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

lazycis - citation question

how do you find out what line is the opinion in a judgment you want to quote ? for example Reno v. AADC 525 U.S. 471. I want to quote supreme court's views on 1252(a)(2)(B) (barring review of denials of discretionary relief authorized by various statutory provisions). how do I know the line number ?

Here's the update on my case. Defendants have asked for 2 weeks extension, so their answer is due by 10/9/2007, my reply to their dispositive motion is 10/23/2007. decision on msj 10/29/2007.
 
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I have a couple of questions about this case.

On the left column of page 6: "The fact that plaintiffs have failed to file a summary judgment evidentiary appendix does not undercut the court's conclusion in the circumstances presented here. At issue is the reasonableness of the delay as a matter of law; plaintiffs are not required to adduce extrinsic evidence to support their position where the dispute is principally legal rather than factual."

Does this mean that plaintiff doesn't need to show evidence that the delay is unreasonable? Or it only applies when the defendants file MSJ?

On the right column of page 6: "This court, however, has repeatedly refused to consider evidence submitted in a summary judgment reply appendix that was filed without first obtaining leave of court. See, e.g., Dethrow v. Parkland Health Hosp. Sys., 204 F.R.D. 102, 104 (N.D. Tex. 2001) (Fitzwater, J.) (holding that party may not file summary judgment reply appendix without first obtaining leave of court)."

Is this specified in the federal rules? I can't find it in rule 56. Could it be just in the local rules?
 
AGC4ME said:
lazycis, we all know the answer to all those questions right. Either it is law enforcement privilege or the statistics are not easily obtained from the current system. But I like the 103.2(b)(18) stuff. Yeah ask for a sworn statement from USCIS as to whether it was followed.
Click to expand...

It's much harder to ignore a subpoena than a discovery request. A party can quash subpoena only by filing a motion with the court. I also think calling a witness from NNCP is a good idea. It will probably lead to a quick resolution.
Let Mr. Cannon or Mr. Hardy come before judge and explain the procedures in the dissemination section. We need to get to the bottom of this.
 
AGC4ME said:
how do you find out what line is the opinion in a judgment you want to quote ? for example Reno v. AADC 525 U.S. 471. I want to quote supreme court's views on 1252(a)(2)(B) (barring review of denials of discretionary relief authorized by various statutory provisions). how do I know the line number ?

Here's the update on my case. Defendants have asked for 2 weeks extension, so their answer is due by 10/9/2007, my reply to their dispositive motion is 10/23/2007. decision on msj 10/29/2007.
Click to expand...

I use supreme.justia.com for supreme court cases.
http://supreme.justia.com/us/525/471/case.html
The place you are looking for is on page 486.
 
definition of action in 1252(a)(2)(B)(ii)

in 1256(a) it says "action taken granting an adjustment of status". Can we cite this and argue that the action in 1252 denotes only the grant portion of adjustment of status and not the entire process ? Also in 8 U.S.C. 551 (definitions) Congress has defined “adjudication” as agency process for the formulation of an order. 1252(a)(2)(B) doesn't protect "adjudication" of applications from judicial review.
 
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hello
I just filed on sep 4th 1447(b). Now is more then 2 weeks i served the ausa so can i get infopass to check if my namecheck was cleared or not or the uscis they knew already i suit them, won t give the answer.
 
man400 said:
hello
I just filed on sep 4th 1447(b). Now is more then 2 weeks i served the ausa so can i get infopass to check if my namecheck was cleared or not or the uscis they knew already i suit them, won t give the answer.
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You can take infopass. I took infopass several times while my law suit was on. The IO did not know anything about the law suit. There is no provision on their computers or in their workflow to mark a law suit and they dont do it. Cahnces are the IO wont even know about the law suit.
 
Thankyou lotechguy for your help,
Today my first call to ausa but just the answer machine, i didn t leave a message. should i leave a message ask him if there is any progress in my case or i wait till i talk to him directly
 
man400 said:
Thankyou lotechguy for your help,
Today my first call to ausa but just the answer machine, i didn t leave a message. should i leave a message ask him if there is any progress in my case or i wait till i talk to him directly
Click to expand...

I would wait to talk to him. I never left a message. Keep trying, good times are 1:30PM, they are just back from lunch or 8:00-8:30AM, they just came in.
 
Dear all,
I have received email notices from the CIS this morning at 10:30 am, which say that my I-485 petitions have been approved. I am so surprised and happy.

I appreciate all you help, especially, I would like to thank Lazycis, AGC4ME for their great help, advice and encouragement.

I also got a call from my AUSA, he asked for permition to let him write a motion to dismiss my case, as it has been granted.

I would like to get your advice what is the proper way to resolve the case. Should I write a motion or let him write it?

Thanks again.
Qian
 
Congratulations

Hi Xiaocao,
Congratulations !!! I am so happy to see your applicaiton
got approved. Really share your happiness.
As I understand your case has been dismissed by the judge
and now you are in an appeal stage. Why does the AUSU bother
to file a dismiss ? It has been dismissed, and your approval is
after your case was dismiss, I am confused with the AUSA.
Congratulation again.

liuym
xiaocao said:
Dear all,
I have received email notices from the CIS this morning at 10:30 am, which say that my I-485 petitions have been approved. I am so surprised and happy.

I appreciate all you help, especially, I would like to thank Lazycis, AGC4ME for their great help, advice and encouragement.

I also got a call from my AUSA, he asked for permition to let him write a motion to dismiss my case, as it has been granted.

I would like to get your advice what is the proper way to resolve the case. Should I write a motion or let him write it?

Thanks again.
Qian
Click to expand...
 
xiaocao said:
Dear all,
I have received email notices from the CIS this morning at 10:30 am, which say that my I-485 petitions have been approved. I am so surprised and happy.

I appreciate all you help, especially, I would like to thank Lazycis, AGC4ME for their great help, advice and encouragement.

I also got a call from my AUSA, he asked for permition to let him write a motion to dismiss my case, as it has been granted.

I would like to get your advice what is the proper way to resolve the case. Should I write a motion or let him write it?

Thanks again.
Qian
Click to expand...

This is wonderful news, my friend! The Sun is shining again :) I guess they got scared after all :) Enjoy your freedom!
Do not worry about the dismissal, AUSA will take care of it or the Court of Appeal will dismiss it anyway if you do nothing.
 
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xiaocao said:
Dear all,
I have received email notices from the CIS this morning at 10:30 am, which say that my I-485 petitions have been approved. I am so surprised and happy.

I appreciate all you help, especially, I would like to thank Lazycis, AGC4ME for their great help, advice and encouragement.

I also got a call from my AUSA, he asked for permition to let him write a motion to dismiss my case, as it has been granted.

I would like to get your advice what is the proper way to resolve the case. Should I write a motion or let him write it?

Thanks again.
Qian
Click to expand...

wow !!!! Enjoy and now start living your life freely.
 
xiaocao said:
Dear all,
I have received email notices from the CIS this morning at 10:30 am, which say that my I-485 petitions have been approved. I am so surprised and happy.


Qian
Click to expand...

Congratulations from me too ! I'm glad to see that there's some justice in this world, we just have to really fight, sigh.
Your case will be a good precedent. Enjoy.
 
To Lazycis and all

I received summons from district court along with 4 copies of paper named as: NOTICE OF RIGHT TO CONSENT TO EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE. Anyone know what's this notice for? And How do I deal with these NOTICEs. One highlighted sentence there is "If you decide to consent, our case will receive a date certain for trial."...." No action eligible for arbitration will be referred by consent of t he parties until the arbitration has been concluded and trail de novo demanded pursuant to Local Rules 53.2..... The Court may, for good cause shown. or on its own motion, or under extraordinary circumstanced shown by any party, vacate a reference of a civil mater to a magistrate judge...... "
There are 6 original summons with Deputy Clerk's original signiture. I have 5 defendents in my lists. So I guess they send me 6 summons. Five for 5 defendents and one for me. Am I right?
 
Congratulations xiaocao

xiaocao said:
Dear all,
I have received email notices from the CIS this morning at 10:30 am, which say that my I-485 petitions have been approved. I am so surprised and happy.

I appreciate all you help, especially, I would like to thank Lazycis, AGC4ME for their great help, advice and encouragement.

I also got a call from my AUSA, he asked for permition to let him write a motion to dismiss my case, as it has been granted.

I would like to get your advice what is the proper way to resolve the case. Should I write a motion or let him write it?

Thanks again.
Qian
Click to expand...
 
Another question.

First, Congratulations to XiaoCao.
I also received a letter from AUSA almost at the same time when I received summons form district office. That's a copy of ENTRY OF APPEARANCE and CERTIFICATE OF SERVICE from AUSA sent to court judge and cc to me. Does that mean AUSA already received my complain from court. Do I still need to send the complaint and summons to AUSA?
Thanks
 
dragon66 said:
First, Congratulations to XiaoCao.
I also received a letter from AUSA almost at the same time when I received summons form district office. That's a copy of ENTRY OF APPEARANCE and CERTIFICATE OF SERVICE from AUSA sent to court judge and cc to me. Does that mean AUSA already received my complain from court. Do I still need to send the complaint and summons to AUSA?
Thanks
Click to expand...

you have 5 defendants and the sixth one is for your AUSA (I mean US Attorney for your district, it may not be the same guy who filed appearance form). You still need to send a copy of the complaint to AUSA and all 5 defendants. Send a copy of summons for other defendants to AUSA as well (photocopy will do). If you sign a consent for a magistrate judge, it will more likely speed up the process.
 
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