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

wommei said:
I filed 485 under EB2 catergory on September 2005 and visa number become available from June 2007. Do I need to say something about visa bulletin and when the visa number become available in the complaint for WOM?
Do I have to go to the clerk for dropping off the papers or I can mail the complaint and summons to the court? Thanks much.
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Include every you know about your case in your complaint. I recommend you go to the clerk instead of mailing it. You save sometime and if there is problem, the clerk will tell you can take of it. In addition, you can quickly serve the defendants. check out the link below, i wrote some stuff about WOM base on my experience and my knowledge.

http://www.sourcelook.com/WritOfMandamus.aspx

GOOD LUCK
 
KBLI said:
Why the US Attorney want to file a MTD? Did he tell you the reason? did you agree with with? I think, your WOM as something to do with the fingerprint. When you file WOM now and your case start to move, US Attorney tend to pretend that they have nothing to do with it. because if they agree to have something to do with it, you can request filling fees and more once your case is solve. But if they do not agree to have something to do with it, it will be difficult to get somthing out off them and they can tell the judge that the case just process without their intervention. On my case, the US Attorney never agreed to have contacted USCIS but she knews that my background check was completed and my petition will be provess soon. How can she know that without interacting with USCIS. Do not agree to MTD.
Thanks!
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He said that in court, he said he would like to file MTD in front of the judge, and the judge give him a deadline and also give me a deadline to file oppose to MTD. i don't think i have a chance to say 'No' at that moment. He said he contacted FBI and USCIS, and said my name is in the backlog list, and no estimation when they will reach my name. He also said usually this kind of case will resolve by themselves, but if not, he will file MTD.
 
vicky2006 said:
He said that in court, he said he would like to file MTD in front of the judge, and the judge give him a deadline and also give me a deadline to file oppose to MTD. i don't think i have a chance to say 'No' at that moment. He said he contacted FBI and USCIS, and said my name is in the backlog list, and no estimation when they will reach my name. He also said usually this kind of case will resolve by themselves, but if not, he will file MTD.
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Case in backlog list is not a good reason for the US Attorney to file a MTD. Do not worry, start to prepare your opposition to the MTD. You have a good chance of winning this case. Do not worry about the US Attorney. the most important person is the Judge. Try to convince the judge in your opposition that backlog cannot be reason for extensive delay and ask the judge to order USCIS and FBI to process your background within 30 days. This is a draft of opposition to MTD http://www.sourcelook.com/Immigrationdocs/USE in MTD-Draft_OPP-MTD by member.doc
I downloaded several oppositions to MTD on http://www.sourcelook.com/immigrationsample.aspx

Good luck!
 
about your WOM

Vicky2006, I am in Chicago area too and started to prepare WOM by myself. Did you do some research about WOM? What is the chances to win WOM case in chicago area? I filed my 485 on September 2005 and name check is still pending with FBI.



vicky2006 said:
He said that in court, he said he would like to file MTD in front of the judge, and the judge give him a deadline and also give me a deadline to file oppose to MTD. i don't think i have a chance to say 'No' at that moment. He said he contacted FBI and USCIS, and said my name is in the backlog list, and no estimation when they will reach my name. He also said usually this kind of case will resolve by themselves, but if not, he will file MTD.
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AGC4ME said:
You can print out the USPS webpage and use it to as receipt for other summons. USPS takes about a month to get all the receipts back.
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lazycis said:
The receipt from AUSA is the most important. 60 day count starts from that day. Eventually you'll get other receipts aor you can use USPS printouts if the court accepts them. AUSA have to respond in 60 days. Be prepared to wait 60 days and you can work on opposition to motion to dismiss/Motion for summary judgment in the meantime.
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Thank's for the reply guys, I'll start working on MTD/Motion for summary judgment.
 
KBLI said:
Case in backlog list is not a good reason for the US Attorney to file a MTD. Do not worry, start to prepare your opposition to the MTD. You have a good chance of winning this case. Do not worry about the US Attorney. the most important person is the Judge. Try to convince the judge in your opposition that backlog cannot be reason for extensive delay and ask the judge to order USCIS and FBI to process your background within 30 days. This is a draft of opposition to MTD http://www.sourcelook.com/Immigrationdocs/USE in MTD-Draft_OPP-MTD by member.doc
I downloaded several oppositions to MTD on http://www.sourcelook.com/immigrationsample.aspx

Good luck!
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Thank you very much KBLI, the link will be very helpful. There is one thing I forgot to say. It has been over 60 days since I filed WOM, i didn't file motion for sumamry judgement, because I heard even though you filed it, the judge will not grant it if the defendant is the government.
 
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wommei said:
Vicky2006, I am in Chicago area too and started to prepare WOM by myself. Did you do some research about WOM? What is the chances to win WOM case in chicago area? I filed my 485 on September 2005 and name check is still pending with FBI.
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I didn't look at a lot of old cases, but I heard chicago area is not bad. I will file it anyway, since it is the only way to get the name check done. I don't want to wait any more.
 
vicky2006 said:
I didn't look at a lot of old cases, but I heard chicago area is not bad. I will file it anyway, since it is the only way to get the name check done. I don't want to wait any more.
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Here are good cases from 7th Circuit:

Agbemaple v. I.N.S., 1998 U.S. Dist. LEXIS 7953 (N.D. Ill. May 12, 1998)
Guangming Liu v. Chertoff, Not Reported in F.Supp.2d, 2007 WL 1202961 C.D.Ill. Apr 23, 2007
Paunescu v. INS, 76 F. Supp. 2d 896 (N.D. Ill. 1999)
Razik v. Perryman, Not Reported in F.Supp.2d, 2003 WL 21878726 N.D.Ill. Aug 07, 2003
 
Lazycis, AGC4ME,
Any recent MTD denied/granted in the the 6th circuit districts (MI, OH, KY, TN) within the last two weeks? I am doing my last minute effort for my MTD hearing tomorrow.
 
Slow_CIS said:
Lazycis,
Given that the MTD is granted, what are the steps and timelines to appeal?
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1. File notice of appeal with the distric court clerk. Pay $450. File it asap even though you have 60 days to file it.
2. Order transcripts of hearings (if any) - clerk will help you with that.
3. The clerk will send your docket to the court of appeals
4. You'll get a letter from the court of appeals that your case is docketed.
5. Read local rules and follow them. More likely you'll need to file something within 2 weeks after the appeal is docketed.
6... to be continued

Latest cases from your circuit:
Guiliang Tang v. Chertoff, 2007 U.S. Dist. LEXIS 64022 (D.K.Y. Aug 29, 2007)
Saleh v. Hansen, 2006 WL 2320232 (S.D. Ohio Aug 9, 2006)
Totonchi v. Gonzalez, 2007 U.S. Dist. LEXIS 59003 (N. D. Ohio Aug 13, 2007)
Yan Yang v. Gonzales, (S.D.Ohio Jun 11, 2007)
 
KBLI said:
Include every you know about your case in your complaint. I recommend you go to the clerk instead of mailing it. You save sometime and if there is problem, the clerk will tell you can take of it. In addition, you can quickly serve the defendants. check out the link below, i wrote some stuff about WOM base on my experience and my knowledge.

http://www.sourcelook.com/WritOfMandamus.aspx

GOOD LUCK
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Thank you for these helpful information. I will read more on that website.
 
thank you

lazycis said:
Do not mention visa numbers, that info is changing every month and is not relevant to the case. Yes, you can mail everything to the clerk (do not forget to include check). They will mail summons back to you.
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Lazycis, Thank you for your reply and it is very helpful.
 
lazycis said:
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.
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Do you know stand of 11th court (Central Florida) on 1447b?
 
z350 said:
Do you know stand of 11th court (Central Florida) on 1447b?
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There is no Central Florida... I mean, Central Florida district court does not exist. They call it Middle District, but you may be in the Nothern District. :)
Check it here: http://www.uscourts.gov/courtlinks/

Favorable cases:
Hussein v. Gonzales, 474 F. Supp. 2d 1265 (M.D. Fla. 2007)
Dib v. Chertoff, Slip Copy, 2007 WL 2155642 M.D.Fla. Jul 26, 2007

Naos v. Swacina, No. 07-20724 (S.D. Fla. June 29, 2007)
Shamsai v. Gonzales, No. 06-0882, 2006 U.S. Dist. LEXIS 76613 (N.D. Ga. 2006)
 
A couple of questions for LazyCIS..

Lazy,

1) Would you by any chance have a list of favorable opinions for the 3rd circuit?
2) I haven't seen you use "the FBI Name Check procedures in the case of delay" [8 CFR 103.2(b)(18)] in your appeal. They sounded solid to me.. Have you found any flaws/inapllicability?

lazycis said:
There is no Central Florida... I mean, Central Florida district court does not exist. They call it Middle District, but you may be in the Nothern District. :)
Check it here: http://www.uscourts.gov/courtlinks/

Favorable cases:
Hussein v. Gonzales, 474 F. Supp. 2d 1265 (M.D. Fla. 2007)
Dib v. Chertoff, Slip Copy, 2007 WL 2155642 M.D.Fla. Jul 26, 2007

Naos v. Swacina, No. 07-20724 (S.D. Fla. June 29, 2007)
Shamsai v. Gonzales, No. 06-0882, 2006 U.S. Dist. LEXIS 76613 (N.D. Ga. 2006)
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wom said:
Lazy,

1) Would you by any chance have a list of favorable opinions for the 3rd circuit?
2) I haven't seen you use "the FBI Name Check procedures in the case of delay" [8 CFR 103.2(b)(18)] in your appeal. They sounded solid to me.. Have you found any flaws/inapllicability?
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1) We maintain the spreadsheet for AOS cases here (you'll need gmail account to view it):
http://spreadsheets1.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en

2) I did use it in my reply brief (page 429(?) of this thread)
 
How to avoid Judge? Do I have choice?
Do you have any documents on Hussein v. Gonzales and Dib v. Chertoff or should I find them on PACER? On Jan 18th will be 2 years anniversary of my "relation" with CIS and two years of my NC on Feb 1st. I'm thinking about 1447b since I already had my interview in June '06.
 
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