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

lazycis said:
The easiest way to break the chain is to win an appeal.
You can also send a complaint form to the court of appeals and say that judges are biased against legal immigrants.
http://www.ca4.uscourts.gov/pdf/judcomfm.pdf
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I do not think it is a good idea to allege a judge is biased against immigrants in his/her opinions particularly when you are or potentially will be in appeal process unless you have very hard proofs. I have heard from some attorneys that making such allegations in appeal court usually makes the appellate judges less sympathetic with you. If making such argument is absolutely needed, one should save it for the oral argument in front of appellate, rather than on paper.
I think we should remain objective in making our argument and be aware that proving subjective claims is generally tough.
 
I found many judges here in Maryland are Clinton appointees. I was suprised that they more conservative than any other states.

OLKO said:
Can anybody suggest- what can be done with "freedom-corrupted" judges?

For example here in Maryland, we obviously have this case.
One judge issued "An opinion", the rest rely on her Princeton Education and seniority and issued opinions based on her opinion.
(It was not of any avail that her similar N400 opinion was overthrown in Appellate Court)

The snow ball now in full roll with citations of previously dismissed cases.
Obvioulsy no judge will dare to break this in the same district.
Now ASUAs basically bullying I-485 applicants that case be dismissed.

Maryland is Democratic state, while judges here are exact opposite of any democracy. They are plainly arrogant for legal immigrants.

What can be done with them?
Bad publicity ? What else ?
If anybody knows -please suggest.
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Jeff Cui said:
how are you, similiar struggling friends here.

I am struggling about where to file my WOM. I am currently in NJ and is considering moving to CT due to hectic commute. My N-400 has been pending for one and a half years. My wife is on F-1 visa practical training, 10 months available, and given the H-1 visa situation(H-1 visa lottery, not enough quota, etc),
I need to get nationalized ASAP.

I am seeking info that helps to make my decision: should I file my WOM in NJ and spend 2.5 hours on the road driving for another 6 months or is it better to move to CT and file my WOM after 3 months?

Any information is highly appreicated.
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File complaint now, especially if you've had an interview. You can transfer it later to CT. If you did not have an interview, wait until you move to CT.
 
Hello,

N400 case.

Court order specified the due date for defendants' answer at the 60th day of the motion for extention by AUSA. Now it's overdue 2 weeks and AUSA never responded to my inquiries about his action plans, should I do anything now?

I remember some people here mentioned it's useless to file "summary for judgement", then what can I do besides waiting? Will the case be automatically dropped if no response or actions?

Thanks a lot!
 
toolong2 said:
Hello,

N400 case.

Court order specified the due date for defendants' answer at the 60th day of the motion for extention by AUSA. Now it's overdue 2 weeks and AUSA never responded to my inquiries about his action plans, should I do anything now?

I remember some people here mentioned it's useless to file "summary for judgement", then what can I do besides waiting? Will the case be automatically dropped if no response or actions?

Thanks a lot!
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I'd file a motion for summary judgment anyway (and mention that AUSA did not comply with the court order). That will keep things going.
 
Slow_CIS said:
I do not think it is a good idea to allege a judge is biased against immigrants in his/her opinions particularly when you are or potentially will be in appeal process unless you have very hard proofs. I have heard from some attorneys that making such allegations in appeal court usually makes the appellate judges less sympathetic with you. If making such argument is absolutely needed, one should save it for the oral argument in front of appellate, rather than on paper.
I think we should remain objective in making our argument and be aware that proving subjective claims is generally tough.
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If this claim to be made- it is only with a lot of signatures.
I don't think it is possible [successfully] to argue this in courts (including Appellate Courts).

Nobody would like to even hear it. Judges are still colleagues and know each other personally.

When you argue about politically-oriented decision, the only way to be heard and listened if you are Senator or higher. Even Congressman can be contempted here.
 
I called USCIS National Support Center today just to make sure my NC still pending and to learn that they don't see my case in the system at all and cannot give update on a status. They promised to reply withing 48 days. Local office can see my case. Looks line Ombudsman was right that this agency is a mess. I began to think about 1447b. Do you guys think FIOA will be handy for lawsuit? Does finger prints are not needed for FIOA anymore?
 
A precedent?

Hi lazycis,
I started reading this thread from page 1 and so far have read couple hundred pages. Great work by all the members. I am in MA and was looking for favorable WOM for employment based 485. Looks like this may be a first case where judge ordered naturlization without FBI check. How could this be used in a WOM for 485?

Thanks
lazycis said:
Court swears in naturalization applicant despite "pending" FBI name check
Oath of citizenship given by District Judge from the bench. Dayisty v. Chertoff, D. Mass., Oct. 9, 2007, No. 07-10180.
http://bibdaily.com/pdfs/Dayistay 10-9-07.pdf
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jefkorn said:
Hi lazycis,
I started reading this thread from page 1 and so far have read couple hundred pages. Great work by all the members. I am in MA and was looking for favorable WOM for employment based 485. Looks like this may be a first case where judge ordered naturlization without FBI check. How could this be used in a WOM for 485?

Thanks
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Hey jefkorn,

Check this classic ruling from MA:

http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=gertner/pdf/tangmtd.pdf

Needless to say, Yong Tang got his GC two weeks after the ruling.

I think it is significant that the judge performed naturalization without a name check, because the USCIS is required by law to perform a name check for naturalization, while it's not required by law for AOS.
 
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PACER access to cases

lazycis, you provided a URL that got me direct to the case pdf. Is there a trick to get to the case info without even registering with PACER?

Folks, who has done a WOM-485 in Boston, please chime in and point me TO your cases and possibly related docs(complaint, any MSJ, response to MTD etc). I will be grateful.
 
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jefkorn said:
lazycis, you provided a URL that got me direct to the case pdf. Is there a trick to get to the case info without even registering with PACER?

Folks, who has done a WOM-485 in Boston, please chime in and point me your cases and possible the docs. I will be grateful.
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You can search opinion from MA court without PACER here:

http://pacer.mad.uscourts.gov/opinion.html

But to get all other filed documents, you do need PACER access.
 
z350 said:
I called USCIS National Support Center today just to make sure my NC still pending and to learn that they don't see my case in the system at all and cannot give update on a status. They promised to reply withing 48 days. Local office can see my case. Looks line Ombudsman was right that this agency is a mess. I began to think about 1447b. Do you guys think FIOA will be handy for lawsuit? Does finger prints are not needed for FIOA anymore?
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This happened to me all the time, the support center is rarely accurate on anything. I filed 1447b but it's been 4 months and still nothing's happening, but I see a lot success cases in this forum that got natualized within 1-2months. So I'd say go for it, there's nothing to loose anyway.

FIOA will be a good reference, you can list it as an exhibit for your 1447b. It's nothing to do with fingerprint, you just need to fill in the FIOA form, get a "signature guaranttee" (done at a bank) and mail in.

Good luck.
 
Hi everyone,

I haven't been to this thread lately since my husband got his oath back in July. Now I read a couple of pages and I am absolutely SHOCKED that Maryland has become such an unfriendly district. Now my friend is thinking of filing a lawsuit, following our succesfull example.
My question is - is Maryland bad all together or just for WOMs? Does 1447b still work there? She has had her interview almost 4 years ago...
 
lazycis said:
It's so nice to hear good news! One day everybody will get what they'are fighting for and this forum will be obsolete. That'll be wonderful (my honey will be happy as well big time :) ). Just curious about your experience. Did you serve subpoena to FBI's official?
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No I didn't had a chance. I was ready to file it, but got NICE e-mail from USCIS...:)
 
WOM_2007 said:
Congratulations, Nastena. Could you give me information about your case?
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Sure. I file WOM in Feb 2007 Eastern Virginia.
- Received Motion to dismiss in March,
- Submitted reply to MtD soon after
- Motion was dismised by judge in May
- Requested discovery
- Had first pre-trial in June and got support from judge for discovery
- Got A-file from USCIS, but nothing from FBI as part of discovery
- Got MSJ submitted by defendants
- Send reply with cross-motion
- Both had been denied in court
- Had second pre-trial in Sept. Where we insist on finishing discovery by FBI

Good news for all in Eastern Virginia district!!! Actually I saw in Pacer recently number of cases that got moot in our court.
 
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