Meter08,
You feel all of this forum members proud; you are the Man
Just hang in there and you will finish it soon...
You feel all of this forum members proud; you are the Man
Just hang in there and you will finish it soon...
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
In my district(MA), I served only one copy of the Complaint, Exhibits, motion to efile(not everyone has to do this but I wanted to be able to electronically file any subsequent papers) and summons only for US Attorney's office. Typically one AUSA represents all Defendants (CIS,DHS, FBI or DOS) (essentially Govt.). Read through your local rules on Serving and of course you can ask Pro Se clerk at your court. Do keep in mind that the clerk may not have most accurate information so may give you incorrect information inadvertently.
Examples of N-400 with interview and without interview at http://en.wikibooks.org/wiki/FBI_name_check#Example_document_for_pending_Naturalization_.28N-400.29
Also search the current thread for N-400 or Naturalization and for sample complaints or plaintiff's opposition to MTD.
1447(b) Question
Lazycis and others,
In the “Prayer For Relief” section of my 1447(b) suit if I ask for “Provide a de novo hearing and conduct the Plaintiff’s oath of allegiance in the court if the court finds that Plaintiff fulfilled all the statutory requirements of the United States Citizenship” ONLY and didn’t mention to “remand the matter back to USCIS for adjudication” then how the court will act. What I meant if the Judge doesn’t like to get me Oath then will he dismiss the case or else? Will this dismissal be with or without prejudice? Please explain as this is a grey area…
OK-Boy
Lazycis and others,
In the “Prayer For Relief” section of my 1447(b) suit if I ask for “Provide a de novo hearing and conduct the Plaintiff’s oath of allegiance in the court if the court finds that Plaintiff fulfilled all the statutory requirements of the United States Citizenship” ONLY and didn’t mention to “remand the matter back to USCIS for adjudication” then how the court will act. What I meant if the Judge doesn’t like to get me Oath then will he dismiss the case or else? Will this dismissal be with or without prejudice? Please explain as this is a grey area…
OK-Boy
Notice of Intent to Deny I-485 - URGENT HELP!
Hello folks,
We received notice of intent to deny our I-485 petition a few days ago (marriage-based I-130 & I-485). The basis they used were basically two, which are below, with my comments (see how ridiculous they are):
1. When I first came into the country, I, ignorantly, at the advice of some folks around me, went to a nearby state to get a driver's license, because it was easier. I went with a friend of mine, who let me use his car and address (don't even know where he is now). To be honest, I didn't even know it was wrong until the officer was questioning me extensively during the interview. The CIS says it was a misdemeanor that I used a "false" address and obtained license from another state while living in a different state.
2. Around the same time, I went to visit my aunt in another state for a few weeks during my school summer break for 2-3 weeks; happened to buy a car, and MAY have registered it under my aunt's address. (I still don't remember if I did or not and I told the officer that). So they used it against me, saying that I again used a false address and didn't report it with an AR-11.
And that's it! I have never ever been out of status, never committed a single crime, etc. They have given me 30 days to file a rebuttal. They said they considered "family unity" as a positive factor, but found it to be outweighed by these negative factors (unbelievable and absurd, huh?).
Question is:
1. I am preparing for this rebuttal - what else should I do? Any ideas on what to include in it?
2. If I do get denied, what should I do? Our I-130 is not approved yet either. Any way to appeal?
3. Any other ideas would be greatly appreciated.
Thanks everyone.
Hello folks,
We received notice of intent to deny our I-485 petition a few days ago (marriage-based I-130 & I-485). The basis they used were basically two, which are below, with my comments (see how ridiculous they are):
1. When I first came into the country, I, ignorantly, at the advice of some folks around me, went to a nearby state to get a driver's license, because it was easier. I went with a friend of mine, who let me use his car and address (don't even know where he is now). To be honest, I didn't even know it was wrong until the officer was questioning me extensively during the interview. The CIS says it was a misdemeanor that I used a "false" address and obtained license from another state while living in a different state.
2. Around the same time, I went to visit my aunt in another state for a few weeks during my school summer break for 2-3 weeks; happened to buy a car, and MAY have registered it under my aunt's address. (I still don't remember if I did or not and I told the officer that). So they used it against me, saying that I again used a false address and didn't report it with an AR-11.
And that's it! I have never ever been out of status, never committed a single crime, etc. They have given me 30 days to file a rebuttal. They said they considered "family unity" as a positive factor, but found it to be outweighed by these negative factors (unbelievable and absurd, huh?).
Question is:
1. I am preparing for this rebuttal - what else should I do? Any ideas on what to include in it?
2. If I do get denied, what should I do? Our I-130 is not approved yet either. Any way to appeal?
3. Any other ideas would be greatly appreciated.
Thanks everyone.
How many pages would be good to submit for my motion for argument and request hearing? Do I need to attach the documents proof in this motion? Or just bring to the court, if hearing is granted.
I wrote 20 pages (not including proof doc yet), I'm afraid it's too long that annoys the judge... I can't find such regulation in local rules. Thanks!
I wrote 20 pages (not including proof doc yet), I'm afraid it's too long that annoys the judge... I can't find such regulation in local rules. Thanks!
Hey, toolong2,
In my district, it is 15 pages without exhibits and supporting documents. If you want to file something longer than the required from local rules, you need to file leave to the court (ask permission from the court) to do that. You can call the clerk's office and ask them about the restriction on the documents length.
In my district, it is 15 pages without exhibits and supporting documents. If you want to file something longer than the required from local rules, you need to file leave to the court (ask permission from the court) to do that. You can call the clerk's office and ask them about the restriction on the documents length.
In my district the limit is 20 pages excluding the exhibits. Nothing in my local rules alludes to what needs to be done if the pleading exceeds the limit except asking for leave of court.
When I checked with pro se clerk, he directed me to Attorney's guide but it didn't have anything about what if pleading exceeds 20 pages. Should I use a different format like Table of Contents, Table of Cases etc. You do need to file a leave of court to file paper in excess of 20 pages.
Not sure if a lengthy albeit well-written and well-pleaded motion will annoy the judge or not?
When I checked with pro se clerk, he directed me to Attorney's guide but it didn't have anything about what if pleading exceeds 20 pages. Should I use a different format like Table of Contents, Table of Cases etc. You do need to file a leave of court to file paper in excess of 20 pages.
Not sure if a lengthy albeit well-written and well-pleaded motion will annoy the judge or not?
Grinberg Appeal in 11th circuit Court of Appeals?
Has Grinberg v. Swacina appeal (Case No. 07-11594-EE) been finalized?
I see following appearing under Adverse Decision at http://www.ailf.org/lac/clearinghouse_mandamus.shtml
Grinberg v. Swacina, 2007 U.S. Dist. LEXIS 19684 (S.D. Fla. 2007), vacated, Order on Appellant's Mot. to Vacate Dist. Ct. Order (11th Cir. June 19, 2008).
I couldn't locate the Order from 11th circuit court of appeals
What's the order? Is it favorable?
Has Grinberg v. Swacina appeal (Case No. 07-11594-EE) been finalized?
I see following appearing under Adverse Decision at http://www.ailf.org/lac/clearinghouse_mandamus.shtml
Grinberg v. Swacina, 2007 U.S. Dist. LEXIS 19684 (S.D. Fla. 2007), vacated, Order on Appellant's Mot. to Vacate Dist. Ct. Order (11th Cir. June 19, 2008).
I couldn't locate the Order from 11th circuit court of appeals
What's the order? Is it favorable?
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Ok I found it:
"..we do not think that defendants' delay in addressing plaintiffs' petition can be fairly characterized as a "judgment." The term judgment is not defined in the INA, see 8 U.S.C. § 1001, so we understand it to be used in its everyday sense. The OED offers many definitions for judgment(see footnote 2), but the two most relevant here are "[t]he pronouncing of a deliberate opinion upon a person or thing" and "[t]he formation of an opinion or notion concerning something by exercising the mind upon it."(see footnote 3) Certainly, defendants have not pronounced a deliberate opinion in relation to plaintiffs' applications and we have no reason to believe that they have formed an opinion or notion. Further, Section 1252(a)(2)(B)(i) only prohibits our review of a "judgment regarding the granting of relief." Because it does not appear that defendants have made any judgment regarding the granting of relief, Section 1252(a)(2)(B)(i) by its terms does not apply." See Han Cao v. Upchurch, 496 F. Supp. 2d 569, 572 (E.D. Pa. 2007).
footnote 2: This is unsurprising for a word that has been in recorded use since the mid-13th century.
footnote 3: See VIII The Oxford English Dictionary 294, defs. 6 and 7.a. (2d ed. 1989).
"..we do not think that defendants' delay in addressing plaintiffs' petition can be fairly characterized as a "judgment." The term judgment is not defined in the INA, see 8 U.S.C. § 1001, so we understand it to be used in its everyday sense. The OED offers many definitions for judgment(see footnote 2), but the two most relevant here are "[t]he pronouncing of a deliberate opinion upon a person or thing" and "[t]he formation of an opinion or notion concerning something by exercising the mind upon it."(see footnote 3) Certainly, defendants have not pronounced a deliberate opinion in relation to plaintiffs' applications and we have no reason to believe that they have formed an opinion or notion. Further, Section 1252(a)(2)(B)(i) only prohibits our review of a "judgment regarding the granting of relief." Because it does not appear that defendants have made any judgment regarding the granting of relief, Section 1252(a)(2)(B)(i) by its terms does not apply." See Han Cao v. Upchurch, 496 F. Supp. 2d 569, 572 (E.D. Pa. 2007).
footnote 2: This is unsurprising for a word that has been in recorded use since the mid-13th century.
footnote 3: See VIII The Oxford English Dictionary 294, defs. 6 and 7.a. (2d ed. 1989).
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Meter08,
You feel all of this forum members proud; you are the Man
Lazycis, et al
Could someone help answer these:
1. How do I find out the name of the AUSA assigned to my case?
2. If the AUSA asks for an extension (first one) - is there a particular format in which the plaintiff needs to reply to this request?
After you serve/deliver the Summons to United States Attorney's(USA) Office, one of his/her assistants AUSA will be file a notice of representation with the court in your case. You can either register with PACER and then logon to your Court's ECF (or PACER) website and look at Docket Report or call the Pro Se clerk and ask about it. The AUSA assignment to the case can happen right the next day after you serve the summons or in a week or so. AFAIK, there isn't a hard and fast rule on how quick an AUSA will be assigned in your case.
I'm myself looking for similar information. I vaguely remember from earlier discussion on the forum that even if the plaintiff denies the extension, court will grant it anyway.
yourfirstname
Registered Users (C)
Hi
What US Civit statute should I list under cause of action on JS44 for no interview naturalization WOM?
I listed 28 U.S.C. § 1361, 5 U.S.C. § 701 et seq. Is that enough?
Thanks
What US Civit statute should I list under cause of action on JS44 for no interview naturalization WOM?
I listed 28 U.S.C. § 1361, 5 U.S.C. § 701 et seq. Is that enough?
Thanks
FOR WRIT IN THE NATURE
OF MANDAMUS AND DECLATORY JUDGEMENT
This Court has subject matter jurisdiction over this action under 5 U.S.C. § 1361 (Mandamus Act); and under 28 U.S.C. § 1331 (federal question jurisdiction) and under 5 U.S.C. §§ 555(b), 701 et seq. (Administrative Procedure Act “APA”); and under 28 U.S.C. § 2201 (Declaratory Judgment Act). This Court may grant relief pursuant to 28 U.S.C. §§ 1361, 1651, 2202 and 5 U.S.C. § 702.
OF MANDAMUS AND DECLATORY JUDGEMENT
This Court has subject matter jurisdiction over this action under 5 U.S.C. § 1361 (Mandamus Act); and under 28 U.S.C. § 1331 (federal question jurisdiction) and under 5 U.S.C. §§ 555(b), 701 et seq. (Administrative Procedure Act “APA”); and under 28 U.S.C. § 2201 (Declaratory Judgment Act). This Court may grant relief pursuant to 28 U.S.C. §§ 1361, 1651, 2202 and 5 U.S.C. § 702.
waitwait96
Registered Users (C)
Hello every body , first of all let me start be saying i been reading this thread for over 2 years now and i saw so much info here , i think alot of lawerys they don't have that much info. second of all the great sotries about alot of great wins for so many members and how everyone here trying to reach out for others and help them out , that what gave me the power to go for my case as well.
here is my story with CIS: I filed my N-400 on 08/16/2006 , went for a fingers print on 10/24/2006 , and of course i was stucked in name check and througout the last 2 years i did every thing that i could from info passes , calls to customer service , letters to many officals in DHS and CIS , letters from my state Senator , and as always nothing happend .
ON 05/30/2008 I filed my WOM for N-400 (no interview) , served the AUSA and the other defendants and the reply due by 08/03/08 , and then i got a letter for second finger print on 07/14/08 , last week i called the AUSA for the first time and she knew who i was as soon as i told her my name , she said (i talked to CIS and i convince them to give you an interview in mid August , however your name check not clear yet and she is going to file MTD and she just waiting for the interview date ) i made it clear to her that i want CIS to adjudicate my application and it's very clear that's what i filed WOM , and i am willing to work with her to get the oath letter , and she clamied that she has no power over CIS or FBI to have them clear my name , since i have no problems what so ever with the law , she also said she will ask the judge to make ruling by the first week of Septmber. Today i recevied a letter from CIS for an interview on 08/12/08 which a good thing . and now here is my questions :
1- when she files MTD i am thinking of filing Discovery after i go through the interview and see if my name check is clear or not , because i don't want CIS to drag me from WOM to 1447 (b) , but can i file for Discovery even i didn't name FBI as one of the defendants ?? if so how can i file it ???
2- OR should i just respond for MTD and show the judge that i did every thing that i could but the delay from them and let the judge rule on the case ??? ( I did ask in my WOM prayer ( Enter an Order requiring Defendants to adjudicate Plaintiff ’s Application for Naturalization N -400 ;Grant such further relief as the Court deems just and proper .)
any adivce from all the experts friends out there it will be great , thank you very much for your help in advance .
here is my story with CIS: I filed my N-400 on 08/16/2006 , went for a fingers print on 10/24/2006 , and of course i was stucked in name check and througout the last 2 years i did every thing that i could from info passes , calls to customer service , letters to many officals in DHS and CIS , letters from my state Senator , and as always nothing happend .
ON 05/30/2008 I filed my WOM for N-400 (no interview) , served the AUSA and the other defendants and the reply due by 08/03/08 , and then i got a letter for second finger print on 07/14/08 , last week i called the AUSA for the first time and she knew who i was as soon as i told her my name , she said (i talked to CIS and i convince them to give you an interview in mid August , however your name check not clear yet and she is going to file MTD and she just waiting for the interview date ) i made it clear to her that i want CIS to adjudicate my application and it's very clear that's what i filed WOM , and i am willing to work with her to get the oath letter , and she clamied that she has no power over CIS or FBI to have them clear my name , since i have no problems what so ever with the law , she also said she will ask the judge to make ruling by the first week of Septmber. Today i recevied a letter from CIS for an interview on 08/12/08 which a good thing . and now here is my questions :
1- when she files MTD i am thinking of filing Discovery after i go through the interview and see if my name check is clear or not , because i don't want CIS to drag me from WOM to 1447 (b) , but can i file for Discovery even i didn't name FBI as one of the defendants ?? if so how can i file it ???
2- OR should i just respond for MTD and show the judge that i did every thing that i could but the delay from them and let the judge rule on the case ??? ( I did ask in my WOM prayer ( Enter an Order requiring Defendants to adjudicate Plaintiff ’s Application for Naturalization N -400 ;Grant such further relief as the Court deems just and proper .)
any adivce from all the experts friends out there it will be great , thank you very much for your help in advance .
yourfirstname
Registered Users (C)
Ok-Boy,
my complaint has all these statutes. My question is about JS44. Should I list all of these in JS44? or are just 2/3 statues fine?
gctarget06
Registered Users (C)
I-1485 approval without security check.
Guys,
I remember an interoffice memorandum was released by USCIS director which stated that if certain petitions are pending for more than 180 days due to "security check", those will be adjudicated by the USCIS.
I am looking for that memorandum because I want to use that in WOM as one of the exhibit....could anyone provide a link to that memorandum or upload it here please ??
Highly appreciate it....
Guys,
I remember an interoffice memorandum was released by USCIS director which stated that if certain petitions are pending for more than 180 days due to "security check", those will be adjudicated by the USCIS.
I am looking for that memorandum because I want to use that in WOM as one of the exhibit....could anyone provide a link to that memorandum or upload it here please ??
Highly appreciate it....
I would certainly list the 5 U.S.C. § 1361 (Mandamus Act), 28 U.S.C. § 1331 (federal question jurisdiction) and 5 U.S.C. §§ 555(b), 701 et seq. (Administrative Procedure Act “APA”) and if space permits you can also add more as mentioned by Ok-boy above.
This is more for court's record than for the Judge' to rule on. Your Complaint is the main document.
This is more for court's record than for the Judge' to rule on. Your Complaint is the main document.
yourfirstname
Registered Users (C)
I've a few questions before i file my WOM.
1. Name on the top like aaa V. bbb: Does it have to be complete name or can it be just last name like Doe Vs. Chertoff ....?
2. Is it a good idea to have separate phone# and email id for lawsuit?
3. Should I ask Judge to compel USCIS to expedite oath or should just focus on adjudication of the application?
Thanks
1. Name on the top like aaa V. bbb: Does it have to be complete name or can it be just last name like Doe Vs. Chertoff ....?
2. Is it a good idea to have separate phone# and email id for lawsuit?
3. Should I ask Judge to compel USCIS to expedite oath or should just focus on adjudication of the application?
Thanks