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

amo585 said:
Victory​
Another victory … I endorse it to Publicus, Suzy, Mohammed2x and all.

Filed my 1447b on 03/27/06
Summons served and received by the local AUSA office on 04/03/06.
Just this week I called AUSA and left a message with my name and case# that I want to talk to the Attorney assigned to handle my case.
A day later called again and remind them their answer due date is 06/03/06.
Yesterday (05/31/06) a lady left me a message that they couldn’t locate my case, so they need the names of the Defendants. I called and left a message with the needed info.

Today at 1:05 PM a lady called me and introduce herself as the attorney assigned for my case, and said “ Congratulation on you naturalization and…”
I said, “Wait …wait…wait…what are saying?? That was never happened. No body contacted me or…
She said, “ Calm down Sir, there is a note in front of me saying that you supposed to have been taken your oath yesterday. I said, never happened and I’m smelling something fishy here and….” She said, Okay, well then…let me call the officer and I will call you back.
The shorter notice in history( I think)
At 1:45 pm an officer called me, introduced himself and said there was a mistake and a misunderstanding and if I could make it he will be more than willing to give private oath :D
Because there was no ceremony today, but he preferred if I can wait till tomorrow.

I said “No, Sir I’m not going to wait for tomorrow, I have waited so long. And after what you have called misunderstanding, I do prefer to do it today. I’m about half an hour from your office.” He said, Okay Sir, I will but your name at the reception and come to me directly.
I was at the office at 2:30 and to make it short. He said to me “I’m very impressed with the action you have taken, that you get to the federal court. You are the kind of citizen we need in this country and…… He added, “ I never pretended that we are doing the best job in the world but…anyhow I’m proud of you.
At that moment every body and every name here came into my mind and tear dropped out of my eye. And I said then you should be proud of publicus, Suzy, Mohamed and the others. He thought that I went out of my mind and said, what are you talking about, who are they? I said MY FRIENDS.

At 3:30 I took the oath …I’m a US citizen….
Click to expand...

This is the best story ever!

We had so many great stories here but reading this post today brought me a lot of joy.

Great, fantastic journey, CONGRATULATION :)

P.S. I was tired of flat stories (like SuperK's one :p ) or "heroic" stories (like Sargent's Bilko a.k.a. Publicus one :p ) or horror stories where members are killing their cats (like tsa's one :p ) :D :D
...not to mention my pathetic one, when the s.o.b.'s from FBI ruined all my plans to sue them and USCIS by clearing my name 3 days before the scheduled filing day :D :D
 
cajack said:
syt:

Thank you for you reply. How can I find out if name check is the only problem for my case? Should I call USCIS hotline to find out? By the way, looks like you are filing 1447b yourself. What make you change your mind to file it by yourself? I have not decide if I should file it myself or ask Justin Wang to file for me. Also it is very encouraging to see many people who are fighting for their rights won their cases recently. I am looking forward my 120 expiring. We are legal immgrants and we obey the law and we pay our tax. We don't deserve to be treated like this.

Many thanks,

Jack
Click to expand...

frankly i don't believe personally that there are many good lawyers out there. once they get your money, they become very very lazy, and you have to follow up with them all the time. Also at times, it is hard to convice them that you want to get your case resolved asap. From their side, they have got your money and your case is done from their angle. They don't study cases well. The only advantage which they might have is that they *may* know the court rules better than you, if the case goes to trial. But then you can hire the lawyer if and when your case goes to trial. in my opinion, almost none of 1447b cases will go to trial, since USCIS has no grounds to fight/beat it. This is the exactly the reason why USCIS has changed the policy of interviewing folks before their name check is cleared. They will very likely get all the 1447b cases settled.

i am curious to know why you want to file such a simple lawsuit like 1447b thru a lawyer. Also USCIS would had fought like hell if they believe that they have a chance to beat 1447b. Can you please cite a single 1447b case in this forum where DA/USCIS try to fight the case? Anyone in this forum who won believed that they had a better chance of winning it if they had a lawyer?

any comments from anyother forum members, gurus?
 
Suzy977 said:
This is the best story ever!

We had so many great stories here but reading this post today brought me a lot of joy.

Great, fantastic journey, CONGRATULATION :)

P.S. I was tired of flat stories (like SuperK's one :p ) or "heroic" stories (like Sargent's Bilko a.k.a. Publicus one :p ) or horror stories where members are killing their cats (like tsa's one :p ) :D :D
...not to mention my pathetic one, when the s.o.b.'s from FBI ruined all my plans to sue them and USCIS by clearing my name 3 days before the scheduled filing day :D :D
Click to expand...

CIS is hurting. Lawsuits are piling up and for the first time in their lives, the Immigration Officers have to do their jobs with expediency instead of wasting time talking about BS and eating burgers.

Take it suckers... :D
 
Filing 1447(b) with Northern California District Court

Bellow please find a summary of my filing details. Hope it is helpful for people from Bay area, CA.

1. Filing (fee $350); A judge was assigned at the spot, as well as a schedule regarding the initial case management conference/statement. The initial case management conference was scheduled ~60 days from the filing date.
(1) Civic cover sheet (can be obtained from Clerk’s office or downloaded from the court’s website)
I a. Your name; then names of defendants
II. Basis of jurisdiction (check 2. U.S. Government)
III. Citizenship of principal parties (Blank)
IV. Origin (check Original proceeding)
V. Nature of suit (check 890 Other Statutory Actions)
VI. Cause of action (8.U.S.C. 1447(b); The defendants have not adjudicated the plaintiff’s application as required by law
VII. Requested in complaint (Blank)
VIII. Related cases(s) (Blank)
IX. Division assignment (San Francisco/Oakland, or San Jose)

(2) Summon: One summon listing ALL defendants
Your name VS Mr. Michael Chertoff, Secretary of the Department of Homeland Security; et al

To: See attached (Used a separate piece of paper to list the names and addresses of defendants and stapled together with the summon; Was instructed to do so by the Clerk’s office)

Defendants: (1) Micheal Chertoff (2) Emilio Gonzalez (3) David Still (local CIS director) (4) Robert Mueller III (5) Kevin Ryan (local US Attorney)

Notes: Was instructed by the Clerk’s office to add local US Attorney as a defendant

(3) Your complaint/petition

2. Serving the defendants: via Certified mails with return receipt
Send each defendant a set of documents, which include:
(1) Summon (2) Complaint (3) Order Setting Initial Case Management Conference and ADR Deadlines (4) ADR Dispute Resolution Procedures (5) Instructions for completion of ADR forms regarding selection of an ADR process (6) Notice of availability of magistrate judge to exercise jurisdiction
---Documents 3-6 were given by the Clerk's office, I just made enough copies.
Also send a set to Alberto Gonzales (I did not list him as a defendant though, pro se handbook says we SHOULD notify him, because he is the boss of these defendants)

3. Filing the PROOF OF SERVICE
I got the return receipt from local US Att. Office the 3rd day after mailing the defendants. So I filed it first to start the clock. Three weeks later I filed the rest (I had not received the return receipts from FBI and DHS at that time. I used the certified mail receipts and printouts of emails from USPS instead). I never receive the receipt from FBI, but it is no longer needed. I called the court to confirm all these documents have been received and filed ~ a month from the filing date.

4. Contacting the local US Att. Office
About three weeks from filing, I received a notice from USCIS for 2nd FP, which I had it done the next day. I called FBI several days later to confirm the result had ben sent back to USCIS, then called the US Att. who is handling my case about it. She was nice and pleasant to work with. She said an expedition request has been sent on my behalf, and would notify me results as soon as she can. Since the initial case management conference is approaching, I called her again in the 4th week, talking about the joint statement we should file together 10 days before the conference. She said she will draft the documents if needed, but hope we would not have to go that far. I called her yesterday (the 5th week after filing), and was told no news about the name check yet. The surprise came in this afternoon: She called me that my name check was done and she will fax me a stipulation for dismissal, before USCIS can send me the oath letter. I am studying the advices from other members on this forum right now, for writing a precise response to the stipulation :D

Words to those who are still debating/thinking about a lawsuit: Don't waste your time waiting; You will have no problem filing pro se, instead of wasting money on lawyers.

To depressmom: My parents were very concerned when I told them I am going to file a lawsuit against those government agencies. I am originally from a country that is still under the control of a corrupted and dictating government. In fact I was a little scared too. But the laws say everything so clearly, plus I never even had a traffic ticket.... I went ahead anyway.

Words to friends who have filed and are waiting: Good news will come soon. Don't panic. Occassionally I had panics, whenever I saw others filing/serving in slightly different ways due to variations of local rules. I was afraid I did not do this and/or that right....then I just told myself: Come on, you are doing it pro se; Everything will be fine.

I know my journey is not finished yet, until I receive the oath letter. But I want to say a big THANK YOU to Publicus, Suzy, RealSuperK, ScreamingEagle, mohamedx2, Finale, horiba, qim....all the friends here, for helpful suggestions and encouragement. Good luck to all of you.
 
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Publicus said:
CIS is hurting. Lawsuits are piling up and for the first time in their lives, the Immigration Officers have to do their jobs with expediency instead of wasting time talking about BS and eating burgers.

Take it suckers... :D
Click to expand...

I was wondering yesterday what's the score since January when you left:

USCIS vs. Us, the people....maybe 0-50, or worse 0-100
 
Citing past cases

buggin said:
You cannot cite "dismissed" cases in your lawsuit. The reason for that is that there was no court ruling or judge's order on these dismissed cases. Therefore, they are not considered to be a legal authority.

Usually, the rules allow you to cite only published cases. If the case you cite is unpublished/depublished/or was overruled by a later case, you can get in trouble for citing such cases.

Stick to those cases that are good and recognized authority, such as Hovsepian.
Click to expand...

I did not cite any cases in my petition. I tried to make it as simple as possible. I thought the USCIS/FBI/US Att would sure know what I am talking about. I did collect cases posted here, in the worst case I would have to go to court. As you may have seen, nobody had ever gone that far and had the chance to see a real judge in court, not in movies.
 
1447b

buggin said:
Syt, it looks like you got it covered. Good luck and let us know how it will go.
Click to expand...
Hey Buggin

Looks like we'll be filing 1447b around the same time. I called around different attorneys, a particular one told me she had been to a hearing for a client who has been waiting for a year! And she said the Judge was siding with the GOVT...on the pending backgrounds!!! I am in MEUSDC.

A gentleman I talked to at the DC told me he aint seen too many of the 1447b complaints...but am waiting. If they aint sent me anything for almost 90 days now..., I am not counting on the remaining 30 days.. :rolleyes: How many allegations have you put in your complaints...I'd like to compare notes...I think I have 6 pages myself.
 
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sfaizullah said:
Congratulations karenina_a and amo585!!! All these cases are so inspiring. I wish USCIS were readying them!!!

Best Regards
Click to expand...

Thanks sfaizullah, and good luck for all :p :p :cool:
 
amo585 said:
Victory​
Another victory … I endorse it to Publicus, Suzy, Mohammed2x and all.

Filed my 1447b on 03/27/06
Sammons served and received by the local AUSA office on 04/03/06.
Just this week I called AUSA and left a message with my name and case# that I want to talk to the Attorney assigned to handle my case.
A day later called again and remind them their answer due date is 06/03/06.
Yesterday (05/31/06) a lady left me a message that they couldn’t locate my case, so they need the names of the Defendants. I called and left a message with the needed info.

Today at 1:05 PM a lady called me and introduce herself as the attorney assigned for my case, and said “ Congratulation on you naturalization and…”
I said, :eek: :eek: “Wait …wait…wait…what are saying?? That was never happened. No body contacted me or…
She said, “ Calm down Sir, there is a note in front of me saying that you supposed to have been taken your oath yesterday. I said, never happened and I’m smelling something fishy here and….” :eek: :confused: :eek: :confused: She said, Okay, well then…let me call the officer and I will call you back.
The shorter notice in history( I think)
At 1:45 pm an officer called me, introduced himself and said there was a mistake and a misunderstanding and if I could make it he will be more than willing to give private oath :D :D :D
Because there was no ceremony today, but he preferred if I can wait till tomorrow.

I said “No, Sir I’m not going to wait for tomorrow, I have waited so long. And after what you have called misunderstanding, I do prefer to do it today. I’m about half an hour from your office.” He said, Okay Sir, I will but your name at the reception and come to me directly.
I was at the office at 2:30 and to make it short. He said to me “I’m very impressed with the action you have taken, that you get to the federal court. You are the kind of citizen we need in this country and…… He added, “ I never pretended that we are doing the best job in the world but…anyhow I’m proud of you.
At that moment every body and every name here came into my mind and tear dropped out of my eye. And I said then you should be proud of publicus, Suzy, Mohamed and the others. He thought that I went out of my mind and said, what are you talking about, who are they? I said MY FRIENDS.

At 3:30 I took the oath …I’m a US citizen….
Click to expand...


Great story!

Although the USCIS STILL managed to screw up your oath paperwork. Some people never learn... but it sounds like that might have turn out for better :)

Congrats!

K
 
Suzy977 said:
This is the best story ever!

We had so many great stories here but reading this post today brought me a lot of joy.

Great, fantastic journey, CONGRATULATION :)

P.S. I was tired of flat stories (like SuperK's one :p ) or "heroic" stories (like Sargent's Bilko a.k.a. Publicus one :p ) or horror stories where members are killing their cats (like tsa's one :p ) :
...not to mention my pathetic one, when the s.o.b.'s from FBI ruined all my plans to sue them and USCIS by clearing my name 3 days before the scheduled filing day
Click to expand...

Aha, now I get it! THAT is why you wanted me to go after that lawyer who sent me an email. To spice up my story! :D On the other hand, I haven't had my oath yet. I might be coming back with some story that is a crossover between Superman, Terminator and When Harry Met Sally! :D

K

P.S. By the way, big THANKS for letting me plagerize your 1447b petition back in March. You also made me promise to kick their ass. And I hate to break my promises.... :D
 
karenina_a said:
I want to share my happy news with everyone: on May 22 I was given a Citizen Certificate after a year of waiting.
We applied for citizenship - April 2004
Interview for me and my spouse - June 13&14
For him interview and oath ceremony - same day
For me - the ansver was "FBI name check not done yet"
I filed a lawsuit on April 15
May 22,2006 - Oath Ceremony!
Good luck to all,who are at the beginning of the same path!
Click to expand...

My, my, how efficient the USCIS & FBI become all the sudden - from lawsuit to the oath in just over a month :)

Congrats!
 
Suzy977 said:
I was wondering yesterday what's the score since January when you left:

USCIS vs. Us, the people....maybe 0-50, or worse 0-100
Click to expand...

I bet it's worse than that by now. I think just in this thread we got 20-30...

K
 
1447 is not that quick in Maryland

I envy all those success stories of 1447(b) majority of which apparently come from CA.

In Maryland it is not that rosy. I filed in early March. The response was due in mid-May. One week before that deadline I have received a letter to go and get re-fingerprinted which I did the next business day. (The letter by the way was signed in ink by the district office director Richard Caterisano himself).

I thought that I was going to get an oath letter in the time span of a week. Not so quick. Just one day before the deadline I received a call from the AUSA assistant (Kristine Sendek-Smith) who informed me that: (a) USCIS has just now requested an expedited name check, (b) she's filing a motion for a 2-month extension. I said that I could consent to a one-month extension.

The judge sided with government and sent me an order that the extension is 2 months until mid-July.

It had been two weeks since all that happenned. My understanding was that an EXPEDITED name check should take no more than 2-3 business days. A couple days ago I called the AUSA assistant and tried to sway her to call USCIS to find out whether my name check is complete. She absolutely refused to do anything beyond of what she already done.

I have this strong feeling that now since they all got time until mid-July to respond, they will do absolutely nothing until the last week of that term.

It is interesting to note that the AUSA assistant in conversation with me several times said: "You know, it is government." She sounded like she meant to say "the government is a synonym of huge delays, lazy work, ineffectiveness, etc. If anything can be postpone until tomorrow, it will be." Isn't that ironic?

Well, anyway, I wish I lived in CA.
 
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Ralphy said:
I envy all those success stories of 1447(b) majority of which apparently come from CA.

In Maryland it is not that rosy. I filed in mid-March. The response was due in mid-May. One week before that deadline I have received a letter to go and get re-fingerprinted which I did the next business day. (The letter by the way was signed in ink by the district office director Richard Caterisano himself).

I thought that I was going to get an oath letter in the time span of a week. Not so quick. Just one day before the deadline I received a call from the AUSA assistant (Kristine Sendek-Smith) who informed me that: (a) USCIS has just now requested an expedited name check, (b) she's filing a motion for a 2-month extension. I said that I could consent to a one-month extension.

The judge sided with government and sent me a order that the extension is 2 months until mid-July.

It had been two weeks since all that happenned. My understanding was that an EXPEDITED name check should take no more than 2-3 business days. A couple days ago I called the AUSA assistant and tried to sway her to call USCIS to find out whether my name check is complete. She absolutely refused to do anything beyond of what she already done.

I have this strong feeling that now since they all got time until mid-July to respond, they will do absolutely nothing until the last week of that term.

It is interesting to note that the AUSA assistant in conversation with me several times said: "You know, it is government." She sounded like she meant to say "the government is a synonym of huge delays, lazy work, ineffectiveness, etc. If anything can be postpone until tomorrow, it will be." Isn't that ironic?

Well, anyway, I wish I lived in CA.
Click to expand...

Sad...
Anybody filed 1447b from Newark NJ District court? If yes, what was the experience?
 
Congratulations to everyone who got what they want! Wow, it's a music to my ears!

In the light of some posts I realized my mistake. Several days ago I decided that summon = my WOM complaint + case number. So, after I received my case # by mail, I made copies of all I have (my stamped complaint + first page with case #) and mailed it to defendants. WITHOUT downloading and filling out a summon form or civil cover sheet. NOW I did find these forms on the court webpage.

NOW, that I am to do? Are they (defendants + distr. attorney) smart enough to understand it is a lawsuit against them without summon page? I looked through it - summon does not contain additional info about the case.

OR

Should I make summons and re-send it to everyone? In this case, should I send summon only, or everything again?

DA already received my complaint, I hoped 60-day count started yesterday... Is it? Or it will start only when they receive summon? :cool:

Thanks !
 
khalafah2000 said:
Sad...
Anybody filed 1447b from Newark NJ District court? If yes, what was the experience?
Click to expand...


I did (05/05/06 filing date... received summons on 05/12/06 with case number (It also include the initials of the assigned judge). Sent them to all defendants along with District Attorney via certified return receipt requested. Receive return receipt from District Attorney and Local USCIS DO director after a few days (both stamped with 05/15/06) and also from Attorney General. I submitted return of service (sent all original whatever I had and print out from usps.com for others) to the court and also sent an exact copy to District Attorney. I did receive return receipt from both which are dated 05/26/06. I am still waiting for the rest of the story to unfold....

IT1GM filed in Trenton and had a cheerful story.

Hope this helps.


Best Regards
 
Stipulation for dismissal: Does this sound good enough?

Hi guys, I need you help again.

Here is what I got from the DA's office:

Plaintiff, appearing pro se, and Defendants, by and through their attorney of record, hereby stipulate, subject to the approval of the court, to dismissal of the above-entitled action without prejudice in light of the fact that the United States Citizenship and Immigration Services is now prepared to adjudicate plaintiff's application for naturalization and agree to adjudicate such application within 30 days of the dismissal of this action.

Each of the parties shall bear their own costs and fees :rolleyes:

---------------------------------------------------------

Does it sound good enough? qim, horiba, SyedNaqvi, What did you do? I filed in Northern CA district.

Many thanks!
 
sfaizullah said:
I did (05/05/06 filing date... received summons on 05/12/06 with case number (It also include the initials of the assigned judge). Sent them to all defendants along with District Attorney via certified return receipt requested. Receive return receipt from District Attorney and Local USCIS DO director after a few days (both stamped with 05/15/06) and also from Attorney General. I submitted return of service (sent all original whatever I had and print out from usps.com for others) to the court and also sent an exact copy to District Attorney. I did receive return receipt from both which are dated 05/26/06. I am still waiting for the rest of the story to unfold....

IT1GM filed in Trenton and had a cheerful story.

Hope this helps.

Best Regards
Click to expand...

I am preparing right now my 1447b. Actually it is still 3 months away, but i want to complete all the material asap; really can't take it out of my head.
So far requested Newark court to send Pro Se package and am preparing the suit on Word document.
If possible, i would like to show it to you once I am done in few days to avoid any silly mistake. Okay to send it to you via email for review? My personal email is naveed9876@hotmail.com, if you could send yours, that would be great. To be honest, this name check is emotionlly draining my energies and want to get over it asap.

Best Regards
 
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