lazycis
Lazycis, how about the status of your case? Is there any updata after you filed the MSJ?
Lazycis, how about the status of your case? Is there any updata after you filed the MSJ?
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
No judge would want his opinion reversed. It's like the boss admonishing you for sloppy work. So your judge appears to be in two minds. He sees that he has jurisdiction but he doesn't want to set precedent. Its a good idea to keep in touch with AUSA through email or phone. Tell her that USCIS can request upto 100 expedite requests for name check per week.
Slight correction. Doesn't it say any time starting 20 days after the complaint is filed ???
lazycis
Thank you, lazycis!!
I read my summons and found that James Zagel is the judge and Arlander Keys is the magistrate judge on my case.
I found the following comments on Zagel "While most lawyers view Judge Zagel as fair, some lawyers are concerned that he will bring a political agenda to bear in certain classes of cases. He is viewed as very prosecution-oriented. He is also viewed as unsympathetic to civil rights plaintiffs. Many lawyers claim he will stretch the law to meet his political views, or his own notion of what is fair in a particular case." It doesnt seem to be good. He also has a big backlog on his cases.
Is there a way I can check which judge is more favorable to immigrants? Can I decide which judge I want to use for my case?
I put down my husband and me both as plaintiffs. Will we both have to go to the status hearing? From what I heard, we may need to go twice for hearing ( according to Vicky2006). And my husband has a demanding job and it is hard for him to go. Is it all right if only I go to the hearing and represent both of us?
Thank you, lazycis!!
I read my summons and found that James Zagel is the judge and Arlander Keys is the magistrate judge on my case.
I found the following comments on Zagel "While most lawyers view Judge Zagel as fair, some lawyers are concerned that he will bring a political agenda to bear in certain classes of cases. He is viewed as very prosecution-oriented. He is also viewed as unsympathetic to civil rights plaintiffs. Many lawyers claim he will stretch the law to meet his political views, or his own notion of what is fair in a particular case." It doesnt seem to be good. He also has a big backlog on his cases.
Is there a way I can check which judge is more favorable to immigrants? Can I decide which judge I want to use for my case?
I put down my husband and me both as plaintiffs. Will we both have to go to the status hearing? From what I heard, we may need to go twice for hearing ( according to Vicky2006). And my husband has a demanding job and it is hard for him to go. Is it all right if only I go to the hearing and represent both of us?
status hearing
I did not have a status hearing. But a Plaintiff has to be present during the hearing even when he engages an attorney. yvesliu was there and so was another member here. So I'll have to say that both husband and wife are required to be there. Now you can check it with the court clerk also. Or may be file a motion to excuse one of you. You can also ask the AUSA, if he is a nice guy.
I did not have a status hearing. But a Plaintiff has to be present during the hearing even when he engages an attorney. yvesliu was there and so was another member here. So I'll have to say that both husband and wife are required to be there. Now you can check it with the court clerk also. Or may be file a motion to excuse one of you. You can also ask the AUSA, if he is a nice guy.
FBI name check - how it all started
Thanks to AGC4Me and his AUSA, we can get some insight on the subject. See the attached doc. You'll find out that FBI arbitrary changed NC procedure in December 2002 and decided to include search in reference files for both Natz and AOS WITHOUT INS request and WITHOUT appropriate analysis of the consequences. The communications between FBI and INS do not mention any changes regarding AOS applications. The INS re-sent names of N-400 applicants for the re-check (we often hear about those 2.6 million requests).
Thanks to AGC4Me and his AUSA, we can get some insight on the subject. See the attached doc. You'll find out that FBI arbitrary changed NC procedure in December 2002 and decided to include search in reference files for both Natz and AOS WITHOUT INS request and WITHOUT appropriate analysis of the consequences. The communications between FBI and INS do not mention any changes regarding AOS applications. The INS re-sent names of N-400 applicants for the re-check (we often hear about those 2.6 million requests).
Now joined the looser club!
And today, the Eastern District of Michigan granted another Motion to Dismiss. It is the 7th consecutive MTD that is granted in this district. This time, I am the one who lost. The judge quoted and compared the analysis of Tang in D.Mass against Qiu in D.N.J and concluded that Qiu case is more reasonable and rejected the argument of Tang.
Finally he noted that the court joints the unanimous holdings of the Eastern District of Michigan in Favor of USCIS and FBI. This phrase might have been put there to prevent the court of appeal to reverse the case.
So today is the day that I joined the looser club. Or maybe I should call it deferred winner club hoping that we will ultimately win in the appeal. I am writing my $450 check.
And today, the Eastern District of Michigan granted another Motion to Dismiss. It is the 7th consecutive MTD that is granted in this district. This time, I am the one who lost. The judge quoted and compared the analysis of Tang in D.Mass against Qiu in D.N.J and concluded that Qiu case is more reasonable and rejected the argument of Tang.
Finally he noted that the court joints the unanimous holdings of the Eastern District of Michigan in Favor of USCIS and FBI. This phrase might have been put there to prevent the court of appeal to reverse the case.
So today is the day that I joined the looser club. Or maybe I should call it deferred winner club hoping that we will ultimately win in the appeal. I am writing my $450 check.
Appeal Questions for lazycis
1- Should I go to the district court in person to file the notice of appeal or I can mail it along with the check to the clerk.
2- Should I file a notice of appearance as pro se for the appeal and dismiss my current attorney? or my attorney is already dismissed?
3- Do I need to serve or contact the current AUSA on my case to inform him?
4- In which ways did you think calling for amicus brief from AILA would delay your appeal process so that you decided to skip it?
5- The local rules here is a 140-page document. Am I supposed to read all of it?
1- Should I go to the district court in person to file the notice of appeal or I can mail it along with the check to the clerk.
2- Should I file a notice of appearance as pro se for the appeal and dismiss my current attorney? or my attorney is already dismissed?
3- Do I need to serve or contact the current AUSA on my case to inform him?
4- In which ways did you think calling for amicus brief from AILA would delay your appeal process so that you decided to skip it?
5- The local rules here is a 140-page document. Am I supposed to read all of it?
Slow_CIS
1. You can mail it. It's up to you. I am not sure about number of copies required by your district court. Attach a certificate of service. Serve it to the AUSA.
2. Yes, you should be able to find a form on your circuit court website. By default, your current attorney is handling the appeal.
3. See 1.
4. When I thought about it, I was near the end of the briefing process. To file amicus brief, AILF need to file a motion and appearance form and the court need to grant that motion. So looking back, I should've contacted AILF rifght after I filed notice of appeal.
5. No, some sections relate to criminal appeals and petitions for review. You can also ask me
But start reading early, pay attention to local rules, there are some specifics for each circuit. Usually you need to follow a strict timeline (file appearance form withing 14 days, etc.) during appeal. You will need to order a transcript of hearings on MTD asap (I believe you have 10 days after filing a notice) so maybe it's a good idea to file a notice of appeal personally and order transcripts while you are there.
1. You can mail it. It's up to you. I am not sure about number of copies required by your district court. Attach a certificate of service. Serve it to the AUSA.
2. Yes, you should be able to find a form on your circuit court website. By default, your current attorney is handling the appeal.
3. See 1.
4. When I thought about it, I was near the end of the briefing process. To file amicus brief, AILF need to file a motion and appearance form and the court need to grant that motion. So looking back, I should've contacted AILF rifght after I filed notice of appeal.
5. No, some sections relate to criminal appeals and petitions for review. You can also ask me
But start reading early, pay attention to local rules, there are some specifics for each circuit. Usually you need to follow a strict timeline (file appearance form withing 14 days, etc.) during appeal. You will need to order a transcript of hearings on MTD asap (I believe you have 10 days after filing a notice) so maybe it's a good idea to file a notice of appeal personally and order transcripts while you are there.You are not a looser untill you lost. As LazyCIS said here: this just postpons the inevitable. Knowledgeble people here will help you file the rest of the motions. We are all with you.
Dude,
Remember if you lose heart, you'll lose everything. Hang in there cuz we need to show those suckers how tough we are. Start getting ready to file an appeal. Our prayers are with you...
Well said, OK-Boy
Eventually we'll win all circuits and the USCIS will be the loser. As I mentioned earlier, appellate courts consider immigration cases every day (they review the BIA decisions) so they have a much better understanding of the immigration laws and of our suffering.
Eventually we'll win all circuits and the USCIS will be the loser. As I mentioned earlier, appellate courts consider immigration cases every day (they review the BIA decisions) so they have a much better understanding of the immigration laws and of our suffering.
More info.
Hi, AGC4ME,
Where did you get this 100 expedite /week ? Can you
give me more information as to the policy ? Your input is
well appreciated.
Thanks,
liuym
Hi, AGC4ME,
Where did you get this 100 expedite /week ? Can you
give me more information as to the policy ? Your input is
well appreciated.
Thanks,
liuym
Hi AGC
Just curious
Hi Lazycis, I am just curious, as of now which Circuit Courts have a binding decisions on I-485 adjudication?
Hi Lazycis, I am just curious, as of now which Circuit Courts have a binding decisions on I-485 adjudication?