Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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mohamedmohamed
Registered Users (C)
if your case is approved, let them worry aboyr the rest, if not file a memo, for summary/default judgementcuties said:
kabi24 said:Hey Everyone,
Today i returned the summons receipts to the court, i also called the US attorney's office, But nobdy picked up. not even an answering machine
So on the web i found an email of the Public Affairs Officer, i sent an email and got an answer back about 20 minutes later. It looks like nobody took a look at it yet and it's been about 10 days (i thought they get right on it)
Mr. XXXXX, the case just arrived and has not yet been assigned. The head of the civil division will let me know when it has been assigned and I can then forward your email to that attorney. Our main phone number is 206-553-7970. It is usually answered quite promptly. Perhaps there was a heavy volume of calls.
Thank you for your inquiry.
Emily Langlie
Public Affairs Officer
United States Attorney's Office
I am sure we have fast life here in Los Angeles Area
Congratulations, Zoromark!!!zoromark said:
Thank you for sharing your experience with us and best wishes to you.
------------------------
4/16/05 - N-400 receipt date
8/4/05 - Fingerprinting date
10/5/05 - Interview date (passed; pending the FBI background check)
5/30/06 – 1447(b) Petition filed
5/30/06 - US Attorney is served
6/30/06 – Will call the U.S. Attorney
7/31/06 – Defendants’ Answer is due
This thread is on steroid, growing too fast
Good luck to all!
Balto
Ha, for that, I hold you contempt and sentence you to 2 months' community service or until you get your approval.Eastbayer said:
Good luck to all!
Balto
Letter received from local US Attorney
Dear all,
I received a letter from US Attorney today asking me to dismiss my case, attached with a copy of my I-485 application form stamped with "Approved".
The letter says:
Dear Mr. xxxx,
The Department of Homeland Security reported to me today that your application was approved on May 25, 2006. Enclosed please find a copy of the approval faxed to me today. I am writing to obtain your consent to terminate this case.
Upon receipt of the original document from Department of homeland security approving your status, kindly sign the enclosed consent order terminating this civil action. This will enable the court to close the case without further action by either of us. As you may be aware, our courts are also stressed with many filings. If i have not received a signed copy of this order back from you by June 10, I will file a motion to dismiss the case.
By copy of this letter, I am notifying the court of the approval of your application. I am also sending a copy to the Honorable XXXX XXXXXX noting that the government agrees that your initial filing should be under seal.
I hope that you and your wife are now able to plan for your future in this country.
Best wishes,
XXXXXX X XXXXXXXXX
United States Attorney
By XXXXX XXXXXXXXXXX
Assistant US Attorney
The Consent Order says:
Whereas the Plaintiff's Application to Adjust Status was approved on May 25, 2006 and no further relief was sought by way of complaint,
It is on this ____ Day ____________, 2006
ORDER that this matter is dismissed with prejudice.
HONORABLE XXXXXX X XXXXXXXX
UNITED STATES DISTRICT JUDGE
The undersigned consent to the form and entry of this order.
XXXXXXX XXXXX XXXXXXX XXXXXXXXXX
Plaintiff United States Attorney
What I would do is:
1. Call the assistant US attorney tomorrow and ask her to change the wording from "with" to "without" prejudice;
2. Tell her that I will wait until I receive the physical card, in the mean time, if it passes June 10, she can either file an extension, or motion to dismiss the case, whichever she decides. Only after I receive the physical card, I will dismiss my case.
What do you guys think? Is there anything else I should be aware on this matter?
Dear all,
I received a letter from US Attorney today asking me to dismiss my case, attached with a copy of my I-485 application form stamped with "Approved".
The letter says:
Dear Mr. xxxx,
The Department of Homeland Security reported to me today that your application was approved on May 25, 2006. Enclosed please find a copy of the approval faxed to me today. I am writing to obtain your consent to terminate this case.
Upon receipt of the original document from Department of homeland security approving your status, kindly sign the enclosed consent order terminating this civil action. This will enable the court to close the case without further action by either of us. As you may be aware, our courts are also stressed with many filings. If i have not received a signed copy of this order back from you by June 10, I will file a motion to dismiss the case.
By copy of this letter, I am notifying the court of the approval of your application. I am also sending a copy to the Honorable XXXX XXXXXX noting that the government agrees that your initial filing should be under seal.
I hope that you and your wife are now able to plan for your future in this country.
Best wishes,
XXXXXX X XXXXXXXXX
United States Attorney
By XXXXX XXXXXXXXXXX
Assistant US Attorney
The Consent Order says:
Whereas the Plaintiff's Application to Adjust Status was approved on May 25, 2006 and no further relief was sought by way of complaint,
It is on this ____ Day ____________, 2006
ORDER that this matter is dismissed with prejudice.
HONORABLE XXXXXX X XXXXXXXX
UNITED STATES DISTRICT JUDGE
The undersigned consent to the form and entry of this order.
XXXXXXX XXXXX XXXXXXX XXXXXXXXXX
Plaintiff United States Attorney
What I would do is:
1. Call the assistant US attorney tomorrow and ask her to change the wording from "with" to "without" prejudice;
2. Tell her that I will wait until I receive the physical card, in the mean time, if it passes June 10, she can either file an extension, or motion to dismiss the case, whichever she decides. Only after I receive the physical card, I will dismiss my case.
What do you guys think? Is there anything else I should be aware on this matter?
Mohamed, Suzy, RealSuperK and other great comrades, you think my plan is okay? Maybe I should suggest the US attorney to file an 30-day extension? I haven't received the approval notice yet till today. One thing I am sure is, no matter what, before I receive the actuall card, I would never dismiss my case. The USCIS is never trustworthy.
cuties said:
Cutie, do not worry about this issue.
If you want you can just ignore the litigation from now.
As far as you're concern, the worst can happen, you'll lose by default...but you already got what you wanted.
The bad aspect of this, what I can see, is that if you'll lose, you case will go in to the records as a case "won"
by USCIS and my give some ammunition to the US Attorneys to argue in the future litigations...and you'll break the excellent record we have here against USCIS By the way guys, what's the score now???
USCIS ( 0 ) - We/you the Plaintiffs (30 ) maybe 40 or...50
hadenuf said:
Hi,
Buggin is right, Ninth Circuit is Court of Appeals, which you will go to if you lose your case in District Court (am I right?)....
You are under the big umberella of Ninth Circuit, but you need to go to District Court, which is District Court of Northern CA. http://www.cand.uscourts.gov/.
They have 3 locations, SF, San Jose as Oakland. Buggin explained very well.
Since I am close to San Jose, so I just went there. I am not sure of yours, but you can certainly try Buggin's suggestion, or just call up the court clerk and ask.
It may not matter too much -- you are not expected to meet the judge in person
Good luck to you all.
zoromark.
syt said:
I filed for my 485 not 1447(b).
I brought serveral copies of the complaint, but it turns out 3 is enough. Because they will give a stamped one (on the cover sheet) and you will make copies of the rest (with the stamped cover sheet) and serve the defendant/attorney later.
ONE summon only. You just need to print ALL the names (defendants/attorney) on one summon sheet, and the clerk will stamp on this sheet. Use the same sheet to server everyone.
Of course, as Buggin said, always keep extra copy for yourself, including summon and cover sheet.
Last edited by a moderator:
They. Are. So. Weird
Hi Guys.
So
On April 29th, out of hopeless courtesy, I sent out an intent to sue letter to USCIS, DHS, US Attorney General, and DHS counsel, giving them 30 days, with a draft complaint.
I filed my 1447(b) this past Friday, the 26th, in LA, thinking, no response has been forthcoming and next business day is the 30th.
(Somewhat humorous experience, I thought "bluebacked" meant documents bound in blue folders; I haggled with the Staples people to sell me 3 of the stupid folders instead of a whole box. Also, I drafted a nice cover letter that was so unnecessary it was returned.)
Anyway, I filed in person and the clerk was a cool soothing balm of a civil servant, in contrast to the CIS folks. Filing took about 40 minutes in all. It is correct, there is no fee in LA. Don't know why. Maybe they know we've all already paid useless lawyers etc.
So, Saturday the 27th, I sent copies of the complaint and summons to the defendants.
Today, I had a panic attack because I did not list the local US district attorney as a party of interest, but the local office of the US attorney general!!
So I drafted a makeshift amendment with an original and amended "notice to interested parties", ready to send to all defendants, their counsel, and the court.
I get home and there is my oath letter, for June 16th, dated May 26th, postmarked May 30th.
I cried and made a few toasts with mu husband before the paranoia came back...
?
I am assuming this was the result of my intent to sue letter.
But where does that leave my filed lawsuit?
Can they (USCIS) disinvite me from my oath ceremony?
I considered dismissing my case, but can't find the correct form to do so.
Then, I am wary of dismissing my case, because I do not trust CIS' modus operandi.
So, right now, I have decided to leave my complaint as is, not update anything, etc. and wait.
Can a plaintiff make a motion to dimiss his/her case? If so, is there a specific form?
The other thing that genuinely bothers me is that I do not want to clog up the court system with an extraneous complaint.
I am looking at the following course: going to work, preparing for my wedding on June 17th (!), going to my oath ceremony on June 16th, and then personally going back to the pro se unit at the court house to ask how I can dismiss my case.
Comments? Thoughts? Suggestions?
And...thanks so much to all.
Gosh, I wish I could celebrate already!!!
Hi Guys.
So
On April 29th, out of hopeless courtesy, I sent out an intent to sue letter to USCIS, DHS, US Attorney General, and DHS counsel, giving them 30 days, with a draft complaint.
I filed my 1447(b) this past Friday, the 26th, in LA, thinking, no response has been forthcoming and next business day is the 30th.
(Somewhat humorous experience, I thought "bluebacked" meant documents bound in blue folders; I haggled with the Staples people to sell me 3 of the stupid folders instead of a whole box. Also, I drafted a nice cover letter that was so unnecessary it was returned.)
Anyway, I filed in person and the clerk was a cool soothing balm of a civil servant, in contrast to the CIS folks. Filing took about 40 minutes in all. It is correct, there is no fee in LA. Don't know why. Maybe they know we've all already paid useless lawyers etc.
So, Saturday the 27th, I sent copies of the complaint and summons to the defendants.
Today, I had a panic attack because I did not list the local US district attorney as a party of interest, but the local office of the US attorney general!!
So I drafted a makeshift amendment with an original and amended "notice to interested parties", ready to send to all defendants, their counsel, and the court.
I get home and there is my oath letter, for June 16th, dated May 26th, postmarked May 30th.
I cried and made a few toasts with mu husband before the paranoia came back...
?
I am assuming this was the result of my intent to sue letter.
But where does that leave my filed lawsuit?
Can they (USCIS) disinvite me from my oath ceremony?
I considered dismissing my case, but can't find the correct form to do so.
Then, I am wary of dismissing my case, because I do not trust CIS' modus operandi.
So, right now, I have decided to leave my complaint as is, not update anything, etc. and wait.
Can a plaintiff make a motion to dimiss his/her case? If so, is there a specific form?
The other thing that genuinely bothers me is that I do not want to clog up the court system with an extraneous complaint.
I am looking at the following course: going to work, preparing for my wedding on June 17th (!), going to my oath ceremony on June 16th, and then personally going back to the pro se unit at the court house to ask how I can dismiss my case.
Comments? Thoughts? Suggestions?
And...thanks so much to all.
Gosh, I wish I could celebrate already!!!
mohamedmohamed
Registered Users (C)
i apleased to se there was a lot of good new today, on this thread, it is a very good progress.Suzy977 said:Just go to your Oath, and after that you'll take it from there.
Don't waste your time and energy before then on this matter.
CONGRATULATION
i agree with Suzy, as long they didnt ask for you to dismiss your cases(which they might still do before your oath) you can just leave it as it, but when they do asl to do that, you can dismiss without prejudice( as suzy always says) you have your oath oppointment, which the equivelant of final naturalization.
phamboy
Enclosed please find a copy of the approval faxed to me today. I am writing to obtain your consent to terminate this case.
if you really have received a faxed copy of the approval letter, you can do the same too.
good luck everyone
rob waiter
Registered Users (C)
can any one post an intent-to-sue template?
can any gurus post an intent-to-sue template? I would want to
use this as a hopeless courtesey as well.
rob
can any gurus post an intent-to-sue template? I would want to
use this as a hopeless courtesey as well.
rob
FedoraCore
Registered Users (C)
ohh shit
I forgot to put the name of the us attorney on the list of interested parties. is that ok??????? if I ammend it, will 60 day clock restart from zero again
I forgot to put the name of the us attorney on the list of interested parties. is that ok??????? if I ammend it, will 60 day clock restart from zero again