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

[duck008]

Keep it cool man. The trial is scheduled on March 31, 2008. I bet things will be completed before then. You don't need a lawyer yet.

So the AUSA didn't heed your request for discovery, well he cannot afford to do it now that the Court has ordered it. So get your document request ready and serve it on the AUSA by Nov. 13th 2007. The AUSA should complete the discovery by Dec. 10th. The court has given both you and AUSA time till Jan 9 2008 to file all dispositive motions. Hopefully with discovery you can file MSJ immediately. These cases will go to trial only if all these efforts fail. I'm pretty sure the AUSA will not want to waste court's time and incur the court's wrath, especially in 9th circuit.

Thanks AGC4ME! You know, it's very hard to keep coolness with this name check going on, but I'll try any ways .

I think I'll try to file a discovery request using the template that lazycis posted a couple of days ago.

Anyone has any advise to add please feel free to do so

Thanks again AGE4ME. Very good to see you here .

 

[lazycis]

to duck008

I agree with AGC4Me, keep your cool and do not be afraid to make a mistake or make a move even if you've never done it before. Check a discovery requested template based on AGC4Me request and posted by me on page 464. File it asap. After you get the result, file MSJ.

 

[patricia_432]

Agc4me

Patricia,
I do not search directly in PACER. I use dockets.justia.com and search for Chertoff or Gonzales in the desired district then drill down to the case details. dockets.justia.com links in to PACER (History and Documents) link. In this way you can save some fees.

Thanks for the instruction. I'll try it. BTW, what's "et al" after names on the document?

-----------------
After about half hour searching, don't find any downloadable Complaint document. The file in history/documents usually is a short order or dismissal files. Wondering what I can get from there, or I'm doing the wrong way.

I want to find some cases initiated by lawyers and dismissed voluntarily. Usually the plaintiffs may get GC finally (I guess). I'm in California Central.

 

[duck008]

I agree with AGC4Me, keep your cool and do not be afraid to make a mistake or make a move even if you've never done it before. Check a discovery requested template based on AGC4Me request and posted by me on page 464. File it asap. After you get the result, file MSJ.

Thanks Lazycis!

I have already submitted a discovery request before I saw the AGC4ME template you posted. But the template certainly is much better than mine. Would it be OK if I submit a second request using this template?

 

[Atlanta_Brother]

Follow up

lazycis,

I see that you have pretty good knowledge in the state of GA. Do you know how long does it take for USCIS to respond back after you file mandamus in the state of GA ?

Your or anybody else reading my note's immediate response would be greatly appreciated.

Thank you

Waiting for the response.

Thanks

 

[lazycis]

lazycis,

I see that you have pretty good knowledge in the state of GA. Do you know how long does it take for USCIS to respond back after you file mandamus in the state of GA ?

Your or anybody else reading my note's immediate response would be greatly appreciated.

Thank you

Are we talking about 1447b cases or I-485/N-400 without an interview cases? 1447b cases are resolved in 2-3 months usually. I have not seen N-400 cases without an interview in GA. There were no I-485 cases resolved by the court order in our favor.
Also, what do you mean by the USCIS response? If you file a lawsuit, it almost guaranteed that you'll see a movement on your case within 2-3 months.

 

[lazycis]

Thanks Lazycis!

I have already submitted a discovery request before I saw the AGC4ME template you posted. But the template certainly is much better than mine. Would it be OK if I submit a second request using this template?

I do not see why not. You are not limited to a single request.

 

[Atlanta_Brother]

Interview notice for N-400 sent twice

Are we talking about 1447b cases or I-485/N-400 without an interview cases? 1447b cases are resolved in 2-3 months usually. I have not seen N-400 cases without an interview in GA. There were no I-485 cases resolved by the court order in our favor.
Also, what do you mean by the USCIS response? If you file a lawsuit, it almost guaranteed that you'll see a movement on your case within 2-3 months.

I was called for the interview twice. Once back in Jan 2007 and the 2nd one couple of weeks back (in the second week of Oct). On both ocassions I was told that they can't interview me because my file has not been transferred to the local DO (Atlanta in my case). I was sent home. I had filed my N-400 in April 2006 and my name check was cleared by the time I was called for my 1st interview in Jan 07, so name check is not an issue here.

What are my chances that after filing mandamus, I would get a good news soon and I will soon be naturalized.

Hope to hear from you soon.

Thanks a lot.

 

[AGC4ME]

Thanks for the instruction. I'll try it. BTW, what's "et al" after names on the document?

-----------------
After about half hour searching, don't find any downloadable Complaint document. The file in history/documents usually is a short order or dismissal files. Wondering what I can get from there, or I'm doing the wrong way.

I want to find some cases initiated by lawyers and dismissed voluntarily. Usually the plaintiffs may get GC finally (I guess). I'm in California Central.

"et al" is used when the party is more than one. So when u see xxxxx v. Chertoff, et al that mean that case has defendants in addition to Chertoff.

In CDCal try Hodjat v. Gonzalez. This was conducted by Daniel Huang.

 

[AGC4ME]

here it is.

"
however, while plaintiff alleges a 44 month delay in processing of his application, defendants have offered argument and declarations to explain the delay. (see michael a. cannon declaration and m. cruz declaration (greenpea: USCIS AO). on a motion for judgment on the pleadings, it would be premature for this court to find that plaintiff proves defedants to have unreasonably delayed adjudication of his application. the court is not prepared, at this stage, to compel immediate adjudication of plaintiffs' applicaoins (greenpea: spot a typo. should be" plaintiff's application"); nor does it express an opinion as to the proper outcome of their review. defendants are entitled to the inferenece that they may not have unreasonably delayed adjudication of plaintiff's application. a determination of the issue of unreasonable delay must wait for a later proceeding. at that time, if an unreasonalbe delay is found after full consideration of the factual circumstances, this court will have a duty to "compel" adjudication of the application. see 5 usc 706(1); Gelfer, 2007 WL 902382 (WHA) (N.D.CAL MARCH 22, 2007), at *7.

greenpea, this is just a stumble in your path to victory. Use lazycis template and submit a discovery request. Also argue that USCIS has violated its own regulations by not reviewing your application appropriately. This is very minor. All that the judge is saying that he doesn't have enough info to say that USCIS' delay is unreasonable. Let's do some discovery and prove it to him.

 

[AGC4ME]

Thanks AGC4ME! You know, it's very hard to keep coolness with this name check going on, but I'll try any ways .

I think I'll try to file a discovery request using the template that lazycis posted a couple of days ago.

Anyone has any advise to add please feel free to do so

Thanks again AGE4ME. Very good to see you here .

You're welcome duck008. I certainly understand the difficulty in keeping cool. I suggest that you post here without inhibition to take the stress out of you. When I received 1300 pages worth document I sweated it out man. Got myself confused between NNCP and RDS and went astray trying to interpret those documents. All that time I was thinking that my NC is pending because of inaction. Didn't have any idea that my name had a hit. When their documents showed that my name had a hit I literally panicked. Now when I look back it's all silly but the forum and lazycis helped me drag through then.

And yes you can submit more than one document request.

 

[patricia_432]

Lazycis,

Do you have name and address of director of NSC? Thanks.

 

[lazycis]

I was called for the interview twice. Once back in Jan 2007 and the 2nd one couple of weeks back (in the second week of Oct). On both ocassions I was told that they can't interview me because my file has not been transferred to the local DO (Atlanta in my case). I was sent home. I had filed my N-400 in April 2006 and my name check was cleared by the time I was called for my 1st interview in Jan 07, so name check is not an issue here.

What are my chances that after filing mandamus, I would get a good news soon and I will soon be naturalized.

Hope to hear from you soon.

Thanks a lot.

So they just could not transfer your file and that's the reason? I think there is a policy if local DO do not receive A_file in 90 days, they can proceed using T-file (temporary file). File a suit, it will make the USCIS move. Use the template prepared by mt100.

 

[lazycis]

Lazycis,

Do you have name and address of director of NSC? Thanks.

Absolutely,
Gerard Heinauer, District Director
Nebraska Service Center
U. S. Citizenship and Immigration Services
850 S. Street
Lincoln, NE 68501

BTW, you can use search feature on this forum, I find it very useful.

 

[lazycis]

greenpea.

greenpea, this is just a stumble in your path to victory. Use lazycis template and submit a discovery request. Also argue that USCIS has violated its own regulations by not reviewing your application appropriately. This is very minor. All that the judge is saying that he doesn't have enough info to say that USCIS' delay is unreasonable. Let's do some discovery and prove it to him.

I agree with AGC4me, it seems the judge is just playing it by the rules and is not biased toward any side. That is good.

 

[duck008]

You're welcome duck008. I certainly understand the difficulty in keeping cool. I suggest that you post here without inhibition to take the stress out of you.

Exactly as you stated. This forum is my vent for the stress from the NC mess! lol!

When I received 1300 pages worth document I sweated it out man. Got myself confused between NNCP and RDS and went astray trying to interpret those documents.

That was funny, but not very funny when you are in the middle .

All that time I was thinking that my NC is pending because of inaction. Didn't have any idea that my name had a hit. When their documents showed that my name had a hit I literally panicked. Now when I look back it's all silly but the forum and lazycis helped me drag through then.

Yes, without the help from lazycis and you people, I cannot believe I could come this far.

And yes you can submit more than one document request.

Thanks again, and to lazycis too! I'll submit my second discovery request tomorrow. Thanks and good night!

 

[Atlanta_Brother]

How long ?

So they just could not transfer your file and that's the reason? I think there is a policy if local DO do not receive A_file in 90 days, they can proceed using T-file (temporary file). File a suit, it will make the USCIS move. Use the template prepared by mt100.

Once we file a suit, how long does it generally takes before my interview / oath will be arranged. Also, you have mentioned about a template prepared by mt100. Can someone e-mail me at
atlantabrother@hotmail.com

Thanks

 

[lazycis]

to Brother

Nobody can give you an estimate. It could be as little as 3 weeks, but it may not work at all. More likely you'll see some movements on your case within 2-3 months, but there are no guarantees.

mt100 template is posted here:
http://www.immigrationportal.com/showpost.php?p=1777448&postcount=13028

 

[WhereIsMyGCUSA]

Exactly when and whom to send my discovery request?

After sending out my WOM complaint, if I want to send a discovery request, when exactly and to whom should I send out the discovery request? To local AUSA?

Thank you.

 

[jefkorn]

Reposting the request: Boston and MA, WOM -I 485

Any thoughts on this? "Bou" what happened to your case?

Does anyone know what are the different waiting times for which the I485 WOM was won or filed? I know 1.5 years seems a borderline and more than 2 seems pretty good for WOM?

Does anyone know all WOM(485) or Naturalization cases filed in MA? Looks as if there are not too many filed in MA and it is relatively pro-immigrant state as far as WOMs are concerned. What do you think?