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

lazycis said:
You should write an opposition. First, explain why the case should not be dismissed. Second, ask judge to issue order to compel defendants to respond to your discovery request. Explain that you did not ask for any sensitive information (only administrative records) and if such information is part of the documents you requested, the defendants can redact it.
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Lazycis,
Thank you very much for your reply.
Is the affidavit as below considered as administrative records, or something sensitive? According to AUSA, even if they have to respond to the discovery request, the document should “omit information contained in investigative files or other law enforcement sensitive records. See FBI v. Abramson, 456 U.S. 615 (1982) (holding that FBI name check results and summaries are law enforcement privileged)”. What is the argument here?

Affidavit from FBI about name check, hits, action taken to resolve hits etc.
Affidavit on whether they have followed the procedures required by 8 C.F.R. § 103.2(b)(18).

Thanks a million!
 
The Supreme Court ruling relates only to Freedom of Information Act requests. Enough said. In any case, the court ruling affects only records originally compiled for law enforcement purposes. You are not asking for such documents. Number of hits and a history of processing your name check are not records originally compiled for law enforcement purposes.
 
lazycis said:
The Supreme Court ruling relates only to Freedom of Information Act requests. Enough said. In any case, the court ruling affects only records originally compiled for law enforcement purposes. You are not asking for such documents. Number of hits and a history of processing your name check are not records originally compiled for law enforcement purposes.
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Lazycis,
I will file the opposition and motion to compel. Hopefully the court can rule in favor for documnet reproduction. So that I can file MSJ later on. Thanks again!!!
 
Lazycis

hey, Lazycis,

Today I talked with the US attorney on the phone and I asked her if we can proceed in front of Magistrate Judge. She said she cannot agree with that because the main Judge has better understanding of the immigration laws. So I suspect that the magistrate Judge is more friendly to immigrants. I used PACER and pulled out about 20 similar cases and none of them was presided by the main Judge ( Judge Zagel). I am surprised that we cannot search according to the name of the Judge. Do you know any better way to do that, other than pulling out 100 cases and look at them one by one?

I also asked her if she could request USCIS and FBI to expedite my name check. And she said that she can inquiry them but cannot request them to expedite the name check. It looks like I will have a looong way to go in front of me.
 
YS07 said:
I filed 1447b on September 19 and certificate of service was dated October 2. I've been watching cases similar to mine on PACER and noticed that in all of them there is an ORDER TO SHOW CAUSE from the assigned judge. My case doesn't have it. Do you know if it is mandatory, or not? I e-mailed the AUSA, and she replied that she did not have any updates on the status of my case. I also talked to the clerk and the court deputy for my judge, but both of them sounded unsure, and told me that different judges have different ways of handling cases. Any input will be appreciated.
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Your 60 days are coming close. Watch for something to happen close to thanksgiving.
 
Hello,

Urgently need your help please! 1447(b) case filed in June. Pro se. N-400 filed almost 5 years ago, NC completed 1.5 years ago.

I received a letter a week ago from USCIS asking me to provide documents within 3 weeks, now I have 2 weeks left till deadline, it seems USCIS lost my file that's why they asked for 20+ documents from me since I lived in the USA 10+ years ago, including all tax return forms, all employment records / W2 forms, all schools' transcripts and all I-20s (I went to 2 graduate schools in 2 different states in USA), all rental lease documents for all my previous residence since I was in USA 10+ years ago, etc....

The past few days I was like crazy trying to gather the documents, unfortunately I can not get most of them. I only have copies of the past 3 years tax form and W2 forms. When I was a student I rented bedroom from private parties (sharing apt or house), didn't have any lease document at all and I could not find any of those people I rented from any more. Honestly I do not even remember the street addresses or apartment names I lived in the past 10+ years.

The letter said "failed to submit any of the required documents before deadline may result in the denial of your application". Now they can use this to deny me easily!

What should I do? Any good example of similiar cases? What will happen if I can not provide all the doc?

Should I file a motion (name of the motion?) to tell the judge that it is unfair to be requested to provide these document because of CIS's fault, who violated the 1447(b) law, and lost my file? The AUSA told me I should follow the USCIS's request...

Of course so far CIS never admited they lost my file, how can I approve it?

Thank you so much. I'm so desperate now, upset, frustrate and in rage.
 
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lazycis said:
You should write an opposition. First, explain why the case should not be dismissed. Second, ask judge to issue order to compel defendants to respond to your discovery request. Explain that you did not ask for any sensitive information (only administrative records) and if such information is part of the documents you requested, the defendants can redact it.
Click to expand...

Lazycis, AGC4ME and other gurus,

1. The AUSA just modified her draft of “Motion to modify scheduling order…”. She states “APA involves limited review of agency action. Such review is limited to the administrative record, and thus these cases are exempt from the initial Disclosures requirement. See FPCP 26(E) (i); 5U.S.C.§706.”
Can I argue that the requested documents (Affidavit from FBI about name check, hits, action taken to resolve hits etc. Affidavit on whether they have followed the procedures required by 8 C.F.R. § 103.2(b)(18).) are part of administrative records?

2. Alternatively AUSA also ask court to stay discovery until it has ruled MTD. “Indeed, a court may not hold a party in civil contempt for failure to respond to a subpoena duces tecum without first determine whether the court has subject matter jurisdiction in the underlying action.” …… “Plaintiff fails to contain any factual allegation of wrongdoing by any Federal Defendant and fails to state a claim for relief. Under such circumstances, Federal Defendants should not be subjected to unwarranted discovery.”
Does court have to rule AUSA’s motion to modify scheduling? If court doesn’t rule, can AUSA avoid responding to request for document reproduction? Or the court just rules that discovery is not necessary. And then it will be no good for me to file MSJ without undisputed facts of what government has done with my case? It is so frustrating to wait.

Thanks a lot for your inputs!!!
 
lazycis said:
Certainly you can use the e-mail as the prove that they did not follow the regs. Did you have rule 26 conference? You can also send a discovery interrogatory and ask them specificaly. I.e:

Interrogatory No. 1:

Were the procedures for withholding adjudications outlined in 8 C.F.R. § 103.2(b)(18) followed in regard to the Plaintiff's application?
If yes, on what dates the reviews were conducted and who conducted them?

BTW, requests for production of documents can be combined with interrogatory questions so I do not quite get AUSA position. I am attaching a sample interrogatory request.
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Thank you lazycis. It's been more than 60 days since I sent them the request for documents and the defendants haven't provided anything specific to my case except some general documents about name check. I know I can file something like motion to compel with the court but I don't want to have the case delayed any longer. It seems that FBI is not willing to provide anything and there's nothing much AUSA can do.

I filed motion for summary judgment two weeks ago and defendants' reply is due soon. I'm afraid that filing more motions will give defendants excuse to delay their reply.
 
toolong2 said:
Hello,

Urgently need your help please! 1447(b) case filed in June. Pro se. N-400 filed almost 5 years ago, NC completed 1.5 years ago.

I received a letter a week ago from USCIS asking me to provide documents within 3 weeks, now I have 2 weeks left till deadline, it seems USCIS lost my file that's why they asked for 20+ documents from me since I lived in the USA 20 years ago, including all tax return forms, all employment records / W2 forms, all schools' transcripts and all I-20s (I went to 1 undergraduate and 2 graduate schools in 3 different states in USA), all rental lease documents for all my previous residence since I was in USA 20 years ago, etc....

The past few days I was like crazy trying to gather the documents, unfortunately I can not get most of them. I only have copies of the past 3 years tax form and W2 forms. When I was a student I rented bedroom from private parties (sharing apt or house), didn't have any lease document at all and I could not find any of those people I rented from any more. Honestly I do not even remember the street addresses or apartment names I lived in the past 20 years.

The letter said "failed to submit any of the required documents before deadline may result in the denial of your application". Now they can use this to deny me easily!

What should I do? Any good example of similiar cases? What will happen if I can not provide all the doc?

Should I file a motion (name of the motion?) to tell the judge that it is unfair to be requested to provide these document because of CIS's fault, who violated the 1447(b) law, and lost my file? The AUSA told me I should follow the USCIS's request...

Of course so far CIS never admited they lost my file, how can I approve it?

Thank you so much. I'm so desperate now, upset, frustrate and in rage.
Click to expand...

Right now you do not have much choice but to provide them everything you can find, and those that you cannot find write clearly on a timeline and mention your best recollection and why that cannot be found. It is likely they can use the fact that you did not submit these as grounds for denial. However in the worst, case if that does happen you will win on administrative appeal or worst, most courts will overtun a denial like that. I kno wthere was a user here screamingeagle last year who was requested all this info. In that case I think they held 2nd interview then issued a denial after the 2nd interview. However couple more from this board Bushmaster and another one out of atlanta both were asked all these and finally approved. Hope these users are still on here and will reply.
 
-Filed I-485 in Oct 2005 in New Jersey
-FP Dec 2005
-1st EAD Jan 2006
-Interview for GC April 2006 - i was informed that name check has been pending since Oct 2005!!!!
-2nd EAD received Jan 2007
-sent letters to 1st lady, senators, congressmen, received letter from FBI that name check is still pending
-Filed a WOM pro-se law suit April 2007 thanks to this message board
-2 extensions by AUSA
-AUSA filed MTD in Aug 2007
-I filed Opposition to MTD Aug 2007
-Submitted application for 3rd EAD in Aug 2007 and finger prints were taken the same month
-Order from judge dismissing my WOM law suit (NJ) for lack of jurisdiction Sept 2007
-Received a letter to re-do finger prints for I-485 (for the 2nd time) in Oct 2007
- went to do finger prints for Green card but found that the building was closed for maintenance. sent a letter requesting to reschedule but did not hear back
- October 20, 2007, filed a letter to appeal judge order in the 3rd circuit
- October 30, 2007 and 10 days later, I recived an email from AUSA informing me that my name check has been completed and that USCIS will reschedule me to have my biometrics taken again.
- October 31, 2007, Biometrics given to USCIS
- November 2, 2007: Email notifying me that case is approved and Green Card has been ordered
- November 16, 2007: received the Green Card by mail (valid for 10 years) with the welcome note

good luck everyone ... you must sue... regardless whether your jurisdiction/judge ir immigrant friendly or not... even if you lose your law suit, once u sue, they start working on your case... the more u push, the faster they work!
 
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gcwom said:
Lazycis, AGC4ME and other gurus,

1. The AUSA just modified her draft of “Motion to modify scheduling order…”. She states “APA involves limited review of agency action. Such review is limited to the administrative record, and thus these cases are exempt from the initial Disclosures requirement. See FPCP 26(E) (i); 5U.S.C.§706.”
Can I argue that the requested documents (Affidavit from FBI about name check, hits, action taken to resolve hits etc. Affidavit on whether they have followed the procedures required by 8 C.F.R. § 103.2(b)(18).) are part of administrative records?

2. Alternatively AUSA also ask court to stay discovery until it has ruled MTD. “Indeed, a court may not hold a party in civil contempt for failure to respond to a subpoena duces tecum without first determine whether the court has subject matter jurisdiction in the underlying action.” …… “Plaintiff fails to contain any factual allegation of wrongdoing by any Federal Defendant and fails to state a claim for relief. Under such circumstances, Federal Defendants should not be subjected to unwarranted discovery.”
Does court have to rule AUSA’s motion to modify scheduling? If court doesn’t rule, can AUSA avoid responding to request for document reproduction? Or the court just rules that discovery is not necessary. And then it will be no good for me to file MSJ without undisputed facts of what government has done with my case? It is so frustrating to wait.

Thanks a lot for your inputs!!!
Click to expand...

AUSA is right about initial disclosures. If AUSA does not wat to cooperate, you have to wait until the scheduling conference and let court rule on your discovery plan. This is a good way to find whether your judge is sympathetic to your case. The court has to rule one way or the other.
 
toolong2 said:
Hello,

Urgently need your help please! 1447(b) case filed in June. Pro se. N-400 filed almost 5 years ago, NC completed 1.5 years ago.

I received a letter a week ago from USCIS asking me to provide documents within 3 weeks, now I have 2 weeks left till deadline, it seems USCIS lost my file that's why they asked for 20+ documents from me since I lived in the USA 20 years ago, including all tax return forms, all employment records / W2 forms, all schools' transcripts and all I-20s (I went to 1 undergraduate and 2 graduate schools in 3 different states in USA), all rental lease documents for all my previous residence since I was in USA 20 years ago, etc....

The past few days I was like crazy trying to gather the documents, unfortunately I can not get most of them. I only have copies of the past 3 years tax form and W2 forms. When I was a student I rented bedroom from private parties (sharing apt or house), didn't have any lease document at all and I could not find any of those people I rented from any more. Honestly I do not even remember the street addresses or apartment names I lived in the past 20 years.

The letter said "failed to submit any of the required documents before deadline may result in the denial of your application". Now they can use this to deny me easily!

What should I do? Any good example of similiar cases? What will happen if I can not provide all the doc?

Should I file a motion (name of the motion?) to tell the judge that it is unfair to be requested to provide these document because of CIS's fault, who violated the 1447(b) law, and lost my file? The AUSA told me I should follow the USCIS's request...

Of course so far CIS never admited they lost my file, how can I approve it?

Thank you so much. I'm so desperate now, upset, frustrate and in rage.
Click to expand...

Do not worry too much about it. Submit all you can find, for everything else just state that the documents are unavailable. All you need to prove is that you were permanent resident for 5 years before you filed N-400.
 
lazycis said:
AUSA is right about initial disclosures. If AUSA does not wat to cooperate, you have to wait until the scheduling conference and let court rule on your discovery plan. This is a good way to find whether your judge is sympathetic to your case. The court has to rule one way or the other.
Click to expand...
Lazycis,
I really appreciate your help! Also wish you good luck with your case!!!
 
a question about the documents in PACER

Yesterday I read some cases that presided by the Judge that will handle my case. I found several of them have been dismisses. In the case summary, it shows "dismisses-Volunteerily" or "dismisses-settled" or " dismisses". Usually it takes about 4-6 months before case dismissed. And yesterday the AUSA told me that this judge will ususally extend the deadline by another 2 months after the 60 day deadline is over. That means I need to wait longer. But still I don't know if this judge will rule in my favor or not. Any suggestions?
 
Second interview with USCIS?

Hello all,
Firstly I have to appreaciate all fine people here that provided so much information and encouraged me to file 1447b pro se. Without this forum this would not be possible.
I have filed 1447b in illinois on October 13 (60 days deadline December 14). Two weeks later I got a fingerprint notice. I provided FP on Novermber 13. Today (Nov 16) I have called FBI. They said they returned the fingerprint on November 14 but would not provide info about the namecheck. So I do not know.
I also called AUSA today and asked about the case. He told me that he was e-mailing to USCIS etc. He said he is trying to work it out and help, otherwise he will have to file motion to dismiss at the end. Also added that the stones are in his favor. He added that USCIS people told him that I would dismiss the case if they move the case so they know that. They also added that plaintiff usually dismiss their case before the oath ceremony when eveything is cleared.
I replied him that my purpose is to achieve the ultimate outcome: all I want my case to move and I get naturalized. I said I will dismiss the case of course with stipulations, if they move the case, grant naturalization and provide the oath notice. He said he appreciate my cooperation and will do everything to help, he is also learning this issue as it proceeeds (I do not how to interpret all these).

USCIS told him that I would need a second interview, because the first one was two years ago. I have not yet received the notice but AUSA told me that there will be a second interview.

I wonder what is the nature of the 2nd interview. I have been reading this forum for so long but I do not remember anything about 2nd interview.

So folks what to do you think about all these?
And, what is this second interview?

Thank you very much for comments.
 
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