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

lenaf said:
You don't need to sign the summons, that was my mistake, sorry (forgot already :). Thanks lazyCiS for correcting this.
i saw some sommons on pacer in my district (but never downloaded them), I'm sure you can find some too if you search in your district:
https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00idx

About the summonds and return receit - it's very easy, just fill it up as instructed. Clerk in court told me that all defendants can be put in the same sumoons page (in our district there's a choice to use one summons per defender or all of them on same summons) . On the second pageL fill up the names etx, mark Other box and spedify "certified mail signature requested", also put the date when US attorney received the summons at the top for ""service of summons and compaint was made by me".
If you have more questions, the clerk will help you.
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Thank you for your reply and lazyCIS' reply. Toay I got a case number from the court clerk's office. They gave me two addresses in a hurry and i want to double check with you guys:
U.S. Attorney's Office
219 S Dearborn Street, 5th Floor,
Chicago, IL 60604

The other one is :
Peter D Keisler
Acting U.S. Attorney General
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington DC, 20530-0001

The first address doesn't has any person's name on it. I guess that is normal??
And I only need to mail one copy of stamped summon and one copy of complaint (with exhibits) to each defendant, and US Attorney's office, and US Attorney General, right?
After that, I can use the returned receipt and summons to file something with the court, right?

I felt depressed before I filed this case. Now I do feel more hopeful and happier. Hope the situation can be turned around soon. And I cannot go anywhere without the help from your guys. This forum is a great place to exchange information and encourage each other to fight for ourselves!
 
You may add a name - Patrick J. Fitzgerald, US Attorney for the Northern District of Illinois.
Mail a copy of complaint+summon to each defendant and AUSA using certified mail+return receipt requested and you should be all set. When you get a retur receipts back, fill the back pages of all summons and file them with the clerk.
 
MTD granted

after 2 extensions, a 20 page MTD, and a 40 page Opposition to MTD on my I-485, judge wrote a one pager granting the MTD saying that there is no restriction on time and on how long it would take the USCIS to adjudicate the case.... (saying that section 1255a does not impose time limits by which attorney general must decide upon application of status, see Li vs. Gonzalez)

now what? any suggestion??
 
Hiram said:
after 2 extensions, a 20 page MTD, and a 40 page Opposition to MTD on my I-485, judge wrote a one pager granting the MTD saying that there is no restriction on time and on how long it would take the USCIS to adjudicate the case.... (saying that section 1255a does not impose time limits by which attorney general must decide upon application of status, see Li vs. Gonzalez)

now what? any suggestion??
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Hiram,
Sorry to hear that but it just delays inevitable. The next step is to file a notice of appeal with the district court (see attached).
Li vs. Gonzales 3d Cir. 07-2990 will be resolved before your appeal and will give you a boost. I have a contact info for the attorney in Li v Gonzales, if you need it.
 
i would appreciate your answers to these questions

1 -whats the likelyhood that an appeal would work?
2- any sucessful appeals in NJ (not sure what circuit that is)?
3- do appeals trigger expediting name checks?
4- how much time do i have before appealing?
5- when will Li vs. Gonzales 3d Cir. 07-2990 appeal be ruled on?
6- after 22 months of waiting, i just got a 2nd appointment for finger prints.. is this routine? or could be that my namecheck was cleared?
I am planning to make an info pass couple of days after i do my finger printing to check on the status of my case....

i would appreciate your answers to these questions
 
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Now today, I talked to AUSA and he said that the DHS counsel that he needs to speak to is out of office till October 9. Since defendants' answer due date is next week, he asked if I am willing to sign another stipulation for extension of time. Well, I agreed. He seemed very positive about my case and hoped it would be resolved soon. I signed the stipulation, but am concerned something fishy is going on. It seems like the first step now is that DHS needs to determine if they should schedule my interview, as opposed to when to schedule my interview!!! Any comments??
Here is the stipulation:
COME NOW THE PARTIES, Plaintiff in Propria Persona and defendants by their counsel, and stipulate that the defendants shall have up to and including November 6, 2007 to respond to the First Amended Complaint in this action.
Good cause exists for this extension.

The FBI name check in regard to the plaintiff in this action has been completed and the results have been sent to the Department of Homeland Security for review. It is anticipated that within the period of the extension the agency will complete the necessary administrative processing to determine whether the plaintiff can be scheduled for a naturalization interview.
It is respectfully requested that the court approve this stipulation.
 
thanks a lot lazycis ! you guys are really doing a great job in this forum.. i wish all of you success !!

does an appeal require more work? or is it just that one page filed with the distrcit court.. in other words, what do we have to say in the appeal? re-state the same facts ?
 
Hello friends, I was talking today to the judge and AUSA. Judge said that he would rather dismiss my case than give me the court order to adjudicate in 30 days. He does not want to issue the court order because he does not want to create precedents. Besides, he noticed that 4 years waiting for FBI namecheck is unreasonable and if I go to the 11th Circuit after dismissal, they can as well reverse his dismissal and this will be no good. This part I do not understand, I think it would be just great! Why it is no good? He ordered to AUSA to inquire in FBI through his court where the hold up is and if I pose a threat for the national security. AUSA should report to him about her FBI inquiries on next Friday by email and CC it to me as well. She was trying to argue with him about 9/11 and about reasonabliness of 4 years waiting but he ordered her to stop talking in a quite harsh way. Also he told me that the hearing is possible, so I should stop these Pro Se exercises and hire an attorney. And I think AUSA is fresh from the law school, very unexperienced. I will write her and ask if INS issued the expedite namecheck letter or not. I am affraid that she is not aware about this possibility. So, this is update.
Talk to you soon friends, as soon, as I learn something new. I am meeting with lawyer next Thursday.
 
Hiram said:
lazycis, can u please post the appeal document that Li filed in the 3rd circuit
thanks!
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I do not have Li's brief. Your best bet is to go to the clerk's office for the 3rd circuit and make copies of documents filed in Li's case (appellate dockets in pacer do not have pdfs, which stinks). Make a copy of Li's brief and amicus brief filed by AILF. I'd make a copy of other docs filed by Li, that will make your work much easier. Contact AILF and ask them to file amicus in your case as well.
 
Hiram said:
thanks a lot lazycis ! you guys are really doing a great job in this forum.. i wish all of you success !!

does an appeal require more work? or is it just that one page filed with the distrcit court.. in other words, what do we have to say in the appeal? re-state the same facts ?
Click to expand...

Thanks!
Appeal is just different. You need to follow the rules, that was a difficult part for me. But all you need to do is to prepare two briefs and wait for a decision (another part I have trouble with :)). No motions/hearings/trials.

Here is my appellate brief
http://www.immigrationportal.com/attachment.php?attachmentid=16658&d=1184176069
and reply brief
http://www.immigrationportal.com/attachment.php?attachmentid=16916&d=1188467645

Use them as the templates, they comply with all rules. Add cases from your Circuit (see Li's brief and amicus brief).
 
lazycis

did u contact the AILF to file that amicus thing? (what is it by the way, what does it mean?) do they represent you as your lawyers or is it something you do in addition to hiring a lawyer?
how do we contact them? thanks a lot my friend !!
 
aryin said:
Could you explain why the MSJ is filed before conference? How to send the MSJ? By register mail or bring to the court?
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According to rule 56 of FRCP, MSJ can be filed at any time during the process. You file MSJ with the court and send a copy to AUSA, the same way you did other papers. Do not forget to attach a certificate of service and statement of undisputed facts to your MSJ. MSJ should speed up the process.
 
Hiram said:
did u contact the AILF to file that amicus thing? (what is it by the way, what does it mean?) do they represent you as your lawyers or is it something you do in addition to hiring a lawyer?
how do we contact them? thanks a lot my friend !!
Click to expand...

I did not contact AILF (I should've, but I was trying to expedite appeal so I skipped amicus in favor of speeding up the process). Amicus is a third party which is not directly involved in the appeal, but has interest in the outcome. They do not charge for filing amicus brief and they are an addition to a lawyer.
http://www.ailf.org/main_contact.asp
 
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