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

hi, gurus

I am about to file my WOM lawsuit. Could someone point me to some successful N-400 WOM cases(or good samples)? I have registered a PACER account.

Thanks a lot.
meteor8
 
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meteor8 said:
hi, gurus

I am about to file my WOM lawsuit. Could someone point me to some successful N-400 WOM cases(or good samples)? I have registered a PACER account.

Thanks a lot.
meteor8
Click to expand...

I assume you did not have an interview.
Moretazpour v. Chertoff, 2007 WL 4287363 N.D.Cal. Dec 05, 2007
 
I think USCIS & DOS have changed Employment based cases to DV cases by:
a) defining priority dates in bulletins which cannot accomodate all users.
b) withholding certain applicants for long periods pending investigation
now anyone in the pending status will get GC as a lottery effect.

a) & b) will still accord with 1255(a) & 1153(e) only if b) is a small number.
Unfortunately, b) is over 50000 applicants!!!
additionally, they screwed it up further by making dates current.. last
july and getting flooded with 485 applications..

As far as I see, USCIS now has no legal standing..
Iam enjoying this...
Have to wait until April'30 to put all this into MTD(or response to answer)

lazycis said:
Verovkin v. Still, 2007 U.S. Dist. LEXIS 93904

Defendant's bald assertion that § 1255(a) contains an "express requirement that an immigrant visa be available on the date [an applicant's] status is to be adjusted" is simply not supported by the text of the statute. And Defendant has provided no explanation for his assertion that Plaintiff's eligibility for an immigrant visa should be evaluated as of the date of the adjudication of his application, when the statute clearly requires evaluating the availability of such a visa as of the date of the filing of his application.
Click to expand...
 
After filing the complaint, speak to AUSA. Most likely he will ask for extension of time to file a response to your amended complaint.
lazycis said:
Only for DOS. Make a copy for you. You do need to file amended complaint with the court and serve a copy of it to DOS (with summons) and AUSA. I recommend you to file it on Monday and hand delivering it to AUSA on the same day. You may be OK if you just mail it on Saturday to AUSA.
Click to expand...
 
Thanks, lazycis

lazycis said:
Only for DOS. Make a copy for you. You do need to file amended complaint with the court and serve a copy of it to DOS (with summons) and AUSA. I recommend you to file it on Monday and hand delivering it to AUSA on the same day. You may be OK if you just mail it on Saturday to AUSA.
Click to expand...

Thanks, lazycis. Do you know the address of Rice (the new defendant) that I need to put in the summon and mail the summons to?
 
Free text search in pacer for WOM cases

Is there a way to conduct free text search in court cases and documents in Pacer or another system let say Lexis? If that's possible, wouldn't be easy to find out what was discovered in previous cases on the catch-all "extended review" etc.
 
wommei said:
Thanks, lazycis. Do you know the address of Rice (the new defendant) that I need to put in the summon and mail the summons to?
Click to expand...

Condoleezza Rice
United States Secretary of State
U.S. Department of State
2201 C Street NW
Washington, DC 20520
 
Thanks for the reply. Perhaps, I'll give another try and wait for one more month..

Today I went to the district court in MD and searched civil cases under 890 from 1/1/06 to present using the CM/ECF system. All cases are pending. The clerk told me that I should be able to find all cases that were filed in MD on this system. However, I didn't find a single case settled with a favorable decision.

Then, I saw the Etape case, and it's still pending (See the attachment for new development: DEFENDANT’S BRIEF SETTING FORTH ITS POSITION REGARDING REMAND AND SUBSEQUENT PROCEEDINGS). It turned out that Etape doesn't have good moral character. So, it may not be a good idea to use the circuit's 8-2-2007 ruling on his case...


lazycis said:
It's hard to advice. According to other people's experience, sending draft complaint is useless (I remeber one instance where it did help, but who knows for sure?).
Click to expand...
 
Lazycis,

thanks for the quick response. I found the case number 3:2007cv04264. it's Mortezapour vs. Chertoff.

BTW, yeah, you are right. I didn't have an interview.

lazycis said:
I assume you did not have an interview.
Moretazpour v. Chertoff, 2007 WL 4287363 N.D.Cal. Dec 05, 2007
Click to expand...
 
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sweetapple said:
Thanks for the reply. Perhaps, I'll give another try and wait for one more month..

Today I went to the district court in MD and searched civil cases under 890 from 1/1/06 to present using the CM/ECF system. All cases are pending. The clerk told me that I should be able to find all cases that were filed in MD on this system. However, I didn't find a single case settled with a favorable decision.

Then, I saw the Etape case, and it's still pending (See the attachment for new development: DEFENDANT’S BRIEF SETTING FORTH ITS POSITION REGARDING REMAND AND SUBSEQUENT PROCEEDINGS). It turned out that Etape doesn't have good moral character. So, it may not be a good idea to use the circuit's 8-2-2007 ruling on his case...
Click to expand...

Etape case is important for you to prove that court has exclusive jurisdiction under 1447b. Whether Etape has a bad character or not is not relevant for your case. The government brief in Etape case may be helpful for your case as well. If you do not include Etape, the government most likely will try to drag the case and file MTD. You need to prevent it.
 
meteor8 said:
Lazycis,

thanks for the quick response. do you have the case number? I tried to search the last name 'Moretazpour' in PACER but nothing was found.

BTW, yeah, you are right. I didn't have an interview.
Click to expand...

3:07-cv-04264-BZ Mortezapour v. Chertoff

Westlaw seems to have a typo :)
 
3:07-cv-04264-BZ Mortezapour v. Chertoff

Can someone please retrieve and post the initial complaint (PDF) that was filed in this case: 3:07-cv-04264-BZ Mortezapour v. Chertoff..

And any other documents that were filed subsequently.

Greatly appreciate it.

Thanks
 
Lazycis and other gurus,

1. when filing WOM lawsuit, if I don't have a copy of the FP notice, can I still list it under cause of action without providing an exhibit?

2. I am thinking to efile my case(to save my trips to the court). Does anyone have any experience with ECF?
 
meteor8 said:
Lazycis and other gurus,

1. when filing WOM lawsuit, if I don't have a copy of the FP notice, can I still list it under cause of action without providing an exhibit?

2. I am thinking to efile my case(to save my trips to the court). Does anyone have any experience with ECF?
Click to expand...

1. Of course. You can state whatever you want and request evidence during discovery if necessary.

2. Members who used ECF like it. It will probably save you time and money if you have access to a scanner. Court clerk will give your ECF instructions when you file original complaint.
 
Thanks to a lot of help and patience from Lazycis and this forum, I finally filed the WOM for my I-130 today. Thanks again Lazycis.

Wish me luck.
 
waitinfori130 said:
Thanks to a lot of help and patience from Lazycis and this forum, I finally filed the WOM for my I-130 today. Thanks again Lazycis.

Wish me luck.
Click to expand...

Good luck to you. I believe that you will win the case. Keep searching in this forum, there are so much useful informations. Feb. memo 4th build your case stronger.
 
waitinfori130 said:
Thanks to a lot of help and patience from Lazycis and this forum, I finally filed the WOM for my I-130 today. Thanks again Lazycis.

Wish me luck.
Click to expand...

Well done! I wish you to get a sympathetic judge. I believe there is a couple of successful WOM cases in your district.
 
meteor8 said:
You mean to request USCIS to provide evidence during discovery? Sorry about all these questions, I am new with all the legal terms.
Click to expand...

Yes. But I do not think it will be necessary. The judge should take your allegations as true at the initial stage. the government will have to prove otherwise.
 
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