I just came back from the bank but only brought two copies. I will save one original and submit the other to court. Hope it is ok to use copies for serving the others.
Thanks!
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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I just came back from the bank but only brought two copies. I will save one original and submit the other to court. Hope it is ok to use copies for serving the others.
Thanks!
The Request for Documents template says "Plaintiffs request that the above named Defendants produce documents responsive to this Request for Production of Documents by forwarding copies of those documents within thirty (30) days of the date this Request is served on the defendants."
Can I change it to a shorter timeline - that I request the documents by the hearing date requested in the TRO (I will change it to Sep 26)?
Thanks!
Can I change it to a shorter timeline - that I request the documents by the hearing date requested in the TRO (I will change it to Sep 26)?
Thanks!
You raise an interesting scenario. Even though you have been in the overall process starting labor for almost 5 years, this may not be counted towards delay in your AOS. The delay in your I-485 will only be looked at from the filing/receipt date.
Is your I-140 approved?
I'm not sure if you can allege that I-140 was unreasonably delayed in addition to your I-485. There's nothing that stops you from filing a lawsuit even if it seems that it won't get you the desired relief. Of course you want to explore different sides of the argument first and give it a shot. In the legal arena, the lawyers are not always sure of the feasibility of a given lawsuit but proceed to try their legal theory and some times it works and other times it doesn't. In short, you won't know until you try.
Is your I-140 approved?
I'm not sure if you can allege that I-140 was unreasonably delayed in addition to your I-485. There's nothing that stops you from filing a lawsuit even if it seems that it won't get you the desired relief. Of course you want to explore different sides of the argument first and give it a shot. In the legal arena, the lawyers are not always sure of the feasibility of a given lawsuit but proceed to try their legal theory and some times it works and other times it doesn't. In short, you won't know until you try.
Here comes my question again...
Still working on TRO...didn't have enough time in the day due to work...
But will finish it this evening and file tomorrow morning.
Srinivasan's application for Preliminary Injunction also states that "or, in the alternative, for expedited summary judgment". And its format is similar to the whole structure of the Complaint, including most sections from the Complaint, even it's already included as an exhibit.
The other 2 TRO templates (wom_ri and wommei) stated that "Plaintiffs incorporate by reference the allegations contained in the motion for summary judgment filed with this court". They submitted a MSJ before the TRO.
Should I also say something like "incorporate by reference the allegations contained in the Complaint for Writ of Mandamus filed with this court", as the TRO is filed right after the Complaint?
Thanks!!
Still working on TRO...didn't have enough time in the day due to work...
But will finish it this evening and file tomorrow morning.Srinivasan's application for Preliminary Injunction also states that "or, in the alternative, for expedited summary judgment". And its format is similar to the whole structure of the Complaint, including most sections from the Complaint, even it's already included as an exhibit.
The other 2 TRO templates (wom_ri and wommei) stated that "Plaintiffs incorporate by reference the allegations contained in the motion for summary judgment filed with this court". They submitted a MSJ before the TRO.
Should I also say something like "incorporate by reference the allegations contained in the Complaint for Writ of Mandamus filed with this court", as the TRO is filed right after the Complaint?
Thanks!!
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My personal opinion is that you could use the wording that you mentioned below. My opinion is based on what makes sense to me and not on personal experience or observation.
Here comes my question again...
Still working on TRO...didn't have enough time in the day due to work...
Srinivasan's application for Preliminary Injunction also states that "or, in the alternative, for expedited summary judgment". And its format is similar to the whole structure of the Complaint, including most sections from the Complaint, even it's already included as an exhibit.
The other 2 TRO templates (wom_ri and wommei) stated that "Plaintiffs incorporate by reference the allegations contained in the motion for summary judgment filed with this court". They submitted a MSJ before the TRO.
Should I also say something like "incorporate by reference the allegations contained in the Complaint for Writ of Mandamus filed with this court", as the TRO is filed right after the Complaint?
Thanks!!
Naturalization Oath
Hi Folks,
Today the Judge gave the US district attorney 45 days to come up with a decission on my case, any idea of a possible scenario on my case? Do I sit idle waiting OR there is something I can (have to) do? The judge indicated that it is not in this court jurisdiction to make a decission, the court can only request the DA to press his defendants to make a decission on my case?
Any ideas are highly appreciated.
Thanks to all of you and seecially to Lazycis who has been very helpfull,
NaserH
Hi Folks,
Today the Judge gave the US district attorney 45 days to come up with a decission on my case, any idea of a possible scenario on my case? Do I sit idle waiting OR there is something I can (have to) do? The judge indicated that it is not in this court jurisdiction to make a decission, the court can only request the DA to press his defendants to make a decission on my case?
Any ideas are highly appreciated.
Thanks to all of you and seecially to Lazycis who has been very helpfull,
NaserH
Thanks Jefkorn. I also researched online and found somewhere that defendant just claim they can't meet the deadline and after the deadline the request is closed. So I think I should probably leave it as the 30 days in original template?
How many days should I put on the summon? Shall I put my own name/address in the Plaintiff's attorney field? The second page is confusing to me. Does it have the same function as the certificate of service?
Do I need to also get the certificate of service to both court and AUSA before the clock starts ticking?
Thanks!!
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Finally finished the documents and coversheets, etc. at 4:30 am...very sleepy...
Still have questions as indicated in previous post.
Will go to court after 9am for filing - hope I will get all the filing procedures right.
Any last-minute advice are greatly appreciated!!
Still have questions as indicated in previous post.
Will go to court after 9am for filing - hope I will get all the filing procedures right.
Any last-minute advice are greatly appreciated!!
See following threads in general for similar info:
Second page of summons:
http://boards.immigration.com/showpost.php?p=1928534&postcount=16885
http://boards.immigration.com/showpost.php?p=1933100&postcount=16975
http://boards.immigration.com/showpost.php?p=1949140&postcount=17343
http://boards.immigration.com/showthread.php?t=194681&page=563
You may want to use search this thread option to look for certificate of service sample, sample summons etc, this was discussed at length a month or so ago.
Second page of summons:
http://boards.immigration.com/showpost.php?p=1928534&postcount=16885
http://boards.immigration.com/showpost.php?p=1933100&postcount=16975
http://boards.immigration.com/showpost.php?p=1949140&postcount=17343
http://boards.immigration.com/showthread.php?t=194681&page=563
You may want to use search this thread option to look for certificate of service sample, sample summons etc, this was discussed at length a month or so ago.
You are referring to putting a discovery deadline. I'm not too sure on this.
60, when Govt. (or one of its agencies) is sued, Defendants get 60 days to respond to the Complaint.
Yes, I put Pro Se after my name.
The second page will be attached when Certificate of Service is filed with the court after the summons have been received by the defendants. I think this is covered in one of the links I posted at the beginning of the message.
Clock starts ticking from the time when you deliver the summons to AUSA and NOT when the named defendants receive summons. That's why it's important to deliver summons to AUSA asap. Filing certificate of service with the court doesn't have any bearing on the start of the clock. The purpose of filing Certificate of the Service with the court is to show the court that you have served the defendants. You are required to serve the defendants within 120 days from date of filing the complaint.
I can't say I have thoroughly gone through the attached docs, but I glanced at them, they looked fine to me. Did you forget to enter the name of some exhibts in one of table of exhibits? There were two entries at the end of the table, but no description on the second column. Esp. I like the discovery request. If you make minor mistakes, court is not going to penalize you and may be more forgiving as your are a pro se. You are still required to conform to court rules in general in terms of deadline etc but don't worry too much about it at this point. You have already covered the hard part. You have drafted your docs and they look great.
You may want to take some blank printouts of the summons, category/cover sheet or any other forms that you are not sure what to enter in them. If clerk gives you good advice on what to put in them, you will be able to just hand-write stuff right there. It doesn't need to be a computer printout of filled-up forms/summons.
Take stapler in case you need to move pages around. I put took large sized envelopes to separate different copies for different defendant and AUSA, although AUSA's office didn;t want the envelope and asked me to just give them the complaint+exhibits+summons etc.
Copying at the court is expensive compared to regular prices of copying. Take some cash (20-40 bucks) if you need to use the court copier, it may only accept dollar bills and not the credit cards.
You may not be allowed to take any electronics (cell phones, PDAs or IPODs with you.)
If the court clerk doesn't know about some of the stuff that you are talking about, don't be surprised, they are not lawyers.
Good luck and may you be the winner!!
You may want to take some blank printouts of the summons, category/cover sheet or any other forms that you are not sure what to enter in them. If clerk gives you good advice on what to put in them, you will be able to just hand-write stuff right there. It doesn't need to be a computer printout of filled-up forms/summons.
Take stapler in case you need to move pages around. I put took large sized envelopes to separate different copies for different defendant and AUSA, although AUSA's office didn;t want the envelope and asked me to just give them the complaint+exhibits+summons etc.
Copying at the court is expensive compared to regular prices of copying. Take some cash (20-40 bucks) if you need to use the court copier, it may only accept dollar bills and not the credit cards.
You may not be allowed to take any electronics (cell phones, PDAs or IPODs with you.)
If the court clerk doesn't know about some of the stuff that you are talking about, don't be surprised, they are not lawyers.
Good luck and may you be the winner!!
Finally finished the documents and coversheets, etc. at 4:30 am...very sleepy...
Still have questions as indicated in previous post.
Will go to court after 9am for filing - hope I will get all the filing procedures right.
Any last-minute advice are greatly appreciated!!
How many days should I put on the summon?
Don't put any.
Shall I put my own name/address in the Plaintiff's attorney field?
Yes or leave it blank
The second page is confusing to me. Does it have the same function as the certificate of service?
Second page replaces certificate of service when you serve the original complaint. All other filings have to use certificate of service.
Be strong and of good courage, update us on the developments!
Don't put any.
Shall I put my own name/address in the Plaintiff's attorney field?
Yes or leave it blank
The second page is confusing to me. Does it have the same function as the certificate of service?
Second page replaces certificate of service when you serve the original complaint. All other filings have to use certificate of service.
Be strong and of good courage, update us on the developments!
Was this oral statement from the judge or he has decided the case? If you post the exact text if it was in a document on the docket (take out personal info), it will give us better idea.
Case dismissed
Folks, my case was dismissed. The language used was (omitting the brief case history that was part of the Stipulation of Dismissal)
"The parties respectfully move, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), to dismiss this action because Plaintiffs have received the relief they requested, namely, a decision on their Applications for Adjustment of Status."
AUSA filed the dismissal but I agreed to it after reviewing the draft.
Folks, my case was dismissed. The language used was (omitting the brief case history that was part of the Stipulation of Dismissal)
"The parties respectfully move, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), to dismiss this action because Plaintiffs have received the relief they requested, namely, a decision on their Applications for Adjustment of Status."
AUSA filed the dismissal but I agreed to it after reviewing the draft.
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lazycis,
I am planning to write a letter back to AUSA to say no for holding the case. Is there any template that I can refer to or do you have any suggestion?
thanks,
Filing process report
WOM complaint filed at the Northern District of Texas this morning... Thank you for all your help during my preparation, jefkorn, lazycis and mka... Below is a summary of the process.
At court clerk's office:
Complaint/TRO/Request for Docs:
The court requires original plus one copy. I only brought 8 copies (1 for court, 1 for US attorney, 1 for myself and 5 for defendants). So I just gave my copy to the court. I kept one of the two original notarized affidavits and the other documents can be reproduced. I don't have a copy of these document with stamps, although I got the case number on copies of summons. Hope this will be ok.
Civil cover sheet:
Seems ok.
Certificate of Interested Persons:
Required by this court. I just put "None" in first field and name of Plaintiff/Defendants in second field, as who are "financially interested in the outcome of the case". I didn't know how to properly fill it and the clerk was not sure either. He said most of the forms he saw have Plaintiff/Defendants on there, so I put the names on.
Court fee:
Paid by check and got a receipt.
Certificate of Service:
I told the clerk I would serve the defendants by mail today. So he stamped the C of S that I filled with today's date and all defendants' names. I got stamped copies.
Summons:
- Court requires 60 days to be put there for suits againt government agency, so I had to put 60 in all summons.
- The clerk stamped every summon and I got copies.
- Second pages are to be filed with original return receipt. This court does not accept printed electronic delivery proof.
Others:
- The clerk confirmed with a few other clerks which judge the files should go to. They said that immigration cases usually go to one judge, but since there is a TRO and the District Judge handles all TROs, all files in my case will go to the District Judge.
- The clerk was very kind and patient in answering all my questions. He even made most of the copies for me which saved me the cost of using the copier that charges 25c per page - I only paid for one copy of the notarized affidavit signature page. I also got a checklist for filing suit against government agency in this court.
At U.S. Attorney's office (11 floors below the court):
- I submitted a copy of the Complaint, TRO and Request for Documents, as well as a copy of all summons and C of S. All documents are with court stamps.
- I also submitted a summon with U.S. Attorney on it. What happened is: The civil process clerk first said I could not deliver the documents to U.S. Attorney's office myself. He also said I'd need to serve a summon to them as well. I was confused (as U.S. Attorney is not listed as a defendant) and started to freak out. He then asked me to fill a blank summon with U.S. Attorney's title and office address, go back to court clerk's office and get it stamped and filed, and then come back and serve the summon and he will take the documents. I did what he said and filled out the 2nd page of this summon, which I didn't give to the court yet, as the court clerk told me to file it later, along with the other 2nd pages that need return receipts.
- The summon also says 60 days, as required in the court's checklist.
- The clerk wrote the date and time of receipt on first page of the complaint and initialed it. I forgot to ask for a receipt. Later I called him and he said it is not necessary as he already acknowledged the receipt date as described above. I don't have a copy of that though.
Serving to defendants:
A copy of Complaint + TRO + Request for Docs, stamped and a stamped summon for each defendant. I used priority+certified mail+return receipt. Spent 30 min in post office writing addresses on all those mailing labels. Tried my best not to mix things up.
That concludes my first adventure in U.S. legal system. Hopefully I didn't make any major mistakes. If filing was properly done today, next steps would be to file Return of Service (2nd page of Summon) after getting the return receipts, and be prepared to go to battle...
WOM complaint filed at the Northern District of Texas this morning... Thank you for all your help during my preparation, jefkorn, lazycis and mka... Below is a summary of the process.
At court clerk's office:
Complaint/TRO/Request for Docs:
The court requires original plus one copy. I only brought 8 copies (1 for court, 1 for US attorney, 1 for myself and 5 for defendants). So I just gave my copy to the court. I kept one of the two original notarized affidavits and the other documents can be reproduced. I don't have a copy of these document with stamps, although I got the case number on copies of summons. Hope this will be ok.
Civil cover sheet:
Seems ok.
Certificate of Interested Persons:
Required by this court. I just put "None" in first field and name of Plaintiff/Defendants in second field, as who are "financially interested in the outcome of the case". I didn't know how to properly fill it and the clerk was not sure either. He said most of the forms he saw have Plaintiff/Defendants on there, so I put the names on.
Court fee:
Paid by check and got a receipt.
Certificate of Service:
I told the clerk I would serve the defendants by mail today. So he stamped the C of S that I filled with today's date and all defendants' names. I got stamped copies.
Summons:
- Court requires 60 days to be put there for suits againt government agency, so I had to put 60 in all summons.
- The clerk stamped every summon and I got copies.
- Second pages are to be filed with original return receipt. This court does not accept printed electronic delivery proof.
Others:
- The clerk confirmed with a few other clerks which judge the files should go to. They said that immigration cases usually go to one judge, but since there is a TRO and the District Judge handles all TROs, all files in my case will go to the District Judge.
- The clerk was very kind and patient in answering all my questions. He even made most of the copies for me which saved me the cost of using the copier that charges 25c per page - I only paid for one copy of the notarized affidavit signature page. I also got a checklist for filing suit against government agency in this court.
At U.S. Attorney's office (11 floors below the court):
- I submitted a copy of the Complaint, TRO and Request for Documents, as well as a copy of all summons and C of S. All documents are with court stamps.
- I also submitted a summon with U.S. Attorney on it. What happened is: The civil process clerk first said I could not deliver the documents to U.S. Attorney's office myself. He also said I'd need to serve a summon to them as well. I was confused (as U.S. Attorney is not listed as a defendant) and started to freak out. He then asked me to fill a blank summon with U.S. Attorney's title and office address, go back to court clerk's office and get it stamped and filed, and then come back and serve the summon and he will take the documents. I did what he said and filled out the 2nd page of this summon, which I didn't give to the court yet, as the court clerk told me to file it later, along with the other 2nd pages that need return receipts.
- The summon also says 60 days, as required in the court's checklist.
- The clerk wrote the date and time of receipt on first page of the complaint and initialed it. I forgot to ask for a receipt. Later I called him and he said it is not necessary as he already acknowledged the receipt date as described above. I don't have a copy of that though.
Serving to defendants:
A copy of Complaint + TRO + Request for Docs, stamped and a stamped summon for each defendant. I used priority+certified mail+return receipt. Spent 30 min in post office writing addresses on all those mailing labels. Tried my best not to mix things up.
That concludes my first adventure in U.S. legal system. Hopefully I didn't make any major mistakes. If filing was properly done today, next steps would be to file Return of Service (2nd page of Summon) after getting the return receipts, and be prepared to go to battle...
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