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

wala.dou said:
I’m preparing my lawsuit as well, since my case is processed with Dallas field office, should I include the acting director of Dallas field office; if so where can I find his name? I’ve called the hopeless 800 number and the lady told me she could not provide such information, I guess confidential
Click to expand...

This may be a little outdated but see: http://www.americanconservativedail...nd-immigration-services-leadership-directory/

DALLAS DISTRICT OFFICE (DAL)
District Director: Lisa Kehl
Field Office Director: Tracy Tarango
8101 North Stemmons Freeway
Dallas, TX 75247
Phone: (214) 905-5724/5720
Fax: (214) 905-5559
 
Thanks BigJoe5; the address is bit old, I don’t know about the names thought.
By the way will be O.K to ask members for lawyer’s referral, I’m having hard time find an honest aggressive one; meanwhile I don’t want to violate this forum rules.
 
If you can't come up with an actual person's name then just list the position title(s): Dallas District Director, Dallas Field Office Director, etc..
 
cafeconleche said:
This morning I got electronic acknowledgment that my papers have been filed by the court, and they even sent my receipt. Pretty cool. It says if I want to access some of the documents I'll have to pay (is this Pacer?).
Click to expand...

Cafe,

Why did you include this " [FONT=&quot]WHEREFORE, in view of the arguments and authority noted herein, Plaintiff respectfully prays that the Defendants be cited to appear herein and that, upon due consideration, the Court enter an order adjudicating Plaintiff’s Application for Naturalization, and if the court finds Plaintiff eligible for naturalization, to administer the Oath of Allegiance to Plaintiff. In the alternative, the Court may remand requiring Defendants to immediately adjudicate, and preferably approve, Plaintiff’s naturalization application."[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]Especially the red highlighted portion in your prayer? I don't think you should have proposed to the Judge remanding the case back to USCIS for final adjudication. Unless you were prepared to stipulate the "time which the Judge should set for USCIS to adjudicate your case".... for example, within 30 days of withdrawing your case.
[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
 
Call the Dallas office and ask for the director's name. That's what I did for the Garden City office.

Al, I got most of the sentence you highlighted from a sample lawsuit that I ripped off. I noticed that line in many others, but I did add the "preferably approve" section because if the judge decides to remand, I hope he/she stipulates an approval after reviewing my case details. I think most of the time the case is remanded because the court would rather CIS do the work. No harm done if that is not stipulated, I guess. I really just want SOMETHING to happen.

Should I have mentioned a certain time frame? I thought the court usually did that in order to resolve the issue quickly.
 
Hi there,

Anyone in this forum had experience filing the lawsuit in San Francisco. My 120 days will be on December 24th, and I plan to file the lawsuit , simply because I want to know what is going on with my application. I had 2 infopass appt and called many times, and they couldn't even tell me what happened with my case. On my last infopass, the customer service even told me that there was no benefit/use for me kept making infopass appt, since there is no additional info about my case. Any tips would be great.
 
I just got the court papers in the post. Pretty fast. They sent me an original summons, 3 copies, 3 copies of the actual complaint, a receipt, copy of the envelope cover, instructions on how to serve, all with the case number in blue and COPY stamped in red (except for the original summons).

I also got the result of my FBI FOIPA request. They say that based on the information I provided, they conducted a search of the indices of their Central Records System but were unable to identify responsive main file records. I guess this means they have nothing on me? They also mention that they can't confirm or deny that I'm on a watch list, etc.

So, I have a couple of questions:

1. Do I keep the original summons?
2. There are 6 defendants, but only 3 copies of the summons and complaint. I assume I can make 3 more copies and send them, or do they have to be copies with the court's original stamp?
3. Should I amend the complaint to include the news about the FOIPA request?

Thanks for your help, guys.

Also, these are the defendants and their addresses. Can anyone confirm if they are correct, or if I should be sending correspondence to another address:

Secretary Janet Napolitano
DHS
Washington DC 20528

Director Alejandro Mayorkas
USCIS
425 I Street NW
Washington DC 20536

Director Andrea Quarantillo
USCIS
Jacob Javits Federal Building
26 Federal Plaza
New York NY 10278

Director Mario Curti
USCIS
711 Stewart Avenue
Garden City NY 11530

Attorney General Eric Holder
DoJ
950 Pennsylvania Avenue NW
Washington DC 20530

Director Robert Mueller
FBI
935 Pennsylvania Avenue NW
Washington DC 20535
 
Last edited by a moderator:
for Janet Napolitano,you have to send the Summons/complain to the Office of the General Counsel.Director Alejandro Mayorkas send to Office of the chief counsel, Director Andrea Quarantillo and Director Mario Curti both work for USCIS so you also need to send the summons to the Office of the Chief Counsel but you can aslo send them a copy(you do not have to).So the addresses should be:

JANET NAPOLITANO
Secretary of the Department of Homeland Security,
Office of the General Counsel,
U.S Department of Homeland Security
Washington, DC 20528.

ALEJANDRO MAYORKAS
Director of U.S Citizenship and Immigration Services,
Office of the Chief Counsel
20 Massachesetts Ave. N.W., Room 4210
Washington, DC 20529.

Andrea Quarantillo
U.S Citizenship and Immigration services
U.S Department of Homeland Security
Office of the Chief Counsel
20 Massachesetts Ave. N.W., Room 4210
Washington, DC 20529.

Mario Curti
U.S Citizenship and Immigration Services
U.S Department of Homeland Security
Office of the Chief Counsel
20 Massachesetts Ave. N.W., Room 4210
Washington, DC 20529.

Eric Holder's address is correct.As for the FBI DIRECTOR,I did not have to send him because I do not have the name check issue anymore.Hope those addresses help.As for my local director,i sent my stuff to the above address and I also sent him a copy at the local address(but you do not have to do this because it is not a requirement)but make sure you send the stuff to the Office of the Chief Counsel.
 
Last edited by a moderator:
Well, the court clerk said that it was ok to send the summons' directly to the defendants as the US Attorney was really the one who would be defending them and once her office got the complaint, it didn't matter if the General Counsel for the defendants got the summons' directly. Still, I sent them to the General Counsels' office for Mueller, Napolitano, and Mayorkas, but directly to the New York and Garden City offices for those directors. Will this be a problem?
 
it really should not be an issue.As long as the US ATTORNEY received it,you should be okay because that is who you will be dealing with.
 
MR CALI said:
it really should not be an issue.As long as the US ATTORNEY received it,you should be okay because that is who you will be dealing with.
Click to expand...

Cafeconleche,
Don't you have to forward a copy to your USA or AUSA ????. Ultimately you will be dealing with a AUSA. How does he get it- from you direct or from local USCIS office ??? Just keen to know.
 
I did send the US Attorney a copy, and I included that certified receipt for the court. The court clerk didn't say I needed to send him the return receipts, though, so I'm not sure what will be considered the beginning of the 60 days- the dispatch day or the receipt day. Also, I sent the USA a copy of the summons. I wasn't sure if I needed to since she isn't a defendant, but I didn't include her name in the summons, and I thought it would be a courtesy copy.
 
BigJoe5 said:
After you win your case, you can sue them for costs under EAJA.

SEE: http://www.ca10.uscourts.gov/opinions/07/07-4260.pdf this but one of many cases out there.........
Click to expand...

These cases never go through trial and end up getting withdrawn by the plaintiff 95 out of 100 times, so it will not come to that, once local DO receives the summons, if the only hold up is name check clearance they will put a expedite request and get it done in no time from FBI.
The 60 day period starts when the AUSA gets served either by you or USPS.
 
In all instances that I experience the AUSA only fights and files MTD is when there is more than just a name check clearance issue.
At that point the plaintiff will file the answer to MTD, I had already prepared my answer to MTD but it never came to that point and they gave me a oath letter and I signed the request to dismiss without prejudice.
 
Nice. I really hope that's how it will go down. I'll post more questions here once I hear from the AUSA. Cheers guys. I can't express how great this forum is.
 
Got an email from the court today indicating that I have served the defendants and that the deadline for them to submit an answer is February 18. Pretty cool. They used the summons posting date and not the receipt date. I haven't sent the court proof that the summons' were received, but it looks like they don't need it. I will call them tomorrow and ask. I suppose I should call the US Attorney this week too?
 
You must log in or register to reply here.
Top