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

urgent help...

lazycis,others:
I had the following in my complaint:
VIII. REMEDY SOUGHT/CLAIMS FOR RELIEF

47. Plaintiff seeks to have the Court compel Defendants Mueller and Gonzalez to conduct and complete a background check and security/name check and issue the results within 30 days.

48. Plaintiff seeks to have the Court compel the Defendants Gonzalez, and Chertoff to promptly adjudicate Plaintiff and his Spouse, xxx pending Form I-485, Adjustment of Status Application upon the receipt of the required background checks.

IX. PRAYER
49. WHEREFORE, in view of the arguments and authority noted herein, the Plaintiff respectfully prays that the Court:

(b) Compel Defendants and those acting under them to expeditiously process Plaintiff’s and his spouse’s I-485 Applications to conclusion within 30 days of this Court’s order.

Is there a problem with seeking 'expeditiously process' in my final prayer ?
AUSA MTD begins with the statement: plaintiff seeks to expedite his I-485 applications.
 
my Lawsuit status so far - Namecheck pending for more than 2 years(close to 2 years after the interview)

case filed on second week of december
served all defendants - AUSA got the package in 2 days
filed certificate of service with the court
Defendats are supposed to give a reply in the court on Jan 2, 2008 (isn't that the perfect deadline?)

Will there be a chance of an extension or something else will be in court?


thanks,
future
 
futureuscitizen said:
my Lawsuit status so far - Namecheck pending for more than 2 years(close to 2 years after the interview)

case filed on second week of december
served all defendants - AUSA got the package in 2 days
filed certificate of service with the court
Defendats are supposed to give a reply in the court on Jan 2, 2008 (isn't that the perfect deadline?)

Will there be a chance of an extension or something else will be in court?


thanks,
future
Click to expand...

Future,
Call and talk to the AUSA on 27th. They will have to do something. Ask him if there is any indication of progress. If he is not saying anything tell him next that if an extension of deadline will help in getting this resolved you are ok with this.
 
lotechguy said:
Future,
Call and talk to the AUSA on 27th. They will have to do something. Ask him if there is any indication of progress. If he is not saying anything tell him next that if an extension of deadline will help in getting this resolved you are ok with this.
Click to expand...

The AUSA(assistant) who will be in charge of my case(which I dont know yet) will have to call me back. Its been 9 days since they received my package...

my question is what will happen if they dont reply by Jan 2?

thanks lotech
 
citing alaka v attny gen(3rd circuit) 2006

Lazycis,others:
The judge order denying MTD in Duan v Zamberry refers to Alaka v Attny Gen
Alaka v. Attorney General, 456 F.3d 88, 95 (3d Cir. 2006).
"[t]he jurisdiction stripping language [of Section [*6] 1252]
applies not to all decisions the Attorney General is
entitled to make, but to a narrower category of decisions
where Congress has taken the additional step to specify
that the sole authority for the action is in the Attorney
General's discretion."

Isn't this worthwhile in the google spreadsheet for favorable cases ?
Is there an issue citing it in our response to MTD ?
 
USCIS efficiency in MTD_denied

Is it reasonable to add the following in our response to MTD:
Plaintiff is stunned by the efficiency displayed by USCIS and FBI in adjudicating applications when their motions to dismiss mandamus claim is denied by federal court judges. For example, in Tang v. Chertoff, 493 F. Supp. 2d 148, 154 (D. Mass.,2007), USCIS adjudicated the petition within 14 days of the judge’s order( Even though they had 45 days to comply with the order or file an appeal).

(seems to give weight to the "unreasonable delay" part).

i.e.. is it valid to allege issues in MTD response (or is it mere legal arguments)
 
Hi All,
I have been following this thread for almost 6 months now and finally have all the supporting docs i.e. congressman letters, ombudsman and first lady and several FBI and USCIS responses on my wifes pending AOS (I-485). we completed our interview April 2005 and since then been waiting on name check. I am planning to go to the central district of CA court in Santa Ana to pick up the pro se package and get started with the lawsuit. My question from some of the senior members here is? This is my wifes case and since her english is not to level to understand legal procedings, Should I file as if in first person, in that case how would we handle dealing with AUSA, phone conversations, and court contacts? Can I represent her? or joint filing? Any input would be greatly appreciated, In case this should be a joint filing, please forward me a joint complaint sample link?
thanks for all the help.
Regards,
Jason
 
PALANG said:
Hi All,
I have been following this thread for almost 6 months now and finally have all the supporting docs i.e. congressman letters, ombudsman and first lady and several FBI and USCIS responses on my wifes pending AOS (I-485). we completed our interview April 2005 and since then been waiting on name check. I am planning to go to the central district of CA court in Santa Ana to pick up the pro se package and get started with the lawsuit. My question from some of the senior members here is? This is my wifes case and since her english is not to level to understand legal procedings, Should I file as if in first person, in that case how would we handle dealing with AUSA, phone conversations, and court contacts? Can I represent her? or joint filing? Any input would be greatly appreciated, In case this should be a joint filing, please forward me a joint complaint sample link?
thanks for all the help.
Regards,
Jason
Click to expand...

My wife's English was also not good enough to handle complicated legal terms. I prepared the initial filing and the Opposition to MTD as if she had wrote it.

When we had the Scheduling Conference via conference call, she had to answer the Yes/No questions asked by the Judge. I told her how to answer using head motions.

I am fairly certain that you cannot "represent" her if you are not an attorney. However you can prepare the documents on her behalf.
 
Palang/Jason,

You cannot legally represent your wife but you definitely can file a joint complaint with two Pro Se plaintiffs. I am sure if your wife is suffering, you are suffering too. :( :) So you do have something to complain about. Explain how the delay affects you personally in the complaint. This way you will be able to handle all communications with the court even if your personal claim is dismissed (more likely) at the end. You both would need to sign all papers filed with the court.
 
futureuscitizen said:
The AUSA(assistant) who will be in charge of my case(which I dont know yet) will have to call me back. Its been 9 days since they received my package...

my question is what will happen if they dont reply by Jan 2?

thanks lotech
Click to expand...

future,
There is no default judgement against the government so they will file some response. They may file either an answer or a Motion to Dismiss or they may get in touch with you to file a joint extension. A joint extension will be the best for both since it gives FBI and USCIS bueruacracy time to move. You should keep calling the AUSA till you get him. If they file an answer you dont have to do anything FRCP says there is no answer to an answer (may be we can file a motion to file additional evidence and file some kind of rebuttal to their answer, Gurus, please comment on this). If they file MTD then you will have to file a response in 21 days. There is the well known PAZ1960 response to MTD that has been widely successful. I can help you to file with a variant of that if it comes to that. Once response to MTD is filed the case will lay for a another couple of months, then the judge will set a hearing date possibly in April in your case. The expectation of course is that case will be resolved by then. IF in the rare event case still is not solved you will have to go to hearing with the judge. In this case I will advice you to get with a junior attorbry, brief him up with all you have filed and click a deal for apprearnce on your behalf say for $1000 in the court and you can go to court with him. The judge will ask AUSA and may ask you or your attorney questions on your opposition , will defintely ask AUSA what the progress is and will take the case under advisement. Then possible 30 days after that may give a decision. Irrespective of the decision, your processing is not effected unless the judge orders in your favor and ask them to process in 120 days in which case you can expect a resolution whition 4 months from the hearing ie around October Nov 2008, worst case.
 
Jefrey v. INS, 710 F. Supp. 486 (S.D.N.Y. 1989))

Can someone please post the judge order in this case ?
I could not track it in PACER
thanks!
 
lazycis and others, I ve been a silent reader of this forum and I finally filed a 1447.
I've been waiting for almost 3 years since my interview and I finally took action.
now here is my question. I hired a lawyer and I just saw my complaint on http://dockets.justia.com , it states " Defendant: Michael Mukasey, Michael Chertoff, Denis Riordan, Robert Mueller, Emilio T. Gonzalez "
Are these the right defendants or else please advice.

Thanks
 
futureuscitizen said:
my Lawsuit status so far - Namecheck pending for more than 2 years(close to 2 years after the interview)

case filed on second week of december
served all defendants - AUSA got the package in 2 days
filed certificate of service with the court
Defendats are supposed to give a reply in the court on Jan 2, 2008 (isn't that the perfect deadline?)

Will there be a chance of an extension or something else will be in court?


thanks,
future
Click to expand...

If you filed your complaint on the second week of December, the defendants' answer can't be due on Jan. 2, 2008. By default, when you sue the government they have 60 days to answer your complaint.

(see the FRCP, Rule 12 (a) Time to Serve a Responsive Pleading. (2) United States and Its Agencies, Officers, or Employees Sued in an Official Capacity.

The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney.)

If the clerk set 20 days for the answer, s/he made a mistake (it is the general rule, when the defendant is NOT the US government). AUSA will certainly know this and will ask the court to correct this mistake.
 
N400BS said:
lazycis and others, I ve been a silent reader of this forum and I finally filed a 1447.
I've been waiting for almost 3 years since my interview and I finally took action.
now here is my question. I hired a lawyer and I just saw my complaint on http://dockets.justia.com , it states " Defendant: Michael Mukasey, Michael Chertoff, Denis Riordan, Robert Mueller, Emilio T. Gonzalez "
Are these the right defendants or else please advice.

Thanks
Click to expand...

I assume that Denis Riordan is the USCIS district director (I don't know this name) where your case is stuck. The others are OK. Mukasey is the US Attorney General, Chertoff is the secretary of the Dept. of Homeland Security, Mueller is the director of FBI, Gonzalez is the director of USCIS.

I believe that the defendants are correctly listed.
 
paz1960 said:
If you filed your complaint on the second week of December, the defendants' answer can't be due on Jan. 2, 2008. By default, when you sue the government they have 60 days to answer your complaint.

(see the FRCP, Rule 12 (a) Time to Serve a Responsive Pleading. (2) United States and Its Agencies, Officers, or Employees Sued in an Official Capacity.

The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney.)

If the clerk set 20 days for the answer, s/he made a mistake (it is the general rule, when the defendant is NOT the US government). AUSA will certainly know this and will ask the court to correct this mistake.
Click to expand...

I didnt have a summons form to send it to the defendants. Instead I had a Notice (A0 456) that clearly mentions the hearing date and it says "Defendants Response to the petition to be filed and served by 1/2/08".

I am predy sure she knows what she is doing.
 
Case transferred and under Extended Review

I-485 was transferred from TSC to NSC, the transfer notice says that the case was transferred for faster processing.

Does that mean anything?

Called NSC, according to the phone rep., the case was entered into extended review in last 30 days and will take longer than the usual cases. I should check back with them every 30 days if there's any progress. Has anyone had similar experiences?
 
jefkorn said:
I-485 was transferred from TSC to NSC, the transfer notice says that the case was transferred for faster processing.

Does that mean anything?
Click to expand...

Hard to tell. My case was sent from VSC to TSC and back to VSC. Both times it was for "faster processing". But ... nothing happened.
 
jefkorn said:
I-485 was transferred from TSC to NSC, the transfer notice says that the case was transferred for faster processing.

Does that mean anything?

Called NSC, according to the phone rep., the case was entered into extended review in last 30 days and will take longer than the usual cases. I should check back with them every 30 days if there's any progress. Has anyone had similar experiences?
Click to expand...

You'll be called for an interview.
 
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