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

"in ¶ 23 in Complaint" - paragraph number 23
"at *2 (N.D. Ill. May 18, 1998) " - page 2
"Id. at *4. " - what does "Id." mean? Previously cited document.
"U.S. Dist. LEXIS" - LEXIS is a publishing company

The last thing you should worry about is whether it will be considered as a plagiarism by court. If the opposition is well-written, the judge won't mind to read it twice :)
 
hi lazycis
i just called my senators office and they said my namecheck cleared..and my wife's cleared too but she said its going to take 2 to 3 years for the visa date to become may
2004 .is this true and can we file wom for not having visa numbers and i missed an oppurtunity in last july...?
 
few questions - please answer if u are 100% sure about it. Thanks

I am preparing my lawsuit and I have these questions if any of you would like to answer. Thank you. Future

(LEGAL)Do I have to put US Attorney General's information in my complaint?


(IT)When I fill the cover sheet, how will I make all the names appear when I try to print it.?
In the Defendants field, It seems that PDF programs create few lines if you have a lot of information and there is a scroll bar that makes all the other lines except the first three, invisible(you have to scroll to see them on the program) . How will I fit in everything so that it appears when printing


(LEGAL) If the local rule requires me to erase and avoid putting home addresses/DOB , where should I put my address so that the court/defendants can communicate with me

(LEGAL) What should I put in place of attorney(lawyer) name/address? Towards the bottom of the civil cover sheet, the attorney has to sign it…But I am filing the case myself, where will I sign?



(LEGAL) is there any limit for exhibits?


(LEGAL) If I am not putting US Attorney General and District US Attorney, should I serve them with the complaint and summons or send them only complaint?


(LEGAL) District attorney / USCIS District director has local offices.
Should I send my files to the main office or the local office?
 
starkid2007 said:
Many thanks, Frustrated_alot, and congrats on your success! I will give it a couple of months. Btw, to share with the rest of the guys here: I called the USCIS national service center after my 2nd FP was done, trying to figure out whether my name check was complete or not. The customer service representative refused to transfer me to an IO, citing that the 2nd FP notice is considered an action from the USCIS, and I have to wait for 60 days before making any inquiry. She asked me to make an InfoPASS appointment. But from the USCIS website, I cannot decide which one of the four categories I should choose, before the 60-day period passes. What a great system! Hang in there, folks.
Click to expand...

The first tier customer service people always try to give you ahard time when you want to transfer. I had to lie. I told them that i wanted to know a clear status of my case in order to decided if i should make an infopass appt or not. I said that i had to find out because i needed to give my job enough notice to get time off from work.:). Sometimes if you just call back you might get a different person who will very nicely just transfer you when asked. Sometimes you have to call back 2 or 3 times.
This is the number process i dialled. 800 number, 1 for English, 2 to bypass intro, 4 while message is playing, then zero and just waited for an operator. Good luck to you. let me know if you need any help.l:)
 
nmchkvic said:
hi lazycis
i just called my senators office and they said my namecheck cleared..and my wife's cleared too but she said its going to take 2 to 3 years for the visa date to become may
2004 .is this true and can we file wom for not having visa numbers and i missed an oppurtunity in last july...?
Click to expand...

Nothing precludes you from filing Wom, but it is going to be an uphill battle with retrogression. It would not have mattered it you filed wom in July.
My advice - file it anyway if your PD was current at any time while you were waiting (you can check archived visa bulletins on DOS site). Include DOS as a defendant.
 
futureuscitizen said:
I am preparing my lawsuit and I have these questions if any of you would like to answer. Thank you. Future

(LEGAL)Do I have to put US Attorney General's information in my complaint?
Click to expand...

Definitely you have to put US AG as a defendant (Mukasey)

(IT)When I fill the cover sheet, how will I make all the names appear when I try to print it.?
In the Defendants field, It seems that PDF programs create few lines if you have a lot of information and there is a scroll bar that makes all the other lines except the first three, invisible(you have to scroll to see them on the program) . How will I fit in everything so that it appears when printing
Click to expand...

Easy way. You do not have to list all defendants on that form. Just put "Micael Chertoff, et al"

(LEGAL) If the local rule requires me to erase and avoid putting home addresses/DOB , where should I put my address so that the court/defendants can communicate with me
Click to expand...
I doubt you can avoid putting your home address on the complaint or other filings. Home address is not listed in local rules as sensitive info, right? DOB you can just black out.
(LEGAL) What should I put in place of attorney(lawyer) name/address? Towards the bottom of the civil cover sheet, the attorney has to sign it…But I am filing the case myself, where will I sign?
Click to expand...
Leave attorney info blank. Sign it yourself where it says "SIGNATURE OF ATTORNEY OF RECORD".
(LEGAL) is there any limit for exhibits?
Click to expand...
Check your local rules, usually the answer is "No"
(LEGAL) If I am not putting US Attorney General and District US Attorney, should I serve them with the complaint and summons or send them only complaint?
Click to expand...
You fill summons for your defendants only. To local US attorney send a copy of defendants' summons+complaint. US AG should be a defendant.
(LEGAL) District attorney / USCIS District director has local offices.
Should I send my files to the main office or the local office?
Click to expand...
For US Attorney from your district, send to his local office, specify "Attn: Civil Process Clerk" on the envelope.
For the USCIS district director send it to the district office address or send it to DHS General Counsel address
 
Wom Dismissed Oct 31 2007

i have not heard nothing from them since.
i am in 6th district court and not many people are lucky here.
i heard that once a WOM is filed they start working on your case and people do get it few months after dismissal

can anyone confirm that info ?

thanks
 
To make sure they are working on it, file a notice of appeal. "Slow_CIS" is from your circuit and should be able to guide you thru the process.
 
When USCIS lost a case in a district court/appeals court on a WOM case(I am interested in I-485 cases, but this applies to 1447(b) too) and the judge ordered it to adjudicate in <<>> days.. Can USCIS appeal to a higher court ( and still not be held in contempt of the lower court ) ?
It seems a good idea to suggest in our response to MTD by AUSA that USCIS is happy to additionally delay the expedite namecheck criteria for WOM'ers on that basis that select district courts have ruled in their favor... I want to challenge the basis of their Feb 2007 memo reversing their previous stand that WOM will trigger a expedite request.
In the current mess, I would like really USCIS to issue a public memo stating that it is expediting * # of applications per month and the order of those expedite requests is based on how delayed the applications are..
So that would prevent applicants to pay unnecessary fees to opportunity minded lawfirms to help forward their applications..
It seems a million+ dollar legal fee business if all applicants with namecheck delays go to courts via lawfirms..
 
wom_ri said:
When USCIS lost a case in a district court/appeals court on a WOM case(I am interested in I-485 cases, but this applies to 1447(b) too) and the judge ordered it to adjudicate in <<>> days.. Can USCIS appeal to a higher court ( and still not be held in contempt of the lower court ) ?
It seems a good idea to suggest in our response to MTD by AUSA that USCIS is happy to additionally delay the expedite namecheck criteria for WOM'ers on that basis that select district courts have ruled in their favor... I want to challenge the basis of their Feb 2007 memo reversing their previous stand that WOM will trigger a expedite request.
In the current mess, I would like really USCIS to issue a public memo stating that it is expediting * # of applications per month and the order of those expedite requests is based on how delayed the applications are..
So that would prevent applicants to pay unnecessary fees to opportunity minded lawfirms to help forward their applications..
It seems a million+ dollar legal fee business if all applicants with namecheck delays go to courts via lawfirms..
Click to expand...


I think you are right. There are 5000 lawsuits against FBI and USCIS in 2007. If everyone who files the lawsuits hire a lawyer, that could be 15+ million dollar business. But thanks to lazycis and other warm-hearted people on this forum, we can cut down that legal expense by a lot. :)
 
lazycis said:
Definitely you have to put US AG as a defendant (Mukasey)



Easy way. You do not have to list all defendants on that form. Just put "Micael Chertoff, et al"


I doubt you can avoid putting your home address on the complaint or other filings. Home address is not listed in local rules as sensitive info, right? DOB you can just black out.

Leave attorney info blank. Sign it yourself where it says "SIGNATURE OF ATTORNEY OF RECORD".

Check your local rules, usually the answer is "No"

You fill summons for your defendants only. To local US attorney send a copy of defendants' summons+complaint. US AG should be a defendant.

For US Attorney from your district, send to his local office, specify "Attn: Civil Process Clerk" on the envelope.
For the USCIS district director send it to the district office address or send it to DHS General Counsel address
Click to expand...


Its a problem if I put home address in the complaint take a look at this local rule:
8.1 Personal Privacy Protection.
Parties shall refrain from including, or shall redact where inclusion is necessary, the following
personal identifiers from all pleadings that they file with the Court, including exhibits thereto,
whether filed electronically or in paper form, unless the Court orders otherwise.
1. Social security numbers. If an individual’s social security number must be
included in a document, use only the last four digits of that number.
2. Names of minor children. If the involvement of a minor child must
be mentioned, use only the initials of that child.
3. Dates of birth. If an individual’s date of birth must be included in a
document, use only the year.
4. Financial account numbers. If financial account numbers are
relevant, use only the last four digits of those numbers.
5. Home Addresses. If a home address must be used, use only the City
and State.

Thank you Lazycis for those answers
 
Something Very Weird

i was checking my portfolio online and i noticed that my EAD that i have received sometimes in feb of 2007 was updated on oct 28, 2007.
the judge dismissed my WOM on oct 31 2007.
i sent no documents or what so ever since the WOM in july 07.

it does not make any sense, why they go back to a document that was completed. Did they put a note there saying " BAD GUY DO NOT RENEW HIS EAD" ?????

i am wondering if i should consider it good news, the case is moving, or they are trying to get me.

what do you guys think ???
 
Case denial what is next

Hi All,

I have filed a law suite according to 120 day rule, after 1 year of filing case, USCIS asked my lawyer to remand the case for 2nd interview. According to my lawyer he agreed to remand the case for 2 month.

After the 2nd interview, they denied the application based on a lame explanation that I filed late taxes which is utterly a joke.

The denial happen after 2 1/2 month from the date case remanded.

Now I have the following questions to you (actually my lawyer is not very helpful and I do not trust him any more):

- Does it make a difference that they denied after 2 1/2 month, does this make the case not under their juristriction?
- If they can deny the case, does this end my law suite against them (since the 2nd interview is an extended examination)?
- If both above is correct, what should I do next, lawyer says I have to appeal but I know they will drag their feet for ever and I prefer to take it to a jude directly.

Thanks in advance for your advice.

Alex72
 
Hard to tell without seeing a court order. If the USCIS did not act before the court-set deadline expired, it was without jurizdiction to deny your application (see Etape v. Chertoff, 4th Cir.). You should petition court for hearing upon your application.

If the USCIS acted before the deadline, you should file an administrative appeal with the USCIS (request for hearing before IO). If appeal is denied, you should file another lawsuit based on 8 USC 1421(c) and ask court to review your naturalization application de novo.

You can try to continue your current case and ask for de novo review of your application. Some courts do it, some don't (the question is whether you have to have a hearing before IO first), but I would try to do it before administrative appeal.
 
for eliama

As you already know, Eastern district of Michigan is one of the worst ones and your case is the 12th case dismissed for lack of subject matter jurisdiction.
What you can do is to go to the next step and file the notice of appeal with the district court. You have 60 days starting from the date of judgment (Oct 31st in your case) to file the notice of appeal with the clerk of the court in E.D. Michigan. In about two week, your case will be docketed and be assigned a case number. In about a month, the clerk of the court of appeals sends you the schedule to file your briefs, and you go from there.

My advice to you is to file for appeal only if you are serious about fighting all the way, not just to file it so that they work on your case faster. My impression is that our AUSA is someone who is committed to the fight all the way to the end. He does not request to expedite unless ordered by the court, or he feels threatened that he might loose in the appeal.

After all if you are determined to fight all the way, you can count on me. But remember, I am not nearly as knowledgeable as lazycis.
 
WoM - Pro Se

Lazycis,

Could I file a Pro Se WoM for N400 delays on behalf of 4 different applicants at the same time. I guess you call it class-A Action lawsuit.

Will it be only $350.00 for all 4 of us?
Are there special rules for filing such lawsuit?
Do you have any info or feedback about the District court in Houston TX?
Are they tough, do they normally grant the MTD?

Thanks

-------------
N400
PD : 11/08/06
 
You cannot file a lawsuit on behalf of other person Pro Se. But all four of you can file a single complaint and pay one fee. All of you have to sign all papers you file with the court. Did you all have an interview?
 
lazycis' Mootness

Blankenship v. Secretary of HEW, 587 F.2d 329,332-33(6th Cir. 1978)

II. MOOTNESS
All of the named plaintiffs received disability hearings before the District Court [*333] granted class certification. Consequently, the defendants contend therefore that the suit should be dismissed as moot.

Admittedly, the named [**8] plaintiffs can no longer complain that they have failed to receive a hearing, and any court-ordered relief to accelerate hearing procedures would have no effect on them. The claims of delay which the plaintiffs advance, however, epitomize the type of claim which continually evades review if it is declared moot merely because the defendants have voluntarily ceased the illegal practice complained of in the particular instance. Thus, the defendants may expedite processing for any plaintiffs named in a suit while continuing to allow long delays with respect to all other applicants. As in Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), refusal to consider a class-wide remedy merely because individual class members no longer need relief would mean that no remedy could ever be provided for continuing abuses. We therefore conclude that the class members retain a live interest in this case so that the class action should not be declared moot, and the class certification should "relate back" to the date of the filing of the complaint, when the named plaintiffs had not yet received hearings or hearing decisions. See Sosna v. Iowa, 419 U.S. 393, 402 n. 11, 95 S. Ct. 553, 42 L. Ed. 2d 532 (1975). [**9]
 
WoM - On behalf of a group.

lazycis said:
You cannot file a lawsuit on behalf of other person Pro Se. But all four of you can file a single complaint and pay one fee. All of you have to sign all papers you file with the court. Did you all have an interview?
Click to expand...

LAZYCIS: Many thanks for your prompt and dedicated assistance.
I only mentioned Pro Se to let you know that there is no attorney involved.

Unfortunately, all 4 of us have not had an interview. If I would've had an interview I would've filed by myself long time ago. I chose to file as a group to increase our chances in a conservative, republican, immigrant-hateful District. The judge may think twice before making a decision, and the AUSA may do the same b4 filing MTD. I could be wrong, there's really no telling what the heck they may or may not think.. It's just an idea.. What do you think?
 
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