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

how to access regulations such as 8 C.F.R. 245.2(a)(5)

Hey, lazy and others,

I was reading the MSJ filed the the AUSA and try to figure out where to file those USCIS regulations on internet. Could anyone give me a hint on that? Thanks
 
I need to make a case to prove "delay" is a "special circumstance" to use with 8 C.F.R. §337.3(a).

Does anyone know any reference (law or case) which I case use to prove it?

Thanks
 
I have a case management conference tomorrow. Is it better to wear suit or normal office attire(shirt, dress pants) is good?
 
Opposition to MTD exceeding the limit on number of pages

In anticipation of MTD, I have started working on my opposition to MTD and it can easily go beyond the limit on number of pages(20). Would you please give you feedback on following:

1. Any sample motion to ask leave of court to file pleadings in excess of the limit(20 pages)?
2. Is it a good idea to prepare a long and detailed opposition to MTD?
3. Will filing the motion (mentioned in #1 above) well before AUSA files her MTD send a subliminal message that plaintiff is well prepared?

jefkorn said:
Folks,
Local rules[ LR 7.1(B)(4)] at MA states:
"(4) Length of Memoranda. Memoranda supporting or opposing allowance of motions shall not,without leave of court, exceed twenty (20) pages, double-spaced."
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Ask for help--request withdrawn--just found it!!

Hey, Womers,

I need to get the following caselaw:

Hernandez v. Ashcroft, 345 F.3d 824, 844 n. 21 (9th Cir. 2003).

I think I found F.3d 824 through internet, but couldn't find 844 and the defendants cited 844 a lot instead. Could anyone upload it for me or point me to the directions where I could find it? Thanks a bunch.:)
 
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Would you share it please? Thanks
wommei said:
Hey, Womers,

I need to get the following caselaw:

Hernandez v. Ashcroft, 345 F.3d 824, 844 n. 21 (9th Cir. 2003).

I think I found F.3d 824 through internet, but couldn't find 844 and the defendants cited 844 a lot instead. Could anyone upload it for me or point me to the directions where I could find it? Thanks a bunch.:)
Click to expand...
 
wommei said:
Hey, eg0788,

I think the federal court at western district of Washington is friendly to aliens on the WOM suits. IF you want to do more research, register a PACER accout for free. You need to pay 8 cents per page if you look the documents or records in pacer. However, wrriten opinions are free. So you can log in the PACER account in your district, go to "reports", then "written opinions", use "Chertoff" as a party name and run a search. You will get written opinions on probably dozens of cases. You could pick those opinions in the "writ of mandamus" catergory and read them (or just the conclusion part), then you have a better idea how friendly your district is.
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Thanks for the reply wommei. After thinking and rethinking, (not sure why) I decided 2+ years is way too long to wait and is time for WOM. I have prepared my documents thanks for the information from this forum and wiki and almost ready to suit. While going thru the wiki, there is one point that I am not 100% sure what it means. It says that "Local US Attorney gets a copy of complaint and a copy of summons for each defendant" is that mean I need to give the Local US Attorney 4 copies if I have 4 defendants?

Also, is there any actual case WOM for N400 that I can refer to in preparing my WOM?

Thanks in advance for any help and respond!


__________________
Submit Application: May 10, 2006
PD: May 15, 2006
First FP: June 2006
Case Pending due to name check......
.....
Oath: ????
 
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eg0788

Hey, eg0788,

For my district, I don't have to do that. I have summons for 4 defendants and have a seperate summon for US attorney. But the rules may vary from district to district. I suggest you to talk to or call the clerk's office and clearify on that. I would suggest you to give the US attorney 4 copies of the summons, to be on the safe side.



eg0788 said:
Thanks for the reply wommei. After thinking and rethinking, (not sure why) I decided 2+ years is way too long to wait and is time for WOM. I have prepared my documents thanks for the information from this forum and wiki and almost ready to suit. While going thru the wiki, there is one point that I am not 100% sure what it means. It says that "Local US Attorney gets a copy of complaint and a copy of summons for each defendant" is that mean I need to give the Local US Attorney 4 copies if I have 4 defendants?
Click to expand...
 
Thoroughly read this:

http://www.ailf.org/lac/natz_delay0806.shtml


eg0788 said:
Thanks for the reply wommei. After thinking and rethinking, (not sure why) I decided 2+ years is way too long to wait and is time for WOM. I have prepared my documents thanks for the information from this forum and wiki and almost ready to suit. While going thru the wiki, there is one point that I am not 100% sure what it means. It says that "Local US Attorney gets a copy of complaint and a copy of summons for each defendant" is that mean I need to give the Local US Attorney 4 copies if I have 4 defendants?

Also, is there any actual case WOM for N400 that I can refer to in preparing my WOM?

Thanks in advance for any help and respond!


__________________
Submit Application: May 10, 2006
PD: May 15, 2006
First FP: June 2006
Case Pending due to name check......
.....
Oath: ????
Click to expand...
 
I just came back from the case management conference about 2 hours ago.

When I arrived the court house, I saw the AUSA and her assistant(a certified law student) walked into the court room before me(I guessed that). After I signed in with the clerk , the AUSA greeted me and introduced herself(she probably heard my conversation with the clerk). She was polite and nice. She told me what I should say after our case was called. She also said it's unusual to still have a case management conference after the case has evolved this far.

After my case was called, we(AUSA, the law student and I) walked to the front of the court room. We introduced ourselves first. The judge was nice too. The law student told the judge that my NC had been cleared and an interview had been schedule for 8/14. Then the judge asked me if I wanted to say thing(seemed to ask me if was happy with it), I told the judge that my original pray was to have my application adjudicated and that hadn't happened yet, I wanted a time line when USCIS could adjudicate my case. Because I also filed a motion to have my MSJ heard without a hearing, after some explanations general rule 61, the judge asked the AUSA to file cross-MSJ by 8/15/08(which is one day after my N-400 interview) and I file a reply by 8/22/08. We both agreed with that. The judge also granted my motion to have my MSJ heard on the papers hence vacated the hearing set for 8/15/08.

After we walked outside the courtroom, I had a chat with the AUSA. She said it's possible that USCIS adjudicates my case right after the interview. And it's also possible for USCIS to schedule the oath ceremony on the spot(if someone dropped off from his/her scheduled ceremony). I hope the AUSA will press USCIS to adjudicate my case and schedule the oath ceremony expeditiously. That way they can have my case dismissed without filing the cross-MSJ.

It's quite an experience. All the people were very nice and polite. I was a little bit nervous in the beginning but calmed down quickly. The judge did give me ample time to make statements and explain things, he also asked our opinions before his ruling.

I will start preparing my interview which is set for 8/14. Hope I will some good news at the interview.

BTW, I did wear suit based on jefkorn's recommendation. thanks, jefkorn!
 
Thanks meteor8 for recounting your experience for all others and sounds like you did a great job at the court. Was all of this verbal? Probably the deadlines etc will be entered in the docket? When dealing with motions and not face to face with AUSA and judge, everyone representing Defendants seems an antagonist but I'm sure most of them are accomplished legal professionals. They usually are fighting a loosing battle but they sometimes continue for whatever reason. May be the hand above them forces them to keep fighting.

I'm not sure if AUSAs can decide out of their own volition if they will fight the case or moot it out by getting CIS to act?

Good luck and keep it up!
meteor8 said:
I just came back from the case management conference about 2 hours ago.

When I arrived the court house, I saw the AUSA and her assistant(a certified law student) walked into the court room before me(I guessed that). After I signed in with the clerk , the AUSA greeted me and introduced herself(she probably heard my conversation with the clerk). She was polite and nice. She told me what I should say after our case was called. She also said it's unusual to still have a case management conference after the case has evolved this far.

After my case was called, we(AUSA, the law student and I) walked to the front of the court room. We introduced ourselves first. The judge was nice too. The law student told the judge that my NC had been cleared and an interview had been schedule for 8/14. Then the judge asked me if I wanted to say thing(seemed to ask me if was happy with it), I told the judge that my original pray was to have my application adjudicated and that hadn't happened yet, I wanted a time line when USCIS could adjudicate my case. Because I also filed a motion to have my MSJ heard without a hearing, after some explanations general rule 61, the judge asked the AUSA to file cross-MSJ by 8/15/08(which is one day after my N-400 interview) and I file a reply by 8/22/08. We both agreed with that. The judge also granted my motion to have my MSJ heard on the papers hence vacated the hearing set for 8/15/08.

After we walked outside the courtroom, I had a chat with the AUSA. She said it's possible that USCIS adjudicates my case right after the interview. And it's also possible for USCIS to schedule the oath ceremony on the spot(if someone dropped off from his/her scheduled ceremony). I hope the AUSA will press USCIS to adjudicate my case and schedule the oath ceremony expeditiously. That way they can have my case dismissed without filing the cross-MSJ.

It's quite an experience. All the people were very nice and polite. I was a little bit nervous in the beginning but calmed down quickly. The judge did give me ample time to make statements and explain things, he also asked our opinions before his ruling.

I will start preparing my interview which is set for 8/14. Hope I will some good news at the interview.

BTW, I did wear suit based on jefkorn's recommendation. thanks, jefkorn!
Click to expand...
 
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