You can put your address if you want to.
Make copies and sign afterwards, but it should not make any difference if you do it the other way. Just make sure you file signed version with the court
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
You can put your address if you want to.
Make copies and sign afterwards, but it should not make any difference if you do it the other way. Just make sure you file signed version with the court
Hi, Lazycis
I am going to file a motion to cancel my MSJ hearing and request the court to make a decision on my MSJ without an oral argument. The following is a draft. Could you take a look and let me know if it is ok?
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Plaintiff Joe Doe filed a Motion for Summary Judgment on June 9, 2008 with a hearing date on August 15, 2008.. In light of the recent Northern District General Order, No. 61, also according to Local Rule 7-1b, Plaintiff hereby respectfully petition this Honorable court to cancel the hearing set for August 15, 2008 and make a decision on Plaintiff’s Motion for Summary Judgment submitted on June 9, 2008 without an oracle argument.
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Thanks a lot!
I am going to file a motion to cancel my MSJ hearing and request the court to make a decision on my MSJ without an oral argument. The following is a draft. Could you take a look and let me know if it is ok?
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Plaintiff Joe Doe filed a Motion for Summary Judgment on June 9, 2008 with a hearing date on August 15, 2008.. In light of the recent Northern District General Order, No. 61, also according to Local Rule 7-1b, Plaintiff hereby respectfully petition this Honorable court to cancel the hearing set for August 15, 2008 and make a decision on Plaintiff’s Motion for Summary Judgment submitted on June 9, 2008 without an oracle argument.
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Thanks a lot!
In addition to correcting the above, I would add that Plaintiff meteor filed a petition for writ of mandamus alleging that the USCIS unreasonably delayed action on his application for naturalization on xx/xx/xxxx. The court issed order to show case on xx/xx/xxxx. The defendants filed a response on xx/xx/xxxx.
thanks for the quick response. Below is a revised draft based on your suggestion. Is it good to file now?
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Plaintiff Joe Doe filed a petition for writ of mandamus alleging that the USCIS unreasonably delayed action on his application for Naturalization on April 1, 2008. The court issued an Order to Show Cause on April 10, 2008. The Defendants filed a response on May 16, 2008. Plaintiff subsequently filed a reply to Defendants’ response on May 29, 2008.
On June 9, 2008, Plaintiff filed a Motion for Summary Judgment with a hearing date set for August 15, 2008. In light of the recent Northern District General Order, No. 61, also according to Local Rule 7-1b, Plaintiff hereby respectfully petition this Honorable court to vacate the hearing set for August 15, 2008 and make a decision on Plaintiff’s Motion for Summary Judgment submitted on June 9, 2008 without an oral argument.
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BTW, you recommended me to get consent from AUSA first. But she won't be back until 7/9. Should I wait for a couple more days and check with AUSA again?
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I got on this thread finally
Hey, lazycis and others,
I just found a way to circumvent the problem. I need to log in at www.immigrationportal.com first and then I could get on this thread. If I try to get on this thread without login, it shows some error information. I am glad that I figured this out. When there is a will, there is a way. The same goes with those who are determined to file wom suits and get the freedom they deserved.
Hey, lazycis and others,
I just found a way to circumvent the problem. I need to log in at www.immigrationportal.com first and then I could get on this thread. If I try to get on this thread without login, it shows some error information. I am glad that I figured this out.
When there is a will, there is a way. The same goes with those who are determined to file wom suits and get the freedom they deserved.Jefkorn,
At my district, there is no restriction on the original complaint. The 15 page restriction only apply to MSJ or Oppo to MTD. But you could check with the clerk's office if you want to be 100% sure. My MSJ is 23 pages long and didn't file leave to the court either. But the court didn't stricken my MSJ, lucky me. I think usually the court and its personel are pretty linient to the Pro Se litigants.
At my district, there is no restriction on the original complaint. The 15 page restriction only apply to MSJ or Oppo to MTD. But you could check with the clerk's office if you want to be 100% sure. My MSJ is 23 pages long and didn't file leave to the court either. But the court didn't stricken my MSJ, lucky me. I think usually the court and its personel are pretty linient to the Pro Se litigants.
Update: Filed WOM for AOS.
Question: The court will accept the online copy of delivery. The proof of service should include the online delivery from USPS or I can just mention that I sent the summons by certified mail with receipt/tracking # and don't have to wait for delivery of summons?
I hand delivered the summons+(complaint+exhibits+motion to efile) to the local US Attorney's office and they were stamped as received. So I guess 60 day clock start from today, answer due by Sep. 6, 2008? I haven't sent the summons yet to the named defendants (USCIS, DHS, AG).
I'm going to file tomorrow and clerk sounded pretty cooperative. He said I didn't even need to bring in filled-up summons rather he will prepare them for me. I am taking them with me anyway. Thanks you all (you know who you are) for getting me to this point, wish me luck folks and let the justice prevail!!!
Question: The court will accept the online copy of delivery. The proof of service should include the online delivery from USPS or I can just mention that I sent the summons by certified mail with receipt/tracking # and don't have to wait for delivery of summons?
I hand delivered the summons+(complaint+exhibits+motion to efile) to the local US Attorney's office and they were stamped as received. So I guess 60 day clock start from today, answer due by Sep. 6, 2008? I haven't sent the summons yet to the named defendants (USCIS, DHS, AG).
I'm going to file tomorrow and clerk sounded pretty cooperative. He said I didn't even need to bring in filled-up summons rather he will prepare them for me. I am taking them with me anyway. Thanks you all (you know who you are) for getting me to this point, wish me luck folks and let the justice prevail!!!
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waitforsolong
Registered Users (C)
update my status
To update everyone my situation:
I got stipulation to dismiss our 1447(b) on June 25 after AUSA checked with my local USCIS, and found they would agree to adjudicate within 30 days.
I signed paper on June 25. One week later, I got email from AUSA saying that my application is approved.
Last weekend, I got a mail from USCIS saying the same thing.
Thank you, lazycis and other friends here for the all the advice!!
Now I am eagerly waiting for the oath letter. AUSA said that it takes up to 2 months to get oath letter. I guess our 1447(b) lawsuit won't help for scheduling the oath ceremony.
Do any of you know any other ways to get oath ceremony scheduled as soon as possible?
Thanks again!!
To update everyone my situation:
I got stipulation to dismiss our 1447(b) on June 25 after AUSA checked with my local USCIS, and found they would agree to adjudicate within 30 days.
I signed paper on June 25. One week later, I got email from AUSA saying that my application is approved.
Last weekend, I got a mail from USCIS saying the same thing.
Thank you, lazycis and other friends here for the all the advice!!
Now I am eagerly waiting for the oath letter. AUSA said that it takes up to 2 months to get oath letter. I guess our 1447(b) lawsuit won't help for scheduling the oath ceremony.
Do any of you know any other ways to get oath ceremony scheduled as soon as possible?
Thanks again!!
8 USC 1447(b)
Lazycis and Others,
In my civil suit (1447b), can I include an exhibit showing the expense report (like Attorney fees, Postages, Trips to Info passes, etc) in order to show court to order USCIS for that much amount under EAJA (5 USC 504) rule.
Also, in the main complaint’s section “Exhaustion of Remedies”, should I mention “This action challenges only the Defendants’ timeliness in adjudication of this Naturalization Petition” OR “This action challenges the Defendants’ timeliness in approval of this Naturalization Petition and getting him Oath of Allegiance”. Please advice…
Case Details:
N-400
1- Receipt Date: Oct 10, 2006
2- First Fingerprinting: Oct 25, 2006
3- Got a letter from FBI that namecheck was cleared on Nov, 2007
4- Got second fingerprinting on Feb, 2008
5- Got the IV in 1 May, 2008 and was told that the decision cannot be made without supervisor’s approval
6- Got info from congressional office that the case is in Administrative Review.
Lazycis and Others,
In my civil suit (1447b), can I include an exhibit showing the expense report (like Attorney fees, Postages, Trips to Info passes, etc) in order to show court to order USCIS for that much amount under EAJA (5 USC 504) rule.
Also, in the main complaint’s section “Exhaustion of Remedies”, should I mention “This action challenges only the Defendants’ timeliness in adjudication of this Naturalization Petition” OR “This action challenges the Defendants’ timeliness in approval of this Naturalization Petition and getting him Oath of Allegiance”. Please advice…
Case Details:
N-400
1- Receipt Date: Oct 10, 2006
2- First Fingerprinting: Oct 25, 2006
3- Got a letter from FBI that namecheck was cleared on Nov, 2007
4- Got second fingerprinting on Feb, 2008
5- Got the IV in 1 May, 2008 and was told that the decision cannot be made without supervisor’s approval
6- Got info from congressional office that the case is in Administrative Review.
You can include exibit with your expenses, I think it's a good idea.
1447(b) does not require “Exhaustion of Remedies”. I would challenge timeliness in adjudication and ask court to schedule a hearing and to make a determination on your naturalization application.
Hi Waitforsolong,
Congratulation for the OL and I just sent you a PM so could you plz. reply. Thanks,
OK-Boy
Congratulation for the OL and I just sent you a PM so could you plz. reply. Thanks,
OK-Boy
Filed WOM and some questions!!
Update: Filed WOM for AOS.
Question: The court will accept the online copy of delivery. The proof of service should include the online delivery from USPS or I can just mention that I sent the summons by certified mail with receipt/tracking # and don't have to wait for delivery of summons?
I hand delivered the summons+(complaint+exhibits+motion to efile) to the local US Attorney's office and they were stamped as received. So I guess 60 day clock start from today, answer due by Sep. 6, 2008? I haven't sent the summons yet to the named defendants (USCIS, DHS, AG).
Question: Although the clerk insisted that I should send the summons page and the blank Proof of Service page to Defendants, I think I only need to send the Summons page? In MA, the summons form consists of two pages/sides, one titled "Summons in Civil Action" and the other "Proof of Service". I do need to fill in the details of the service (certified mail receipt #, server name etc) in the Proof of Service page and file it back with the court with proof of delivery and copy of summons page. Please clarify.
Update: Filed WOM for AOS.
Question: The court will accept the online copy of delivery. The proof of service should include the online delivery from USPS or I can just mention that I sent the summons by certified mail with receipt/tracking # and don't have to wait for delivery of summons?
I hand delivered the summons+(complaint+exhibits+motion to efile) to the local US Attorney's office and they were stamped as received. So I guess 60 day clock start from today, answer due by Sep. 6, 2008? I haven't sent the summons yet to the named defendants (USCIS, DHS, AG).
Question: Although the clerk insisted that I should send the summons page and the blank Proof of Service page to Defendants, I think I only need to send the Summons page? In MA, the summons form consists of two pages/sides, one titled "Summons in Civil Action" and the other "Proof of Service". I do need to fill in the details of the service (certified mail receipt #, server name etc) in the Proof of Service page and file it back with the court with proof of delivery and copy of summons page. Please clarify.
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Congrats! Wishing you to get Nancy Gertner assigned to your case
You can send both summons pages to defendants, but make a copy of those pages for yourself and after you get a confirmation from USPS website, fill out the proof of service and file with the court. Definitely defendants are not going to send the second page back to you, but it does not really matter.
I was wishing that too but I got Stearns assigned, I'm just glad didn't get O'Toole
So send the second "Proof of Service" page as blank to Defendants?
Also are "Proof of Service" and "Certificate of Service" same thing?
So send the second "Proof of Service" page as blank to Defendants?
Also are "Proof of Service" and "Certificate of Service" same thing?
Congrats! Wishing you to get Nancy Gertner assigned to your case
You can send both summons pages to defendants, but make a copy of those pages for yourself and after you get a confirmation from USPS website, fill out the proof of service and file with the court. Definitely defendants are not going to send the second page back to you, but it does not really matter.
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Answering my own question. Yes, "Proof of Service" and "Certificate of Service" are same thing.
I was wishing that too but I got Stearns assigned, I'm just glad didn't get O'Toole
So send the second "Proof of Service" page as blank to Defendants?
Also are "Proof of Service" and "Certificate of Service" same thing?
I hate to break the bad news, but Stearns is not much better than O'Toole. He dismissed Vorontsova's suit (he said that more than 2-year delay was reasonable). Maybe he will think twice this time as the order is under appeal. You will need to rely on regulations and USICS policy change to make him change his mind. At least he admits that jurisdiction exists.
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Man!! I wish N. Gertner was assigned :-( Let see how it goes, I better start working on the Response to MTD. It's just the beginning who knows AUSA will settle it before it gets to stage where Stearns has to rule. I'm optimistic.
Good news is that Jurisdiction issue will be taken care of assuming of course the earlier position he took in Vorontsova so the issue then becomes the reasonableness of the delay.
Earlier NC was the scapegoat for inordinate delays now with NC policy change essentially 180 days should be de facto time for AOS adjudications now. It remains to be seen how courts are handling post NC memo cases with delays longer than 180 days and shorter than 2 years. In my Complaint, I'm bringing 180 days into focus and as the starting point for determination of unreasonable delay. Additionally, FBI NC was cited as the cause of not moving on adjudication and after the Feb. 04., 2008 NC memo, my I-485 has become ready for adjudication. I wish the court sees that and discovers the change in CIS's stance from NC pending to "whatever" pending. "whatever" is "extended review","additional review","internal security checks", you name it.
In Vorontsova, Stearns didn't declare delay of 21 months as unreasonable in the light of FBI's claim of processing millions of NCs.: "Given defendants’ representation that the FBI processed 3.4 million name checks in fiscal year 2006 alone, a twenty-one month delay in adjudicating Vorontsova’s application is not per se unreasonable."
May be my case will be Stearn's chance to come close to Gertner!!
So Vorontsova's case is still in appeal and CIS hasn't adjudicated her AOS yet even after 2+ years?
Good news is that Jurisdiction issue will be taken care of assuming of course the earlier position he took in Vorontsova so the issue then becomes the reasonableness of the delay.
Earlier NC was the scapegoat for inordinate delays now with NC policy change essentially 180 days should be de facto time for AOS adjudications now. It remains to be seen how courts are handling post NC memo cases with delays longer than 180 days and shorter than 2 years. In my Complaint, I'm bringing 180 days into focus and as the starting point for determination of unreasonable delay. Additionally, FBI NC was cited as the cause of not moving on adjudication and after the Feb. 04., 2008 NC memo, my I-485 has become ready for adjudication. I wish the court sees that and discovers the change in CIS's stance from NC pending to "whatever" pending. "whatever" is "extended review","additional review","internal security checks", you name it.
In Vorontsova, Stearns didn't declare delay of 21 months as unreasonable in the light of FBI's claim of processing millions of NCs.: "Given defendants’ representation that the FBI processed 3.4 million name checks in fiscal year 2006 alone, a twenty-one month delay in adjudicating Vorontsova’s application is not per se unreasonable."
May be my case will be Stearn's chance to come close to Gertner!!
So Vorontsova's case is still in appeal and CIS hasn't adjudicated her AOS yet even after 2+ years?
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That's disheartening!! I may study Vorontsova's case and see what are the actual circumstances and if there are any parallels that can be drawn. Not sure if she exhausted all remedies and documented them well. I think it could be a case of judge being soft on Govt. It really matters if the AUSA can make CIS move and that seems to vary from district to district.
In fact I'm thinking studying most cases ruled by Stearns. I have a feeling when AUSAs decide to fight a case they must look at who is the judge and tailor their responses accordingly. So let say if Stearns seems sympathetic to burden on Govt. and less so towards AOS cases, then AUSA may push those arguments.
If anyone has case files for WOM/Natz cases filed in MA esp. presided by Stearns an/or , Vorontsova Complaint/MTD/Response to MTD etc please upload, I'll appreciate it.
I really hope that US Attorney's office takes the bold step and get CIS to move on my AOS. It probably is too early to say but if push comes to shove, going the discovery route may be a better option to expose CIS's malfeasance and lazyness( lazycis, no pun intended ;-) )
Question: Given that an AUSA is going to represent Govt. Defendants, will I be filing directly with AUSA and not US attorney's office?
In fact I'm thinking studying most cases ruled by Stearns. I have a feeling when AUSAs decide to fight a case they must look at who is the judge and tailor their responses accordingly. So let say if Stearns seems sympathetic to burden on Govt. and less so towards AOS cases, then AUSA may push those arguments.
If anyone has case files for WOM/Natz cases filed in MA esp. presided by Stearns an/or , Vorontsova Complaint/MTD/Response to MTD etc please upload, I'll appreciate it.
I really hope that US Attorney's office takes the bold step and get CIS to move on my AOS. It probably is too early to say but if push comes to shove, going the discovery route may be a better option to expose CIS's malfeasance and lazyness( lazycis, no pun intended ;-) )
Question: Given that an AUSA is going to represent Govt. Defendants, will I be filing directly with AUSA and not US attorney's office?
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Civil Suit
Lazycis and Others,
Is there any number of pages’ restriction for the main complaint (1447b) as well the included Exhibits OR is it varies from District to District?
Also, how the 120 days’ time period count like if the IV was conducted on May 1 then the period would end on August 29 or September 1?
Please advice…
Lazycis and Others,
Is there any number of pages’ restriction for the main complaint (1447b) as well the included Exhibits OR is it varies from District to District?
Also, how the 120 days’ time period count like if the IV was conducted on May 1 then the period would end on August 29 or September 1?
Please advice…