What made you think that a miracle would happend in 2-3 months and that would resolve your case. I would file it soon after gathering all the papers and also make FBI a Defandant if you are not sure that your name check is cleared.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
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For Orange county the district court is Central District of California. I wouldn't wait any longer and start gathering documents and also working on the complaint. It takes time to get things in order. I scanned all paper correspondence and put them in Word file and then created a PDF out of it at the end. Also converted email correspondence to pdf. The reason I didn't want to make copies was because I didn't want to hand-write the "Appendix A" B, etc on the copies. At the end of the exercise, I had one Complaint PDF and one pdf containing Exhibits. If you don't want to go pro se (without a lawyer), there's a slam dunk choice in Central Cal. and I would highly recommend him. His forum is one of the best immigration forums, straight from the horse's mouth. See here for his rates.
James R. Gotcher SBN 71009 (CA)
jkg@gotcherlaw.com
The Gotcher Law Group
15300 Ventura Boulevard, Suite 507
Sherman Oaks, CA 91403
http://www.imminfo.com/index.html
For Cal., the close to two years wait is enough to go for WOM. I recently filed my WOM (not in CA) at the 21 month mark.
James R. Gotcher SBN 71009 (CA)
jkg@gotcherlaw.com
The Gotcher Law Group
15300 Ventura Boulevard, Suite 507
Sherman Oaks, CA 91403
http://www.imminfo.com/index.html
For Cal., the close to two years wait is enough to go for WOM. I recently filed my WOM (not in CA) at the 21 month mark.
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Email to lawyer, James R. Gotcher? You can mention jefkorn to him if you like, I'm a registerd user at his forum.Probably won't get you a discount 
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I've filed my N-400 in Sep 2006, and got fingerprinted in Oct 2006. Last year, I wrote letters to the California senators, the congressman, first lady, secretary of homeland security, secretary of justice, FBI director and a few others. I did not get any encouraging response (basically, the response was I have to wait for my name check). I filed a law suit in Feb 2008 through a good lawyer, but lost my case. The basic response of the judge was that "the plaintiff is impatient" !! I did get the second FP notice in March, and completed the FP in April. But, I verified recently through infopass that I'm still stuck in the name check.
I just don't trust the recent press release by USCIS that the name checks are to be cleared by the end of this year. Do you guys trust that press release?
I'm thinking to file a second lawsuit. Any recommendation? I truly appreciate it.
I just don't trust the recent press release by USCIS that the name checks are to be cleared by the end of this year. Do you guys trust that press release?
I'm thinking to file a second lawsuit. Any recommendation? I truly appreciate it.
Motion to efile granted
Quick update on my case:
I had filed my motion to efile (see attached) with my Complaint. After about 9 days of initial filing, called the Judge's docket clerk(as opposed to regular Pro Se Court Clerk) to see when could I expect a decision on motion to efile. She promised to put it in front of the judge and told me to expect a decision within a week. Five days later, judge granted(allowed) the motion and a days after that I received decision in regular mail. It's a single page essentially saying "motion for leave to use CM/ECF to file papers with the court granted'. It was electronically mailed to AUSA on record. The judge's docket clerk had told me earlier that I should start receiving email notifications via email once I'm set up with ECF.
So now I should be able to electronically file. Since I still have the issue with my PACER account not able to view my files so not sure if the procedure to create an ECF account is part of the order. I will call the court and find out.
It's much more convenient to efile. Future WOMers, do go for efiling. Will make your life a lot easer esp. if the trip to court means taking time off from work and you won't have to serve the Defendants manually because mostly AUSAs are setup to efile and will receive email notification of any pleadings/papers filed in your case.
Quick update on my case:
I had filed my motion to efile (see attached) with my Complaint. After about 9 days of initial filing, called the Judge's docket clerk(as opposed to regular Pro Se Court Clerk) to see when could I expect a decision on motion to efile. She promised to put it in front of the judge and told me to expect a decision within a week. Five days later, judge granted(allowed) the motion and a days after that I received decision in regular mail. It's a single page essentially saying "motion for leave to use CM/ECF to file papers with the court granted'. It was electronically mailed to AUSA on record. The judge's docket clerk had told me earlier that I should start receiving email notifications via email once I'm set up with ECF.
So now I should be able to electronically file. Since I still have the issue with my PACER account not able to view my files so not sure if the procedure to create an ECF account is part of the order. I will call the court and find out.
It's much more convenient to efile. Future WOMers, do go for efiling. Will make your life a lot easer esp. if the trip to court means taking time off from work and you won't have to serve the Defendants manually because mostly AUSAs are setup to efile and will receive email notification of any pleadings/papers filed in your case.
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Try to do it Pro Se this time and use the different district if you can in order to avoid that bloo*y judge; you can use the district in which either Defandants live or the one in which Plaintiff reside. Since you are very close to two years time frame so I believe this time you would get the result in your favor. Forgot about all those USCIS memos (all BS) so don't take them seriously. Goodluck!
yourfirstname
Registered Users (C)
I talked to an IO this morning, I told her that my application is out side of normal processing time then her response was that there is no time limit on N-400 applications, it can take indefinite time. I asked about the press release then she said name check processing is still going to be on case by case basis and that press release would not cover all two years old cases. It looks like USCIS/FBI is not serious about the press release. I was planning to wait until 1 Aug to file complaint but now will file it as soon as I'm ready.
yourfirstname
Registered Users (C)
maximum5,
Would you mind sharing your old complaint and other documents with other members of this forum to find problems in your old complaints and responses. Just wondering, why would judge issue such a judgement. It will help you in next case and others in preparing case in the best way.
Thanks guys for the responses.
Well, my complaint was a standard WOM. First, the government filed a MTD based on:
A. THE COURT LACKS SUBJECT MATTER JURISDICTION
B. ALTERNATIVELY, PLAINTIFF’S CASE SHOULD BE REMANDED
TO USCIS FOR AGENCY ADJUDICATION
My lawyer's response to MTD was ok (too long to describe in this forum). The judge's response was
"Plaintiff has produced nothing--except his own impatience--suggesting that a seventeen month wait is unreasonable as a matter of law and, even then, deserving of the extraordinary writ of mandamus."
Well, my complaint was a standard WOM. First, the government filed a MTD based on:
A. THE COURT LACKS SUBJECT MATTER JURISDICTION
B. ALTERNATIVELY, PLAINTIFF’S CASE SHOULD BE REMANDED
TO USCIS FOR AGENCY ADJUDICATION
My lawyer's response to MTD was ok (too long to describe in this forum). The judge's response was
"Plaintiff has produced nothing--except his own impatience--suggesting that a seventeen month wait is unreasonable as a matter of law and, even then, deserving of the extraordinary writ of mandamus."
yourfirstname
Registered Users (C)
maximum5,
which district was the case filed in? Would it be possible for you to upload documents to this forum?
which district was the case filed in? Would it be possible for you to upload documents to this forum?
an update to my case:
The assistant of the ASUA called me today and informed me that my interview date has been scheduled for 8/14/2008. I haven't received the IL yet though. The assistant told me that they were going to ask the court to dismiss my case during the upcoming Case Management Conference this Friday because the interview had been scheduled. I told her that my pray in my complaint was to have my case adjudicated so I wouldn't agree to dismiss my case at current stage.
I will ask the court to compel USCIS to adjudicate my case within 30 days after the interview and give expedited oath if my case is approved.
The assistant of the ASUA called me today and informed me that my interview date has been scheduled for 8/14/2008. I haven't received the IL yet though. The assistant told me that they were going to ask the court to dismiss my case during the upcoming Case Management Conference this Friday because the interview had been scheduled. I told her that my pray in my complaint was to have my case adjudicated so I wouldn't agree to dismiss my case at current stage.
I will ask the court to compel USCIS to adjudicate my case within 30 days after the interview and give expedited oath if my case is approved.
jefkorn
Well, I emailed him and called his office. The operator told me that Attorney Gotcher is going to respond to me if he would be willing to take this case or not.
Well, I am going to mention your nick one he replies. Maybe I will get a discount..
Email to lawyer, James R. Gotcher? You can mention jefkorn to him if you like, I'm a registerd user at his forum.Probably won't get you a discount
Well, I emailed him and called his office. The operator told me that Attorney Gotcher is going to respond to me if he would be willing to take this case or not.
Well, I am going to mention your nick one he replies. Maybe I will get a discount..
You can refile the case in the same district because the delay have grown since your last lawsuit (different factual circumstances). Also, if you did not use Administrative Procedures Act the first time, do it this time as APA remedy is not as drastic as mandamus by the court standard. On the other hand, if court finds that delay is unreasonable, it has to compell agency to act, while issuing writ of mandamus is in court's discretion.
Depends on district, judge and circumstances of the case.
The remand to CIS may be acceptable if done with deadlines otherwise CIS can sit on it for who know how long. For court to have discretion under mandamus, the plaintiff has to show that he/she has "exhausted" available administrative remedies. This is done by showing the phone calls/InfoPass/Congressman/Senators/FOIA request/letters to Service centers etc. If this wasn't shown in the complaint, the court could sat that mere passage of time doesn't make it unreasonable delay.
The jurisdiction under APA gives the court power to find what is a reasonable delay. Again depending on judge/district, a given delay may or may not be declared unreasonable.
The jurisdiction under APA gives the court power to find what is a reasonable delay. Again depending on judge/district, a given delay may or may not be declared unreasonable.
adshakil,
Although this is not an exhaustive list but will give you some sense of what's happening with WOMs in different districts. Also remember that there are lot of WOMs that are dismissed(or rendered moot) because CIS acted on the underlying AOS/Natz application. Why would CIS do that? If a judge rules on one of these WOMs, it's very likely that he/she is going to rule in favor of the plaintiff. If CIS loses a case, this will become yet another precedent for future WOMers to use against CIS. So it's in CIS's best interest to try to moot out the cases and also AUSAs (not all of them) hate to loose so they may try to settle unless they think that they have a sympathetic judge on their side.
Although this is not an exhaustive list but will give you some sense of what's happening with WOMs in different districts. Also remember that there are lot of WOMs that are dismissed(or rendered moot) because CIS acted on the underlying AOS/Natz application. Why would CIS do that? If a judge rules on one of these WOMs, it's very likely that he/she is going to rule in favor of the plaintiff. If CIS loses a case, this will become yet another precedent for future WOMers to use against CIS. So it's in CIS's best interest to try to moot out the cases and also AUSAs (not all of them) hate to loose so they may try to settle unless they think that they have a sympathetic judge on their side.
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status hearing today
Hey, lazy and others,
I went to status hearing today. The court said that he could either order me to file statements of facts, and a reply to defendants' MSJ or we could wait until September. I told the judge that I will file an application for TRO today because the visa number will run out quickly in August. And then the judge said that he will order the defendants to file a response to my oppo. to DOS' MTD.
It is obvious the judge doesn't want to make a ruling in August, although last time he said he would make a ruling at the end of July. It is probably because the PD will be current in August. For some reason, I was quite nervious today although this is the third status hearing that I have been to. Hope I will improve it if there will be a fourth hearing.
Hey, lazy and others,
I went to status hearing today. The court said that he could either order me to file statements of facts, and a reply to defendants' MSJ or we could wait until September. I told the judge that I will file an application for TRO today because the visa number will run out quickly in August. And then the judge said that he will order the defendants to file a response to my oppo. to DOS' MTD.
It is obvious the judge doesn't want to make a ruling in August, although last time he said he would make a ruling at the end of July. It is probably because the PD will be current in August. For some reason, I was quite nervious today although this is the third status hearing that I have been to. Hope I will improve it if there will be a fourth hearing.