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

Thanks for the feedback and suggestions. I will keep that in mind.
wommei said:
Jefkorn,

I would wait 3 weeks away from the deadline and call the AUSA. You could tell her that you understand that the AUSA has multiple cases to handle and don't want to increase her workload. However, it has been real difficult for you and your family because the USCIS doesn't do their job properly. You can tell her that you could dismiss this case if the AUSA can push the USCIS to adjudicate your cases timely.
If the AUSA ask for extension, I would give 30 day extension. After that, I won't agree with any extension if your applications aren't adjudicated. If you are very anxious, then negoniate the time to 2 weeks and oppose it after the first extension.
I would say you should be polite and firm on your standing to AUSA.
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Hi Folks,

Is it a good idea to include responses to arguments raised in MTD by AUSA in the previous cases in my complaint or should I wait for AUSA to file MTD then respond to it. AUSA has been using common grounds for MTD in the past for WOM cases. Just wondering if AUSA's grounds for MTD are shot down in the complaint itself then AUSA will not file the MTD wasting their and my time and money.

What would be the good strategy to get faster action from USCIS/FBI?

Thanks
 
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Baltimore District Director?

Does anyone know who is the current District Director for Baltimore? I couldn't really find the info on the CIS website.

Thanks.
 
From lazycis's post, not sure if he is still the Baltimore District Director:

Baltimore District
Fallon Federal Bldg.
31 Hopkins Plz.
Baltimore, MD 21201
District Director: Richard Caterisano

imhrb said:
Does anyone know who is the current District Director for Baltimore? I couldn't really find the info on the CIS website.

Thanks.
Click to expand...
 
Based on my limited knowledge, I have a feeling that different AUSAs within the same district may handle similar cases differently. You can logon to your district court's ECF/PACER system and search (this is going to cost you 8 cents and up, depending on the number of pages returned) by AUSA's name by selecting Attorney instead of part in the drop down. This will give you all the cases that AUSA is handling. Among them, you need to look at the ones where Chertoff is Defendant. This is most likely AOS WOM or Natz. case. After you get the case numbers and Plaintiff's names, search by entering the name last name of the Plaintiff in the Party Name at justia and selecting your district court from the Cases Filed In: drop down. Select "All Lawsuit Types" in the Lawsuit Type, Select "All Case Filings" in the Show: section. This will give you help you separate AOS WOMs from Natz, once you find one that was filed little over two months ago(60 days deadline). Now you can go back to ECF login and look at the MTD or other pleadings filed by AUSA.
Most probably the MTD filed by AUSA is going to be similar and you can prepare your opposition well in advance. Of course, if and when AUSA files actual MTD in your case, you will have to tailor your opposition accordingly but the main points of MTD are pretty much standard all across the country.

Complaint can't take place of Opposition to MTD but can certainly include a general rebuttal of the eventual MTD by AUSA.

Read following info from US Attorney's Manual [courtesy of lazycis] for more info on how AUSA and Govt. work together in Civil cases brought against Govt. agencies:

4-1.430 - Responsibilities of Client Agencies—Litigation Reports
4-1.440 - Responsibilities of Client Agencies—Pleadings and Interrogatories

mka said:
Hi Folks,

Is it a good idea to include responses to arguments raised in MTD by AUSA in the previous cases in my complaint or should I wait for AUSA to file MTD then respond to it. AUSA has been using common grounds for MTD in the past for WOM cases. Just wondering if AUSA's grounds for MTD are shot down in the complaint itself then AUSA will not file the MTD wasting their and my time and money.

What would be the good strategy to get faster action from USCIS/FBI?

Thanks
Click to expand...
 
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Looks good to me!!

mka said:
Thoughtful & LazyCIS,

How does this point looks like:

Defendants have unreasonably and intentionally delayed their actions under 8 U.S.C. 1446(b) upon plaintiff’s stalled N-400 application to avoid actions under 8 U.S.C. § 1447(b). Such an action shows a policy of ignoring or attempting to thwart Congress' intent. (EXIBIT ##memo uploaded by thoughtful)
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lazycis,

I will have the initial case management conference this Friday. The judge said in his previous order that the parties shall be prepared to address proceeding under the provisions set forth in the Northern District General Order, No. 61. What exactly should I do/say though? I have filed MSJ(and requested no hearing subsequently on 7/9) but the court hasn't made any ruling yet.

Note, I spoke with AUSA's assistant on 7/9 and was told that my NC had been cleared, they also told me that the field office would send me the IL in a couple of weeks but I haven't received the letter as of today.
 
meteor8 said:
lazycis,

I will have the initial case management conference this Friday. The judge said in his previous order that the parties shall be prepared to address proceeding under the provisions set forth in the Northern District General Order, No. 61. What exactly should I do/say though? I have filed MSJ(and requested no hearing subsequently on 7/9) but the court hasn't made any ruling yet.

Note, I spoke with AUSA's assistant on 7/9 and was told that my NC had been cleared, they also told me that the field office would send me the IL in a couple of weeks but I haven't received the letter as of today.
Click to expand...

I think you are in a good shape. GO 61 was issued to speed up resolution of the cases and to reduce burden on the court (to skip MTD phase). Defendants should file cross-MSJ.
 
lazycis said:
I think you are in a good shape. GO 61 was issued to speed up resolution of the cases and to reduce burden on the court (to skip MTD phase). Defendants should file cross-MSJ.
Click to expand...

If they tell the court that my NC has been cleared, will the court wait for their further action(IL) before making a ruling(or dismiss the case)? Can I still ask the court to compel the defendants(specifically USCIS) to expedite the interview and adjudication(they can argue that USCIS didn't delay my application but the FBI)?
 
Thanks Jefkorn for such a detailed reply. I sense from your reply that it may be a good idea to file basic complaint first and wait for AUSA and judge to be assigned then focus response and/or MSJ based on AUSA and judge assigned.

Thanks

jefkorn said:
Based on my limited knowledge, I have a feeling that different AUSAs within the same district may handle similar cases differently. You can logon to your district court's ECF/PACER system and search (this is going to cost you 8 cents and up, depending on the number of pages returned) by AUSA's name by selecting Attorney instead of part in the drop down. This will give you all the cases that AUSA is handling. Among them, you need to look at the ones where Chertoff is Defendant. This is most likely AOS WOM or Natz. case. After you get the case numbers and Plaintiff's names, search by entering the name last name of the Plaintiff in the Party Name at justia and selecting your district court from the Cases Filed In: drop down. Select "All Lawsuit Types" in the Lawsuit Type, Select "All Case Filings" in the Show: section. This will give you help you separate AOS WOMs from Natz, once you find one that was filed little over two months ago(60 days deadline). Now you can go back to ECF login and look at the MTD or other pleadings filed by AUSA.
Most probably the MTD filed by AUSA is going to be similar and you can prepare your opposition well in advance. Of course, if and when AUSA files actual MTD in your case, you will have to tailor your opposition accordingly but the main points of MTD are pretty much standard all across the country.

Complaint can't take place of Opposition to MTD but can certainly include a general rebuttal of the eventual MTD by AUSA.

Read following info from US Attorney's Manual [courtesy of lazycis] for more info on how AUSA and Govt. work together in Civil cases brought against Govt. agencies:

4-1.430 - Responsibilities of Client Agencies—Litigation Reports
4-1.440 - Responsibilities of Client Agencies—Pleadings and Interrogatories
Click to expand...
 
meteor8 said:
If they tell the court that my NC has been cleared, will the court wait for their further action(IL) before making a ruling(or dismiss the case)? Can I still ask the court to compel the defendants(specifically USCIS) to expedite the interview and adjudication(they can argue that USCIS didn't delay my application but the FBI)?
Click to expand...

Surely you can ask for expedited processing and for an expedited oath as well if court finds that the USCIS unreasonably delayed processing of your application.
 
mka said:
Thanks Jefkorn for such a detailed reply. I sense from your reply that it may be a good idea to file basic complaint first and wait for AUSA and judge to be assigned then focus response and/or MSJ based on AUSA and judge assigned.

Thanks
Click to expand...

That's a good plan. There is no need to cite a lot of cases in the complaint and expose your weapons to AUSA.
 
"Criminal background check" = fingerprint check, another confirmation

While working on yet another opposition to MTD, I found this useful info:

PUBLIC LAW 105-251, National Crime Prevention and Privacy Compact Act of 1999 (OCT. 09, 1998), codified also in 42 U.S.C. 14611-16, establishes that

1) all requests for background checks should go thru FBI (thus establishing mandatory duty for FBI to process these requests):

Sec 217, Article V of Public Law 105-251:
(c) Submission of Federal requests
Each request for criminal history record checks utilizing the national indices made under Federal authority shall be submitted through the FBI or, if the State criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the State in which such request originated. Direct access to the National Identification Index by entities other than the FBI and State criminal history records repositories shall not be permitted for noncriminal justice purposes.

2) Criminal history checks have to be fingerprint-based (the use of other biometric identification techniques is OK if such techniques are at least as reliable as fingerprints in establishing positive identification)

Sec. 217, Article V of Public Law 105-251:
(a) Positive Identification. --Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.
 
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lazycis said:
Surely you can ask for expedited processing and for an expedited oath as well if court finds that the USCIS unreasonably delayed processing of your application.
Click to expand...

I bet AUSA will say that the delay was caused by extensive FBI background check, and since NC has been cleared, I cannot request USCIS to expedite my application. Well, I know all depend on the judge :)

anyway, I will ask for expedited processing and oath during the case management conference.

Thanks a lot for your help! I will post my experience after the hearing.
 
For mka

I second that. I would add that if you are feeling bored you could start working on your Opposition to MTD and will have a leg up when time comes to file it. Just look at few MTDs from the forum or name check wikibook and get comfortable with the arguments.
You may find Note prepared by second year law student at Fordham University School of Law, Lauren Sasser, posted here: "Waiting in Immigration Limbo: The Federal Court Split over Suits to Compel Action of Stalled Adjustment of Status Applications, 76 Fordham L. Rev. 2511 (2008)" useful in learning about legal arguments on most common issues raised in MTDs.
lazycis said:
That's a good plan. There is no need to cite a lot of cases in the complaint and expose your weapons to AUSA.
Click to expand...
 
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Gurus,

I have a question about jurisdiction of the court site in which complaint need to be filed.
for example, I work in the south bay and reside in the north bay. My home falls in jurisdiction of the san francisco court site but work falls in jurisdiction of the san jose court site. My N-400 application was filed based on home address in the SFO USCIS office. Can I file my complaint in san jose court site, or do i have to file it in san francisco court site? Both fall under the same district.
If I file complaint in san jose, i don't have to take off from my work to go to the court.

Thanks
 
Hello guys,

My I-485 has been stuck since Dec 06. My I-130 was filed in Sept 06. All I hear from them is that my case is under administrative review. I am not sure what that is. My NC is cleared as I have been told several times from several officers. Do you think it is time for me to file a WOM or should I wait more? I just celebrated my second anniversary of my marriage. I am sick and tired to waiting on USCIS to do something. I had my interview in Feb 07.

1st they send me a letter saying that my I-130 has been transferred to an address where there is no USCiS office. 2nd they send me a reply to a service request that an RFE was issued to which I didn't respond. I took that letter to Santa Ana office and they told me that there is no RFE and this letter is issued in error. I think there are too many errors taking place in my case.

Any advice would be helpful.
 
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