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

[kabi24]

Check this attached file out

hey guys just looking at pacer again i found this:
Maybe suzy/ Mohammed x2 could advise about the details or if you just have any comments.
it looks like the judge assistant sent these deadlines for 3 things
1-Deadline for FRCP 26(f) Conference: May 18, 2006
2-Initial Disclosures Pursuant to FRCP 26(a)(1): May 25, 2006
3-Combined Joint Status Report and Discovery Plan as Required by FRCP 26(f) and Local Rule CR 16: June 1, 2006.

Also, i found out that in most of the cases it looks like the attorney assigned to deffend the GOV doesn't enter his name to the court for about 1 month after you file. Doesn't this seem to be like they are taking their time I mean WTF they wait one month, enter the case, and a month later they probably will file a motion for extension. I mean Come ON.

 

[RealSuperK]

I was celebrating my victory prematuraly turns out. I thought the defendants failed to respond within the 60 days http://immigrationportal.com/showthread.php?t=212499, So I thought that it was just a matter of time before I get the default judgement and get the citizenship. Turns out, I got excited all for nothing. Turnes out they did answer in the very last minute or even after their 60 days, I'm still waiting for the copy of their answer. The judge just gave us the date for an "initial teleconference" for July 3rd.

What's going to unfold from this point on? Will there anything be decided at that conference call, or is it just a formality for a judge to decide if he will even take the case or not?

I really don't get it: it would take the INS and FBI 20 minutes to get this whole issue resolved and give me my citizenship, are they so obsessesed with this stupid status quo that they prefer to spend hours and hours on fighting my case instead of just doing their job? I really don't get the logic of this.

July 3rd? I'm fairly certain it will be done by then. Chances are they'll push your case through and ask to dismiss the case before the conference. That's what happened to me. They filed the response on the 60th day asking to dismiss the case and on the 62nd day the name check was cleared.

I think that in some cases they just wanna screw with people's heads, wanna see how far you wanna go with it. Or they don't wanna ask for an extension so that they don't look like a bunch of morons who couldn't come up with an answer in 2 months. Either way, like you said, I don't see why they'd wanna push this all the way to court with sooooooo many precedents against them.

Keep your head up. We are gonna help as much as we can.

K

 

[cuties]

Thank you

cngrats cindy a.k.a cutie!!!!

b.t.w are you from texas...long weekend
the only time i have sen cinderella is in comics,wish to see one in real life
atleast on a long weekend..

Thank you for all and every nice words even if didn't mentioned it here.

Query11; I am just a bit away from TX. I'm in LA.

Best for all,
~C

 

[FedoraCore]

Guys it's impossible for the AUSA to forget his deadline. They have a software that alerts them when the deadline aproach. Then he will either file a motion to dismiss or extend. it's pretty much routine when it comes to that. So don't hope too much .

 

[meshmesh]

This is one of the few cases when "I told you so" doesn't bring me a bit of satisfaction

On July 03, the Judge may ask them to adjudicate your case within a certain period of time. By adjudicating, they, USCIS can very easily deny your Naturalization application on grounds that you FBI Name Check is not cleared.

Why did you file a Writ of Mandamus and not a 1447(b)

If I was in your shoes, I'll dismiss without prejudice the Mandamus and Tuesday, after Memorial Day, I'll file a 1447(b)

This is what I'll do...please use your own judgment and ask for a second opinion, God forbidden things go wrong then you'll hate me for the rest of your life.

Thanks for evrybody tried to support me.

Actually here's why"Suzy Comment" i don't want to file WOM.
In my case"where my 2 interviews get cancelled", i am not standing on a solid ground for WOM, because the 120 days rule dosn't apply to my case.
So i dont wanna file, and the judje issue the CIS an order to adj. my case within a pediod of time, then they will deny it based on my name is not cleared yet!!
Once again, thanks for all the support evry body was trying to give me.

 

[RealSuperK]

Thanks for evrybody tried to support me.

Actually here's why"Suzy Comment" i don't want to file WOM.
In my case"where my 2 interviews get cancelled", i am not standing on a solid ground for WOM, because the 120 days rule dosn't apply to my case.
So i dont wanna file, and the judje issue the CIS an order to adj. my case within a pediod of time, then they will deny it based on my name is not cleared yet!!
Once again, thanks for all the support evry body was trying to give me.

I'm not sure why they would deny your case based on the pending Name Check. If they could do that, they'd just start denying ALL cases with pending Name Checks. A pre-emptive strike against lawsuits, so to speak. Obviously, there is a reason why they aren't doing this stuff.

But I think no matter what's said here, you have made up your mind. And don't get me wrong, if I were you, I'm not sure I'd make a decision that is that much different from yours. After all the years of being here, there is no way they should make things THAT difficult!
K

 

[mohamedmohamed]

hey guys just looking at pacer again i found this:
Maybe suzy/ Mohammed x2 could advise about the details or if you just have any comments.
it looks like the judge assistant sent these deadlines for 3 things
1-Deadline for FRCP 26(f) Conference: May 18, 2006
2-Initial Disclosures Pursuant to FRCP 26(a)(1): May 25, 2006
3-Combined Joint Status Report and Discovery Plan as Required by FRCP 26(f) and Local Rule CR 16: June 1, 2006.

Also, i found out that in most of the cases it looks like the attorney assigned to deffend the GOV doesn't enter his name to the court for about 1 month after you file. Doesn't this seem to be like they are taking their time I mean WTF they wait one month, enter the case, and a month later they probably will file a motion for extension. I mean Come ON.

i think this is a fairly standard order, to establish the deadlines for the different statges of the litigation procedures , and as refrenced, if there is any part you dont understand exactly , just looki it up in the FRCP (federal Rules of civile procedure, i thiunk thta what it is) in the local rule books
to understand how it works, and what the discovery, conference , and joint status report mean.
but i think it is good new news for you, your case is moving, just be perpared as much as possible.
good luck

 

[sfaizullah]

i will have to disagree with Suy on this
filing WOM in this case is not bad thign to do , considerign that you can always use 1447 (B) in as supporting element in your argument, whithout actually having to restart thecase over.
it is probably ginna few days for you to get to their response, so you can find it rthrough PACER, or give your information to one of us and we can pull it out for you(personally i will be happy to do it ffor you)
then findout what their asnwer is, and whatever it was , it can not be anything differetn that the million excuses thay have used before , and have been defeated before in court, so find wich excuse they have used this time, and am sure we can find the documents that other cases have used before to defeat it.
gather al these document, and sit down, and write a counter argumnet, and file it with the court, and review it very well, so when it come to the conference, you know what to say.
another to rememner , some time they may get behind in trying to finish your name check before the end of the 60 days, so what they do in this case( realsuperK can tell you this) they will file anything at the last minute just to buy them enough time to finish your case, i would not be surprised when you rceice an e-mail , or phone call before the july conference telling you that your application is finished, and you are ready to take the oath, again it have happened to many people here, bashar, and others.
so dont get discouraged, dont dismiss your case, keep as it is WOM, and bring along 1447(b), as a supporting document, for your argumnet, review their asnwers, and prepare a strong counter argument, and lets all remember, just because they wanna try the case, it doesnt mean they will win, they have lost it soo many time, and this one should be ecception

I don't disagree with you, I just see things differently.

I just prefer 1447(b) to Writ of Mandamus, the second one still give power to USCIS to play with your case, the first one strip USCIS of any power, they loose jurisdiction over the case a.s.a. the case is filled.

Suzy/Mohamed,
I saw several cases filed in NJ in which the lawyer sued under 1447(b) and also WOM (see page 91- Mr. Edwin R. Ruben, look at show_case_doc2.pdf & show_case_doc5.pdf). Can SlowJedi prove him/herself to be too fast for them and amend the complaint to include 1447(b)? Just a thought and getting advice from an attorney would be appropriate here.

I this case since the initial filing is under WOM, amending is easier and s/he only needs to mention the 120 days lapse.

Best Regards

 

[mohamedmohamed]

it is going to take more than just few handful peole

If the March is not possible, we should at least get active in the next few weeks/months in callinrg our house representitive and voice our concerns, frustrations and encourage them not to agree to the senate bill. Again the best outcome would be no immigration bill this year, and if there is any, no restriction on judeciary review is implemented.

i think that there is a common consense here, that somethign should be done, more than just filing compalints with the district courts, and the back and forth fighting with the local uscis, and teh local US attorneys, but when you try to ask what else can be done?the answer is not clear.
i proposed the march, because i think it is effective in voicing out our legitimate concerns, loudly to the efficials, and law makers, but like you said if that is not happening, we should try some else that in doable.
in any case, it is gonna take more than you i,may be a lot more to do some thing, or at least to do some that is effective, and meaningful,both of us probably can go tomorrow , and marsh, or do something else, may be few others will join us immidiatley, but that will only confirm the exact thing the uscis, nad the FBI have claimed, which is this is a very minor issue effecting only a very miniscule portion of peoples, and that is precisely what we are trying to dispute not to confirm it, so if there is no one else availablle, this would be pointless, and have absolutely no significance.
i think every person who is concerned about this, delay, and new rules, should think about what they can do to voice these concerns, and do something about it, like every one doese, i mean common, even the illegals have the balls to organize a huge marsh, carrying foreign flags. the bottom line here is that it is gonna take peoples, more people, untill we have enough support, not match is going to happend, and the new rule will be passed,everyone will remain stuck , and any effort of challenging the uscis/fbi unfairness will impossible, and sentenced to death before it even happen.
and of course any one have a different/ better idea they should come forward with it.

 

[mohamedmohamed]

Suzy/Mohamed,
I saw several cases filed in NJ in which the lawyer sued under 1447(b) and also WOM (see page 91- Mr. Edwin R. Ruben, look at show_case_doc2.pdf & show_case_doc5.pdf). Can SlowJedi prove him/herself to be too fast for them and amend the complaint to include 1447(b)? Just a thought and getting advice from an attorney would be appropriate here.

I this case since the initial filing is under WOM, amending is easier and s/he only needs to mention the 120 days lapse.

Best Regards

you are right, there too many ways this can be done, but the question is which one is more appropriate?
in the case you have not filed, you have the options , of filing under bothWOM< 1447(b), or just one of them, it is more of a tactical decision, and either one will serve the purpose in my opinion.
in another case like the on euser here who have alrready filed under WOM, i think it is more efficient for him, to just keep as it is, and nothing said that he cant use 1447(b) in his argumnets, so by doing taht he can save time, and still benefir from the statutary definition of the 12o days in his argumnet, and can also benefit from the power of the WOM, which can compel the agent to do their work(i.e. make a determination in his case), and am almost certain, from wht i have seen , the the out come will be teh same, in 99% of the case no matter what you are finling under, because the principles argument,and analysis remain the same.
so int rying to decide wether to amend or not, you should evaluates all these togetehr, and decide wether or not is worth the time, and teh headach, and wether it have any effect on the core of your case to start with.
beside lets not forget that the uscis /us attorneys, will love nothing more than seen you comfused dont know which statue to use, hesitating, and stumbling int he dark.
just amke you understand, and can use the tools and the documents available to you , the best way possible, and then the result will almost always be the same.

 

[meshmesh]

i think that there is a common consense here, that somethign should be done, more than just filing compalints with the district courts, and the back and forth fighting with the local uscis, and teh local US attorneys, but when you try to ask what else can be done?the answer is not clear.
i proposed the march, because i think it is effective in voicing out our legitimate concerns, loudly to the efficials, and law makers, but like you said if that is not happening, we should try some else that in doable.
in any case, it is gonna take more than you i,may be a lot more to do some thing, or at least to do some that is effective, and meaningful,both of us probably can go tomorrow , and marsh, or do something else, may be few others will join us immidiatley, but that will only confirm the exact thing the uscis, nad the FBI have claimed, which is this is a very minor issue effecting only a very miniscule portion of peoples, and that is precisely what we are trying to dispute not to confirm it, so if there is no one else availablle, this would be pointless, and have absolutely no significance.
i think every person who is concerned about this, delay, and new rules, should think about what they can do to voice these concerns, and do something about it, like every one doese, i mean common, even the illegals have the balls to organize a huge marsh, carrying foreign flags. the bottom line here is that it is gonna take peoples, more people, untill we have enough support, not match is going to happend, and the new rule will be passed,everyone will remain stuck , and any effort of challenging the uscis/fbi unfairness will impossible, and sentenced to death before it even happen.
and of course any one have a different/ better idea they should come forward with it.

just a thought,
can anybody contact a famous journalist from New York times or any strong, strong public affecting newspaper, and just explain to him the name check issue, how damging effect have on the legal immigrants.
also tell him about this forum/thread to read so so many devosting strories he can read, to include it if he's intresting to write about it in the media.

 

[meshmesh]

I really don't get it: it would take the INS and FBI 20 minutes to get this whole issue resolved and give me my citizenship, are they so obsessesed with this stupid status quo that they prefer to spend hours and hours on fighting my case instead of just doing their job? I really don't get the logic of this.

I think i have the answer for your quistion, SlowJeddi:

Have you ever headr about the word: ASSHOLES

 

[query11]

nice thought.
why not we start a monthly journal and start mailing it to all the news channel's/media/congressmen/non profit organizations.I am 100% sure it will force the congressmen to take action....

Remeber,there is a lot of ammendments needed
1)Name check
2)visas for immediate relatives of permanent residents(gc holders)
3)Lengthy 485(immigration) process...
x
x
x
x
x

i am telling you,we will get a lot of support from legal immigrants not just guys stuck in name checks...

just a thought,
can anybody contact a famous journalist from New York times or any strong, strong public affecting newspaper, and just explain to him the name check issue, how damging effect have on the legal immigrants.
also tell him about this forum/thread to read so so many devosting strories he can read, to include it if he's intresting to write about it in the media.

 

[query11]

One thing to be noted is every case they loose is going to add up against them,so it is not a matter of 20 minuts but a matter of how succesful the organization is in adjudicating. ...
adjudication(Definition)
The process of examining the facts in a disagreement and rendering a decision.

I think i have the answer for your quistion, SlowJeddi:

Have you ever headr about the word: ASSHOLES

 

[meshmesh]

I'm not sure why they would deny your case based on the pending Name Check. If they could do that, they'd just start denying ALL cases with pending Name Checks. A pre-emptive strike against lawsuits, so to speak. Obviously, there is a reason why they aren't doing this stuff.

But I think no matter what's said here, you have made up your mind. And don't get me wrong, if I were you, I'm not sure I'd make a decision that is that much different from yours. After all the years of being here, there is no way they should make things THAT difficult!
K

FIRST: CONGRATULATION FOR WHAT YOU HAVE ACCOMPLISHED

In my openion, the goverment agencies emploees think they have the power over Anybody else, and they can do whatever they want just because they have the power.
and that's why you guys"who ever get his interview, and the 120 days rule apply to thier cases"have to sue them, just to stop thier stubidity, and tell them:YOU CAN'T DO THIS.
But for other poor folks,like me, i have two choice:
1. to live with this curropted CIS system, and wait for thier mecrcy until they clear me name, and adj. my application, no matter how long it will take"even years and years as they mentioned in thier fact sheet last april"
2. leave the country, in case you dont like it.

 

[meshmesh]

One thing to be noted is every case they loose is going to add up against them,so it is not a matter of 20 minuts but a matter of how succesful the organization is in adjudicating. ...
adjudication(Definition)
The process of examining the facts in a disagreement and rendering a decision.

Here you go!!
we just have to collect the damging, devosting stories, along with law sue cases that wins aginst the CIS, FBI."i think there is a THREAD for these cases", and send it to a journalist IN A FAMOUS NEWSPAPPER, white house, CIS, FBI, congress, senates human rights watch, anybody, agencies we could think of.
Belive me it will have a magic effect on these corrupted agencies.

 

[buggin]

I am sorry

I am here just to help someone like me needed help, we are NOT used to courts. and it happened to be close to my work. for now, I am NOT in the mood for jokes, I am in a fight with " USCIS, and others" I am in the mood to help someone who needed help,

I wish you the best,and everyone here.And please don't joke with me, I am NOT friends.

Ps,
I hope you watch court Tv is better!!!!!!

Mr. LA,
I'd like to apologize to you and everybody else on this forum for my distasteful joke. I didn't realize you would feel this way. So, I am sorry. I hope you forgive my insensitivity.
I understand that everybody is stressed out here, and so am I, getting ready with lawsuits. I just thought a little joke wouldn't hurt. I thought wrong. I promist not to joke any more.

Peace...

P.S. Yes, I do watch court TV a lot and, in fact, I know a lot about court proceedings. So, following your example, I am willing to help everybody as much as I can.

 

[mohamedmohamed]

just a thought,
can anybody contact a famous journalist from New York times or any strong, strong public affecting newspaper, and just explain to him the name check issue, how damging effect have on the legal immigrants.
also tell him about this forum/thread to read so so many devosting strories he can read, to include it if he's intresting to write about it in the media.

i think it is a good idea, but another idea i gad a long this line, is to find out how much does it cost to run , a whole page add, in the nytimes, or washington psot, explaining how it is messed up the way they do, and pray the law maker to intervene

 

[buggin]

Guys it's impossible for the AUSA to forget his deadline. They have a software that alerts them when the deadline aproach. Then he will either file a motion to dismiss or extend. it's pretty much routine when it comes to that. So don't hope too much .

This is absolutely correct. Attorneys would never want to miss a deadline for a number of reasons. First of all, it opens a door to malpractice lawsuits by their clients. They can also be sanctioned by the court and pay penalties. Their licenses can be suspended, or they can even be disbarred. This is very serious for them.
So, if you think it is very close to their deadline and you haven't received an answer to your complaint, check with the court clerk or check on PACER whether the answer has been filed.
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
6/5/06 – Will file my 1447(b) Petition

 

[mohamedmohamed]

nice thought.
why not we start a monthly journal and start mailing it to all the news channel's/media/congressmen/non profit organizations.I am 100% sure it will force the congressmen to take action....

Remeber,there is a lot of ammendments needed
1)Name check
2)visas for immediate relatives of permanent residents(gc holders)
3)Lengthy 485(immigration) process...
x
x
x
x
x

i am telling you,we will get a lot of support from legal immigrants not just guys stuck in name checks...

some liek this also can be done online, so while you can publish it in the from of papaer newletter, you can also make it available online to ensure a braoder outreach