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

[kabi24]

check this example

Thanks qim for your reply. I read instructions of publicus and first ten pages of this thread. Sure I read Local Rules also. But still I'm not quite sure how to do this "Service of return".

Hey there.
On the website of your district court you should find and download the proof of service sheet. it is a bit confusing but once you see this example i attached you will be fine. i did the same in my case last week, and the clerk entered it in Pacer, i didn't get any bad feedback from the clerk. so it's all good. i included a written statement, copy of my certified receipts and copy of the usps website search results. that's all you need.
good luck

 

[Suzy977]

Hi Guys,

I filled my petition and it will be 60 days next week. USDA did not attempt to contact us to settle as we were expecting. We are thinking of entering a default judgment. Does anyone have an experience with default judgments? Has it been granted?

Thanks

First, I'm almost sure that the US Attorney will provide a response, most likely 59 days, 23 hours and 59 minutes after s/he was served.

In the unlikely event that they fail to respond, you can and you should request a the Judge to enter a judgment by default.

It's up to the Judge to grant your request or to give them another term to come up with a response.

In short, if they don't answer by the end of the 60 day, it's a good thing, but I doubt it is going to happen.

 

[Suzy977]

I notice there are many people on this forum has been waiting for few years without any decision. Thanks,

jiaqi

Because some of them were stupid and ignorants. And now I'm talking strictly for myself

If I wasn't scared and outraged by my ex-lawyer who asked $20,000 to file a lawsuit, and if I wasn't lucky enough after he mentioned the word "Mandamus" to google it and to find this forum...I may still be waiting for my citizenship

In conclusion: Those who waited for years (including me) were wrong. You have the right to sue USCIS after 120 days...don't make the same mistake we've made.

 

[buggin]

Do you mean Alberto Gonzales? Yes, I did.
Thanks a lot! I'm also in Northern California District, having the same form of summons but didn't understand that it is a form fot return service.

Emta, Alberto Gonzales is the US Attorney General. Yes, you did need to serve him. But at the same time you need to serve the US Attorney Office for the Northern District of California. The US Attorney's Office is usually located in the same building with the district court you filed you lawsuit with.

Serve the US Attorney as soon as you can. Remember 60 days don't start until you serve the US Attorney.

Check this link. You can find the right address for the US Attorney on this web site.
http://www.usdoj.gov/usao/can/

The US Attorney will represent all your defendants (including Alberto Gonzales) and you will deal only with him/her.

 

[zzerous]

The US Attorney has been served.

 

[zzerous]

First, I'm almost sure that the US Attorney will provide a response, most likely 59 days, 23 hours and 59 minutes after s/he was served.

In the unlikely event that they fail to respond, you can and you should request a the Judge to enter a judgment by default.

It's up to the Judge to grant your request or to give them another term to come up with a response.

In short, if they don't answer by the end of the 60 day, it's a good thing, but I doubt it is going to happen.

thanks

 

[cajack]

Suzy977:

Thank you for your nice and kind words. I love this forum. People here are very nice and helpful. Thank you very much.

Jack

Because some of them were stupid and ignorants. And now I'm talking strictly for myself

If I wasn't scared and outraged by my ex-lawyer who asked $20,000 to file a lawsuit, and if I wasn't lucky enough after he mentioned the word "Mandamus" to google it and to find this forum...I may still be waiting for my citizenship

In conclusion: Those who waited for years (including me) were wrong. You have the right to sue USCIS after 120 days...don't make the same mistake we've made.

 

[buggin]

I'm really got stupid will all this papers.

Believe me, you are not alone... We are all in the same boat here...

Is it really taking so long to get return recipts? I've got the Californian portion (from USCIS distric director and District Attorney) really fast and hoped to have all from Washington this week.

Somebody on this Forum suggested not to wait for the return receipts. Check on the USPS web site when your packages are delivered. Print out the confirmations. Attach the print outs to the Return of Service form (filled out by you) and the summons. A few people here did the same, instead of waiting for the green receipts. I checked today and all my packages were already delivered. So, I am going to do it this way.

 

[gzmbk1]

Got a quick question.
How long after filing a pro se based on a 1447b were the summons received by the court to be sent out?

I've filed my petion on the 05/25, still haven't heard from the court with the summons!!!!

I'm here in baltimore.. anyone experienced this delay?

maybe the district court lost my papers as well, just like INS lost my name check

 

[qim]

Because some of them were stupid and ignorants. And now I'm talking strictly for myself

If I wasn't scared and outraged by my ex-lawyer who asked $20,000 to file a lawsuit, and if I wasn't lucky enough after he mentioned the word "Mandamus" to google it and to find this forum...I may still be waiting for my citizenship

In conclusion: Those who waited for years (including me) were wrong. You have the right to sue USCIS after 120 days...don't make the same mistake we've made.

I agree with Suzy977, cajack. I was not among those waiting for years, still... my interview was in April 2005 but I filed only in February 2006. Most definitely, I waited too long and it was wrong and not rational.

But I guess I can somewhat understand motives behind certain hesitation to file next day after 120. If you REALLY feel uncomfortable with doing this, why don't you file say 20 to 40 days after 120?

 

[buggin]

Got a quick question.
How long after filing a pro se based on a 1447b were the summons received by the court to be sent out?
maybe the district court lost my papers as well, just like INS lost my name check

Gzmbk1,
Did you evern gave the court clerk the summons filled out by you?
I filled out the summons and submitted it to the court clerk at the same time I filed my 1447(b) petition. The clerk stamped the summons and gave it back to me. I was able to serve right away.
Print the summons form from you court's web site, fill it out, and send it to the court clerk. Otherwise, you may be waiting for a long time.

 

[kabi24]

Got a quick question.
How long after filing a pro se based on a 1447b were the summons received by the court to be sent out?

I've filed my petion on the 05/25, still haven't heard from the court with the summons!!!!

I'm here in baltimore.. anyone experienced this delay?

maybe the district court lost my papers as well, just like INS lost my name check

I also forgot to give the clerk the summons at the same time i filled. so i sent them in the mail. and got'em back a week later. just give them some more time ok.

 

[gzmbk1]

I've actually mailed my forms. I sent out 8 copies of the summon, just as the clerk had instructed. Even got a receipt the next day saying that they had received the paperwork.

I was told by someone that maybe for pro se, the judge or clerk reviews the paper before stamping it and sending it out.
Could that be true?

I hasn't been 2 weeks yet, but who knows

 

[kabi24]

I've actually mailed my forms. I sent out 8 copies of the summon, just as the clerk had instructed. Even got a receipt the next day saying that they had received the paperwork.

I was told by someone that maybe for pro se, the judge or clerk reviews the paper before stamping it and sending it out.
Could that be true?

I hasn't been 2 weeks yet, but who knows

I think they usually stamp them and send thrm back ASAP because they already accepted your case and stamped it. if it is over a week already . i would call them and check.

 

[Mr LA]

Suzy977:

Thank you for your nice and kind words. I love this forum. People here are very nice and helpful. Thank you very much.

Jack

Cajack,
We all here for each other, make sure someone helped us before we help you. I just wish we all be there for each other...... are you from Cali Jack

 

[verywang]

U.s. Attorney

it has been two weeks since I filed my case. I was anxious to find out which US attorney was assigned to my suit. I could not reach any clerks live so I decided to call randomly one of the us attorney's office. He was surprised that I found his number but very friendly. He said he would help me to find out my case's us attorney assignment and encouraged me to call him back. He even joked with me saying that "you are very welcome to harrass me in a day or two if you do not hear from me."
do you guys think i am a little too early to ask about who handles my case?

 

[Emta]

Emta, Alberto Gonzales is the US Attorney General. Yes, you did need to serve him. But at the same time you need to serve the US Attorney Office for the Northern District of California. The US Attorney's Office is usually located in the same building with the district court you filed you lawsuit with.

Serve the US Attorney as soon as you can. Remember 60 days don't start until you serve the US Attorney.

Hm. Kevin Ryan, U.S. Attorney for Northern California is one of my defendants. So, he has been served together with other defendants and I've already got a confirmation reciept from his office. I've put him as a defendant following an example on another (russian language) immigration forum. The author of this example had a quick success with his §1447 (b) lawsuite -> naturalization. Do you think sending him summons + all docs as a defendant is enough?

Will also follow your advice not to wait for all return reciepts.

Thank you!

 

[Emta]

Hey there. On the website of your district court you should find and download the proof of service sheet. it is a bit confusing but once you see this example i attached you will be fine.

Thanks a lot Kabi24. Your sample is very helpful.

 

[AL11]

Hm. Kevin Ryan, U.S. Attorney for Northern California is one of my defendants. So, he has been served together with other defendants and I've already got a confirmation reciept from his office. I've put him as a defendant following an example on another (russian language) immigration forum. The author of this example had a quick success with his §1447 (b) lawsuite -> naturalization. Do you think sending him summons + all docs as a defendant is enough?

Will also follow your advice not to wait for all return reciepts.

Thank you!

Actually the US attorney for Northern California is not a defendant, he is the lawyer of the defendands. if you received a confirmation, then I think you should be fine.

 

[Balto]

gzmbk1, you are in Maryland,

I've actually mailed my forms. I sent out 8 copies of the summon, just as the clerk had instructed. Even got a receipt the next day saying that they had received the paperwork.

I was told by someone that maybe for pro se, the judge or clerk reviews the paper before stamping it and sending it out.
Could that be true?

I hasn't been 2 weeks yet, but who knows

If I am not mistaken. I filed in person in Baltimore and got everything back 6 days later in the mail. The clerk did say that the "in-house attorney" will need to look at my complaint since I am filing Pro Se.

Hope this helps.

Regards,

Balto