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

intent to sue letters don't work

This is a proof that an intent to sue letter doesn't work.
I send an intent to sue letter to USCIS and US attorney last month and gave them unitl June 23ed to respond. I e-mailed the US attorney office today and inquired whether these letter get assigned to an attorney or just simply filed until the lawsuit happens.
This is the response I got:

Mr. xxxxxxx,
I checked with our Civil Division Chief regarding your inquiry. Cases are assigned to an attorney after they are filed with the court and we are served with the lawsuit. While the letters you referenced are reviewed, I believe they are simply retained pending the actual filing of the lawsuit.
Thank your for your inquiry,

Proponents of the intent to sue letter say that it will make the US attorney ask USCIS to resolve the matter before the lawsuit is filed. if the US attorney doesn't push USCIS to do that then for sure USCIS will not do it on their own.
Well, here is the proof that the US attorney will just ignore this letter and not do anything about it.
Anyway, I am gonna wait until 6/23 before I file. but for those thinking to send such a letter, don't waist your time, despite what the lawyers tell you
I think this used to work few months ago when they did not have so many cases against USCIS, but now since they have tons of cases like this they just wait until the lawsuit happens.
 
maoliz said:
I asked this question two days ago. Did anyone file under 1447b get their case resolved without FOIPA information?
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You don't need to include your FOIPA answer to your 1447(b) case.
Just keep it, you may want to use it later, if necessary.
 
AL11 said:
Anyway, I am gonna wait until 6/23 before I file. but for those thinking to send such a letter, don't waist your time, despite what the lawyers tell you
I think this used to work few months ago when they did not have so many cases against USCIS, but now since they have tons of cases like this they just wait until the lawsuit happens.
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You said it yourself, and I said that so many times: it's just a waste of time. Don't wait anything, just sue them, Period.
 
Haddy said:
Alright guys this is what has happened today...

I talked to AUSA today as it was passed the 60 days for the DO. Basically he sd that he is filing a motion to dismiss my case because I dont have any grounds... he sd that people are waiting for dacades for these kind of cases to resolve... he sd that USCIS cannot do anything... FBI is not done with my background check and I should file motion to dismiss without prejudice as I dont have any ground in this case... he also threatened me that if USCIS denies my case today I won't have any case and that is why I should myself file motion to dismiss without prejudice... He is going to file motion to dismiss on my case tomorrow... I am planning to file motion to default judgement before he does...

I am feeling really really down... I am working 2 jobs now trying to make it... and the feeling of being denied while my case pending in court...

Any help like text or format or even a single point or a law citation will really be appreciated... I am going to file this tomorrow first thing...
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Hady,
Don't give up, the attachment is an argument against dismissing a similar case. study it and prepare yours after you review his memo.
This is specifically dealing with a request of dissmisal for lack of subject matter jurisdiction. you need to see what is exactly his reason for dismissal.
Also, you need to research PACER and find cases in your jurisdiction that are similar so you can site them in your argument.
Also, you may want to think about talking to a lawyer with experince in WOM cases in your area.
Good luck and stay strong.
 
Motion For Default Judgment

mohamedmohamed said:
local rule 1(3) of your district stated the sanction that can be imposed in the case of failure to aswer within the dealines, here what it says:
"failure to cmply withthe local rules may be santioned by any appropriate means needed to protect the parties and the justice,these sanctions includes excluding evidences, preventing witness from testifying,striking of pleading or papers,refusing oral argument, imposing attorney fees, or any other appropriate sanctions"
other apropriate santions, in these , should mean to you, that you ask the court to grant you request for the WOM, and ignore any request that could be sumitted by the oppsing partie, after the dealines, basically, a default judgement.
as from the text of the local rules 1 (3) you can also ask the court to exclude any evidence, or refuse any oral argument of the US attorney.

what all these can do, is to make _their already weak case_ even weaker, and embarrace them on front of judge, which all should music to your ears.
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Thanks Mohamed and Buggin and every one else.... I have this Pro Se hand book... Read page 48... What do you guys think about it... I also see Suzy here... Will appreciate every one's input...
 
Haddy said:
Thanks Mohamed and Buggin and every one else.... I have this Pro Se hand book... Read page 48... What do you guys think about it... I also see Suzy here... Will appreciate every one's input...
Click to expand...

You should also contact the USAttorney and tell him/fax him the USCIS memo that talks about expaditing FBI name check as a result of a WOM case.
So when he said there is nothing the FBI/USCIS can do he is wrong.
you can also use the memo as a weopon with the judge in your response to his argument.
the memo was listed earlier in the forum, I am sure you can find it, if not I will try to help you finding it.
Good luck
 
AL11 said:
You should also contact the USAttorney and tell him/fax him the USCIS memo that talks about expaditing FBI name check as a result of a WOM case.
So when he said there is nothing the FBI/USCIS can do he is wrong.
you can also use the memo as a weopon with the judge in your response to his argument.
the memo was listed earlier in the forum, I am sure you can find it, if not I will try to help you finding it.
Good luck
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Thanks AL11... I really appreciate your help too... I did add that as my exhibit in my case... I am not going to hesitate to add that along with Cannon's/Garritty's testimonies...
 
Haddy said:
Thanks AL11... I really appreciate your help too... I did add that as my exhibit in my case... I am not going to hesitate to add that along with Cannon's/Garritty's testimonies...
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Do not rush with your answer, study this thread carefully, maybe over the weekend, and prepare a well documented answer, so they will see that you mean business and you know what are you talking about.
 
Suzy977 said:
Do not rush with your answer, study this thread carefully, maybe over the weekend, and prepare a well documented answer, so they will see that you mean business and you know what are you talking about.
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Suzy, First of all thanks for replying... I was planning to file Motion to default Judgment tomorow... Do you think I should wait for the AUSA to file Motion to dismiss my case and then file my answer...
 
fightback said:
Here in Northern FL district does the same thing. The clerk can not stamp my summon b/c he said he need wait for Jugde's ruling. I filed May17 and still waiting. So we are in same boat.
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I had given them a call this morning, since I hadn't received the summons. The clerk was polite and said that they had mailed it yesterday.
I've got my summons back with a case number today. Will mail them out tomorrow.
I'm sure you'll get yours soon as well.
 
buggin said:
I file in San Francisco, and the clerk stamped my summons right away. I guess it is different from court to court.
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buggin and all friends here, I am so happy today b/c I got my summons stampted today. But I got a question. I have a summon for each defendant say I have 6 defendants so I have 6 summons total. Should I mail them original one or should I mail each copy of the summon to the defendants? Also I should include the complaint but not exhibits right? Thank you very much for your help in advance. Please help me asap b/c I want to mail them out tomorrow. Thanks!
 
Haddy said:
Suzy, First of all thanks for replying... I was planning to file Motion to default Judgment tomorow... Do you think I should wait for the AUSA to file Motion to dismiss my case and then file my answer...
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Yes, let him/her make the first step. You'll know exactly what kind of s**t is s/he eating and you'll know how to counterattack ;)
Right now you're shooting in the dark, besides that I have a feeling (I may be wrong) that s/he told you all that b.s. just to intimidate you and to convince you to dismiss your case...

Don't get "bored" study and prepare your case...and at the end, you can yell at me that you worked for nothing, because your case was approved before you had a chance to use your motion :D :D :D
 
Haddy said:
Suzy, First of all thanks for replying... I was planning to file Motion to default Judgment tomorow... Do you think I should wait for the AUSA to file Motion to dismiss my case and then file my answer...
Click to expand...

Oooops, Motion to Default Judgment? Are the 60 days over and they didn't reply at all?
If that's the case, then file it, but I still say to do it Monday so you have it prepared nicely over the weekend.
 
Haddy said:
Suzy, First of all thanks for replying... I was planning to file Motion to default Judgment tomorow... Do you think I should wait for the AUSA to file Motion to dismiss my case and then file my answer...
Click to expand...

I am not suzy, but I think you should file it tomorrow before him, since he told you he is gonna file it tomorrow. If you wait until Monday and he files his motion for dissmisal then you can not file a motion for default judgment, but rather you have to respond to his motion of dissmisal.
I think that if you file a motion for default Judgment (early in the morning) you will have the upper hand and he will look much weaker
 
mohamedmohamed said:
local rule 1(3) of your district stated the sanction that can be imposed in the case of failure to aswer within the dealines, here what it says:
"failure to cmply withthe local rules may be santioned by any appropriate means needed to protect the parties and the justice,these sanctions includes excluding evidences, preventing witness from testifying,striking of pleading or papers,refusing oral argument, imposing attorney fees, or any other appropriate sanctions"
other apropriate santions, in these , should mean to you, that you ask the court to grant you request for the WOM, and ignore any request that could be sumitted by the oppsing partie, after the dealines, basically, a default judgement.
as from the text of the local rules 1 (3) you can also ask the court to exclude any evidence, or refuse any oral argument of the US attorney.

what all these can do, is to make _their already weak case_ even weaker, and embarrace them on front of judge, which all should music to your ears.
Click to expand...
Mohamed, How did you get to this local rule... Can you please provide the website address please...
 
AL11 said:
I am not suzy, but I think you should file it tomorrow before him, since he told you he is gonna file it tomorrow. If you wait until Monday and he files his motion for dissmisal then you can not file a motion for default judgment, but rather you have to respond to his motion of dissmisal.
I think that if you file a motion for default Judgment (early in the morning) you will have the upper hand and he will look much weaker
Click to expand...
Thanks for the support AL11... I am working on the same... And I am thankful to Suzy too... and appreciate everyone's response...
 
Haddy said:
Thanks Mohamed and Buggin and every one else.... I have this Pro Se hand book... Read page 48... What do you guys think about it... I also see Suzy here... Will appreciate every one's input...
Click to expand...
this book contain important refrennces, however, you have to distinguish between the local rule, and federal rules, local rule of theis bood, mot likely have some to do with the district courts of california, even the federal rules in this books, shouldb used only when they conflict with the local rules in your district.
so my advice, get the local rules/civile procedures in your district, and you can use anything of them to support yourmmotion.
 
Suzy977 said:
Oooops, Motion to Default Judgment? Are the 60 days over and they didn't reply at all?
If that's the case, then file it, but I still say to do it Monday so you have it prepared nicely over the weekend.
Click to expand...
Now this is the SUZY we all know... Suzy I totally understand your point filing on Monday... ok this is the scenario... DO's deadline was 06/06/2006 and Michael Chertoff's deadline on June 17...
 
AL11 said:
I am not suzy, but I think you should file it tomorrow before him, since he told you he is gonna file it tomorrow. If you wait until Monday and he files his motion for dissmisal then you can not file a motion for default judgment, but rather you have to respond to his motion of dissmisal.
I think that if you file a motion for default Judgment (early in the morning) you will have the upper hand and he will look much weaker
Click to expand...
i agree with you 100%
 
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