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

hi guys,
I sent out the summons by certified mail with return reciept to chertoff,mukasey and aytes. and I served the District Director in person where they made a copy of the summon and stamped it and gave it back to me. then I went to AUSA I served him the complain +summons + exhibits but the guy at the front desk took the file and stamped the second page of the summon and the D.D summon. do i need to do any thing after that? did i miss any thing? when u think should I call The AUSA to make sure he got the complaint?
 
mosamno2 said:
hi guys,
I sent out the summons by certified mail with return reciept to chertoff,mukasey and aytes. and I served the District Director in person where they made a copy of the summon and stamped it and gave it back to me. then I went to AUSA I served him the complain +summons + exhibits but the guy at the front desk took the file and stamped the second page of the summon and the D.D summon. do i need to do any thing after that? did i miss any thing? when u think should I call The AUSA to make sure he got the complaint?
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There is no need to verify that AUSA got the complaint. US Attorneys office is much more efficient than USCIS. When you get all return receipts and are able to fill return service section for all summons, file second pages of summons with the court.
 
Went to Infopass and they confirmed my scheduled interview :) They gave us a difficult time, but a nice lady was concerned and help us and gave us a copy

Happy Holidays!!

I feel so attached to this forum, I will keep reading everyday :) and talking
 
lazycis, did you mean that the 60 days countdown started today? should i send a coby of the return service section to the AUSA?
lazycis said:
There is no need to verify that AUSA got the complaint. US Attorneys office is much more efficient than USCIS. When you get all return receipts and are able to fill return service section for all summons, file second pages of summons with the court.
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Lazycis/Jefkorn

I was reading earlier posts and it seems not all Judges in Massachusetts district courts are WOM friendly!

If my case was assigned to O'toole, will it be worth pursuing?

Do you guys have any info about judges in Worcester branch of District court regarding WOM?

Thanks
 
I'm sorry to ask again but the 1st page of summon doesn't have enough space for all the defendant names. Can I just write Michael chertoff et al and then write individual defendant in TO section?
 
Yes, the the idea behind using et al notation is that you use the first named defendant in case and omit all others by using et al. So for example:
John Doe vs. Adam Smith, Hick Doe, Tom Jerry , the case title will become John v. Adam et al.
watertown said:
I'm sorry to ask again but the 1st page of summon doesn't have enough space for all the defendant names. Can I just write Michael chertoff et al and then write individual defendant in TO section?
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You are right about not all judges have issued WOM friendly rulings. I'm not sure if you want to the trouble of filing in Worcester branch to get a friendly judge.
You must have seen O'Toole opinions in the thread and he seems stern on AOS but ok with Naturalization cases, not to discourage you but here are some his rulings:
http://forums.immigration.com/showpost.php?p=1927356&postcount=16856

http://forums.immigration.com/showpost.php?p=1911512&postcount=16594

http://forums.immigration.com/showpost.php?p=1879261&postcount=16042

It's hard to say what the judge will decide when the time comes and they have changed their position iin the light of new development but prior decision do give you an idea of what sort of position they may take. You always have the possibility of getting a "good" AUSA and get things resolved before it get to MTD and later motions. Who is your AUSA?

Update: You can keep any eye on http://pacer.mad.uscourts.gov/recentopinions.html for recent decisions. You may have to look for Chertoff to narrow down to WOM/Naturalization cases.

watertown said:
Lazycis/Jefkorn

I was reading earlier posts and it seems not all Judges in Massachusetts district courts are WOM friendly!

If my case was assigned to O'toole, will it be worth pursuing?

Do you guys have any info about judges in Worcester branch of District court regarding WOM?

Thanks
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Jefkorn, I'm preparing my documents for filing and I was also reading your posts since you too have filed in MA.


It's hard to say what the judge will decide when the time comes and they have changed their position iin the light of new development but prior decision do give you an idea of what sort of position they may take. You always have the possibility of getting a "good" AUSA and get things resolved before it get to MTD and later motions. Who is your AUSA?[/QUOTE]
 
You know what I thought you had filed WOM and got O'Toole assigned. Sorry I'm already in vacation mode:) So of course if you haven't filed, you wouldn't know who will the Judge and AUSA assigned to your case. If you get Nancy Gertner assigned, she is the best.
Judge will be assigned pretty much on the spot when you file. The court stamp that you will get on your Complaint will have the judge's two/three letter initials. For example, your case number may look something like:

08 CA XXXX RGS
08 - Year 2008
CA - Civil Action
XXXX - case number
RGS - Robert G. Stearns (Judge's name)

And when you deliver the summons at US Attorney's office, you will see in the PACER system who is the AUSA because AUSA will file something called Notice of Representation.

I would suggest, try to get info in the electronic filing from the court's website as well even before you file. It will help you file subsequent documents without a trip to the court.
watertown said:
Jefkorn, I'm preparing my documents for filing and I was also reading your posts since you too have filed in MA.
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MA, 1st circuit: AOS, I-485, pending more than four years

The AOS was pending for over 4 years but USCIS decided to fight it. Christopher R. Donato, AUSA seems like always decides to fight it. Judge Joseph L. Tauro ruled in Plaintiff's favor and ordered USCIS to adjudicate AOS within 60 days and report back to the court the decision.

Abdi v Chertoff
 
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jefkorn, since you are a pro, which floor in the Boston building, pro se clerk works and do they accept check? can I serve the sumon/compaint/exhibit to the US attorney on the same day since they are in the same building?
 
I'm Pro Se not a Pro :)
MA court takes cash, certified checks, personal checks and even credit cards: http://www.mad.uscourts.gov/general/fees-payments.htm
The Pro Se clerk is on the second floor and US Attorney's office is at 9th floor. When you get in the elevator, you will see US Attorney or something like that next to floor number. Yes, you can serve US Attorney's office the same day when you file WOM with the court.

See the MA Pro Se guide

See also MA Attorney's guide, it has some useful information for Pro Se folks.

watertown said:
jefkorn, since you are a pro,
which floor in the Boston building, pro se clerk works and do they accept check? can I serve the sumon/compaint/exhibit to the US attorney on the same day since they are in the same building?
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Hi guys .. I just the mail and there was a letter from USCIS ..unfortunatlly it was not what I was hoping for. It was a nother letter saying that my background check is still pending and my application has been delayed because of the background check. I guess the officer I talked to the other day and told me they are working on scheduiling my interview was not honest with me :-(
 
Merry Christmas, Lazycis and Jefkorn!

It is so nice to see you guys are still helping people on this forum! Merry Christmas! I wish the Womers on this forum will have a productive new year and win the lawsuits!
 
Happy Holidays to everyone and Thank you

mustafa34kc, I received a similar status inquiry response last week. Thought it was silly. I kept calling USCIS. Yesterday has been the first time I received consistent information.

jefkron & lazycis, I checked my case and I still don't have a AUSU assigned. It's been 3 weeks. It this normal? Should I called them next week? I can't complain (scheduled for interview) but I need this case anyways in case afterwards :)

Merry Christmas

{hugs}
 
Hey wommei,
Nice to see you, thank you for stopping by. Happy holidays and happy new year to you as well.

wommei said:
It is so nice to see you guys are still helping people on this forum! Merry Christmas! I wish the Womers on this forum will have a productive new year and win the lawsuits!
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