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

lazycis said:
I like it.
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Could it back fire ? What if USCIS creates a generic letter that says Associate commissioners authorize withholding of adjudication on all applications pending name checks ? You can argue that the regulations call for a case by case check or that the reasons behind the withholding are still reviewable by the Court. Is it worth it ?
 
AGC4ME said:
Could it back fire ? What if USCIS creates a generic letter that says Associate commissioners authorize withholding of adjudication on all applications pending name checks ? You can argue that the regulations call for a case by case check or that the reasons behind the withholding are still reviewable by the Court. Is it worth it ?
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That's the beauty of it! Even if the USCIS complies with the regulations, you can still ask court to review its actions. Jurisdictional bar of 1252(a)(2)(B) does not apply to regulations (look at the article from Davis that you've posted)! So it's a win-win situation for us. On one hand, the USCIS has to follow the regulations, but even if it does, the court can still review whether the delay is unreasonable. Plus, any letter cannot be retroactive. Even the USCIS does not have time travel capabilities :)
 
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AUSA has asked for 2 weeks extension to file his response to my MSJ. He has also indicated that he will file for MSJ on behalf of defendants on Oct. 9th. Funny thing I have asked for expedited hearing before September 30th.
 
Come on, AUSA needs some time to read thru all three volumes of your MSJ :)
It sucks that you have to wait though...
 
It wasn't that bad. 5 pages of statement of facts, 23 pages of memorandum. That's about it. I included only about 10 pages from FBI. I bet he never looked at all the documents.
 
Amicus Curiae

Is there any way to invoke or invite an Amicus Curiae brief in support of your case? or is is something that outside organizations monitoring courts of appeal cases get involved on their own based on their interests?
 
Slow_CIS said:
Is there any way to invoke or invite an Amicus Curiae brief in support of your case? or is is something that outside organizations monitoring courts of appeal cases get involved on their own based on their interests?
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I'm sure if you go to appeal and contact AILF/AILA, they will file amicus brief for your case.
 
Case dismissed as this.
Can new WOM be filed?

Title 8 U.S.C. § 1252(a)(2)(B)(ii) divests this court of
jurisdiction and the case will be dismissed pursuant to
Fed.R.Civ.P. 12(b)(1)
 
OK-Boy said:
Lazycis,

It means that if a WOM has been denied from a District Court we cannot file another one; cane we file an appeal? Thanks,

OK-Boy
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You can file another one, but it will result in a quick dismissal. So why bother? Save time and money and file notice of appeal instead.
BTW, I am in contact with attorney in 3rd Circuit who is handling the appeal in Li v Chertoff (dnj). If anybody interested in hiring an attorney for the appeal, I can provide her contact info.
 
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Lazycis,

once it is dismissed, is it possible to file another one if the plaintiff is relocated? or can plaintiff file another one to a different local district in the same circuit court?


thanks.

Joyeia
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lazycis said:
You can file another one, but it will result in a quick dismissal. So why bother? Save time and money and file notice of appeal instead.
BTW, I am in contact with attorney in 3rd Circuit who is handling the appeal in Li v Chertoff (dnj). If anybody interested in hiring an attorney for the appeal, I can provide her contact info.
Click to expand...
 
joyeia said:
Lazycis,

once it is dismissed, is it possible to file another one if the plaintiff is relocated? or can plaintiff file another one to a different local district in the same circuit court?


thanks.

Joyeia
-------------------
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That's a good point. Yes, it is possible to file the same case in another district. And it is not necessary to move. For example, if an application is pending in VSC, you can file a case in Vermont district, etc. In fact, it does not matter where you live if you are not a permanent resident to establish the proper venue.
 
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about wom

vicky2006 said:
Good news! I got a letter from the first lady today that says my name check was processed and finalized on August 14, 2007. The results were forwarded to the USCIS headquarters, washingtion, DC.

I will give the credit to WOM. It is WOM that make it happen!!!

So how long it takes for USCIS to make the decision. As I said in previous posts, I just got the notice for second finger print. will I get my green card soon?

Also do i need to communicate with the US atterny now, since he said he will file motion to dismiss on the status hearing yesterday.
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If I were you, I would still spend some time to prepare for opposition to the MTD. Even if the name check is cleared, it doesn't mean that you will get green card soon. To be on the safe side, you should fight until you get your green card.
By the way, did you present at some hearing and present yourself in front of a judge? Or you only filed you case all through writing?
 
Lazycis,

Would you please explain this a little? ie. if my case has been dismissed in eastern court of CA, can I file another one in northern district of CA?

also, if the judge ordered the clerk to close the case, does that mean the plaintiff can not open it anymore?

thanks again.

Joyeia

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lazycis said:
That's a good point. Yes, it is possible to file the same case in another district.
Click to expand...
 
joyeia said:
Lazycis,

Would you please explain this a little? ie. if my case has been dismissed in eastern court of CA, can I file another one in northern district of CA?

also, if the judge ordered the clerk to close the case, does that mean the plaintiff can not open it anymore?

thanks again.

Joyeia

--------------
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It depends. To establish a proper venue in a particular district, one of the following has to be met:
1. Plaintiff resides in the district (does not apply to AOS Wom)
2. Defendant resides in the district. If one of the defendants reside in CAND, you can refile your case there.
3. Significant part of the events related to the case happened in the district. Therefore, if your application is pending in Texas Service Center, you can file in TXND, if VSC - Vermont, CSC - CACD, NSC - Nebraska and we have favorable rulings from all four :)

If the case is closed, it does not mean it cannot be reopened. One way is to appeal...
 
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Thanks Lazycis.
Sorry to bother you again. I filed AOS WOM in CAED (pro se), I reside in CAED. My cased is dismissed and Judge orders the clerk to close the case. I am thinking of the possibility to refile in CAND. None of the defendant resides in CAED or CAND. My application is pending in CSC. So it is possible that I can refile my case in CAND?

By the way, what is the meaning of closing the case?

Thanks



Joyeia
-------

lazycis said:
It depends. To establish a proper venue is a particular district, one of the following has to be met:
1. Plaintiff resides in the district (does not apply to AOS Wom)
2. Defendant resides in the district. If one of the defendants reside in CAND, you can refile your case there.
3. Significant part of the events related to the case happened in the district. Therefore, if your application is pending in Texas Service Center, you can file in TXND, if VSC - Vermont, CSC - CACD, NSC - Nebraska and we have favorable rulings from all four :)

If the case is closed, it does not mean it cannot be reopened. One way is to appeal...
Click to expand...
 
gmlvsk said:
Case dismissed as this.
Can new WOM be filed?

Title 8 U.S.C. § 1252(a)(2)(B)(ii) divests this court of
jurisdiction and the case will be dismissed pursuant to
Fed.R.Civ.P. 12(b)(1)
Click to expand...

you can file an appeal with the US district court of appeals
 
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