nationality Act. A central purpose of the statute was to reduce the waiting time for naturalization applicants."
Judgment REVERSED; cause REMANDED.
I just read this post. It is great Victory for Fifth Circuit Court Plaintiffs. I am sure FBI will jump on all 1447(b) cases in fifth circuit very quickly. I like the fact they recommended prompt adjudication.
Best of luck to all fellow members who are in process of law suit. I have successfully done it and it is worth fighting these cases.
hi, what does it mean?
it means that the court has analyzed what effect 8 U.S.C. 1252 has on such complaints. Govt. claims that this statute strips the court of all jurisdiction and the judge has analyzed the statute and clearly states why it doesn't strip the court of jurisdiction. Also read the Dong judgment that lazycis has posted. Another excellent judgment. These judges actually inspire me to take up law profession :-0)
Here is another case to cheer you up:
Dong v. Chertoff, Slip Copy, 2007 WL 2601107 N.D.Cal. Sep 06, 2007
MSJ granted to the Plaintiff. It has a very good discussion about a number of arguments, including "cut in line","national security requires the delay","agency burden", etc..."
thanks for posting this, its' my circuit ruling, it may be handy when it's my turn to write MSJ.
Talking about MSJ... my husband absolutely wants to hire an attorney when matter comes to writing anything against MTD. I'd like to try it myself, as I think that the chance with or without atrny is almost same.
I was looking through the cases in my district and haven't seen MSJ. Is it possible that most 1447(b) cases are settled before MTD in CA ?
Hi Guys,
While my name check pending, I received the second finger print notice for my I-485. Does this mean something? Does this mean that my name check is completed, so they started to work on my case?
Please advise!
Thanks,
Vicky
from what I've learnt there, that really depends on your state. In some states CIS will do routine FP every 15 months (they expire in 15 months), in some states like CA, they do not do them routinely. And if you got a notice that means that they started working on your application.
My FP is 2 yo now, and I've never received a renew notice.
Hi Guys,
While my name check pending, I received the second finger print notice for my I-485. Does this mean something? Does this mean that my name check is completed, so they started to work on my case?
Please advise!
Thanks,
Vicky
Not exactly. did you give your fingerprints 15 months ago ? if so this is routine.
thanks for posting this, its' my circuit ruling, it may be handy when it's my turn to write MSJ.
Talking about MSJ... my husband absolutely wants to hire an attorney when matter comes to writing anything against MTD. I'd like to try it myself, as I think that the chance with or without atrny is almost same.
I was looking through the cases in my district and haven't seen MSJ. Is it possible that most 1447(b) cases are settled before MTD in CA ?
More likely your case will be resolved before AUSA files anything (judging by another member's experience in your circuit). In any case, there is no need (usually) for MSJ in 1447b cases. The only fact that is necessary to prove is that more than 120 days passed since your interview. You actually petitioned court to schedule a hearing on your pending naturalization already so the court now has to decide whether to naturalize you or remand to the USCIS with instructions.