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

Haddy said:
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...
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from the pro se hand book
"Rule 12(a)(3)(A) from the federal rule of civile procedures stated that, the United States, agency of the United States, or an officer or agent of the United States sued in an official capacity must file a written response to the complaint within sinxty days after the united states attorney is served"
therefore that should be the deadlines for them(uscis, us attorney, and DHS secretary) to file theior written resonse.
 
Haddy said:
I agree with you Mohamed... I am going to use the local rules...
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Apparently I didn't pay much attention to the last detail :eek:

1. The 60 day period is over.
2. US Atty. stated that he is going to file a motion to dismiss tomorrow :eek:

Based on 1 & 2 above, I agree with the other guys, file the motion to enter a default judgment a.s.a.p.
 
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mohamedmohamed said:
is this going to be a live A&Q session, or should we ask our questions now, and hewill answer tomorrow?
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It is a live Q&A. But we can ask questions now. Fill in their system with all FBI name check questions.
 
Suzy977 said:
Are you sure the successful Plaintiff in you District didn't say that you have to serve the US Attorney instead of suing US Attorney?
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Yes, I'm absolutely sure she sued US Attorney, she shared her petition text with me. Actually she is registered here as well, participated in this thread, you probably remember her, her nick is olgat. She is confident that it was right thing to do and I trust her, she was digging in very deep and working hard on the case.
 
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Just sue manand save some time.

AL11 said:
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.
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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Hey Al, save yourself some time and go for it don't even bother waiting (unless the 350$ is an issue). You can always dismiss if the intent to sue works.
for my case update:
i contacted the US attorney by email last night right after she got the case( idon't want to let them take too much time), this morning i got an answer back letting me know that she will review it. i already know that she was handling a similar case a few months ago. that case was dismissed to let the USCIS adjudicate it. She seems nice anyways.

good luck for yours.
 
Good find

eb1quota said:
http://www.whitehouse.gov/ask/
Tomorrow, Chief David Aguilar, Office of Border Patrol, U.S. Department of Homeland Security, will discuss immigration reform and border security Thursday at 4pm ET.
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This is a good find, i did send a question.
I encourage all of you to do the same so they can be more aware of this SHtuff. :D
 
Haddy said:
I am planning to file motion to default judgement before he does.
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Hey Haddy, First off NO sweat, this guy is just trying to intimidate you. this is not just going to end like that. even if he files his motion it's not like as soon as he files anything that's it ...You know what i am saying. ;)
This is what i would do:
I would definitely put in my request for default judgement requesting that the court forces USCIS to get their things together (but you better do it first thing in the morning because the AUSA uses electronic filling using CM/ECF - PACER-). then i'll wait and see what the AUSA will do. i think that the judge will contact the AUSA to have him give a response, or at least ask for a motion for extra time.
in the case the AUSA puts a motion to dismiss. you will have time to fight that on the grounds listed in the dismissal motion... you will have to wait and see what's the AUSA basically has to say, and it's probably going to be BS like: that you havent waited enough or that you are not hurting that much or some crap like that.
In any case, USCIS cannot just deny your application without any GOOD reason, because there are ways of recourse at all stages...
Good luck
 
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kabi24 said:
Hey Haddy, First off NO sweat, this guy is just trying to intimidate you. this is not just going to end like that. even if he files his motion it's not like as soon as he files anything that's it ...You know what i am saying. ;)
This is what i would do:
I would definitely put in my request for default judgement requesting that the court forces USCIS to get their things together (but you better do it first thing in the morning because the AUSA uses electronic filling using CM/ECF - PACER-). then i'll wait and see what the AUSA will do. i think that the judge will contact the AUSA to have him give a response, or at least ask for a motion for extra time.
in the case the AUSA puts a motion to dismiss. you will have time to fight that on the grounds listed in the dismissal motion... you will have to wait and see what's the AUSA basically has to say, and it's probably going to be BS like: that you havent waited enough or that you are not hurting that much or some crap like that.
In any case, USCIS cannot just deny your application without any GOOD reason, because there are ways of recourse at all stages...
Good luck
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Thanks Kabi24 for your detailed response. I'll keep it in mind.
 
Suzy977 said:
Are you sure the successful Plaintiff in you District didn't say that you have to serve the US Attorney instead of suing US Attorney?

US Attorney hasn't any jurisdiction nor involvement with your Naturalization case. It looks to me like, for example, you were suing the Mayor of your city in the above matter...no relation whatsoever between him and the immigration case.
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While preparing my case I came across a suggestion (some document posted somewhere on this forum or on Court webpage since I have not read anything else for my WOM) to include as many people as defendants as you want, as long as at least some of them can have jurisdiction with your case. If THEY have a problem with some of the people included, judge can just rule not to sue one/two/more of the defendants, and his/her name will be removed. I will not be able to find where I read this, but the bottom line was "don't hesitate to include extra people, it will not hurt your case".
 
kabi24 said:
Hey Al, save yourself some time and go for it don't even bother waiting (unless the 350$ is an issue). You can always dismiss if the intent to sue works.
for my case update:
i contacted the US attorney by email last night right after she got the case( idon't want to let them take too much time), this morning i got an answer back letting me know that she will review it. i already know that she was handling a similar case a few months ago. that case was dismissed to let the USCIS adjudicate it. She seems nice anyways.

good luck for yours.
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Hi Kabi24,
good to hear from you, The only reason I am waiting is to give the letter that I send to the white house a chance to work, I am getting quite antsy though and I may just file in the next week or so.
How did you get the name and e-mail address of the US attorney assigned to your case, I find it very difficult to get through the civil case department for the office in Seattle all my calls went unreturned. I was able to get the info from the Public affairs lady. Any tips would be helpful.
Good luck to you too.
 
Haddy,

Best of luck and strength for you in your case! When you fill the motion for default judgement, could you please post it here, so we'll see how it looks like...

I hope my wom will work without it, but you never know what's in their heads. Thanks lots.

My count down started 6-7-6...
 
ls691035 said:
While preparing my case I came across a suggestion (some document posted somewhere on this forum or on Court webpage since I have not read anything else for my WOM) to include as many people as defendants as you want, as long as at least some of them can have jurisdiction with your case. If THEY have a problem with some of the people included, judge can just rule not to sue one/two/more of the defendants, and his/her name will be removed. I will not be able to find where I read this, but the bottom line was "don't hesitate to include extra people, it will not hurt your case".
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I totally agree with you, is correct what you say. You can include as many people as you want, and whoever you want...

Though, and this was and still is my personal opinion:

-The US Attorney doesn't have anything to do with the naturalization case and shouldn't be name as one of the defendants.
-You want to look prepared and knowledgeable, and by including "extra people" it may not look that way. (In fact, Ron Gotcher sustain the idea that only CIS should be sued and nobody else)

In my complaint, I've listed for each of the defendants the reason why he was sued.

I'll be very curious to know what was olgat's justification to listed US Attorney as a defendant.
 
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Default Judgement or Not!!!

After reading the Fed Rules for Civil Proc:

the United States, agency of the United States, or an officer or agent of the United States sued in an official capacity must file a written response to the complaint within sixty days after the united states attorney is served.

I think AUSA was clever and waiting for the last moment to file his motion to dismiss my case. I mentioned earlier about the deadlines: Local USCIS DO deadline was 06/06/2006... Chertoff's deadline is 06/17/2006... but i forgot to mention and had totally forgotten until now... that the Local US Atty's Deadline is 06/09/2006 as Civil Process Clerk were served on 04/10/2006...

Does any one know some kind of rule around the above mentioned Fed Rules for Civil Proc...
 
It is my understanding that the clock starts ticking as soon as the US Atty is served with copies of the complaint and summons. The date of service is the postmark on the envelope and if it can't be read or if it wasn't sent by mail, then it is the day it was recieved by the US Atty's office.

In my case I sent summons by certified mail. It was delivered to the US Attorney within 2 days, Attorney General within a week, and USCIS HQ took about 2.5 weeks. Bu the deadline was set with the postmark date on the mailing receipt.
 
bashar82 said:
It is my understanding that the clock starts ticking as soon as the US Atty is served with copies of the complaint and summons. The date of service is the postmark on the envelope and if it can't be read or if it wasn't sent by mail, then it is the day it was recieved by the US Atty's office.

In my case I sent summons by certified mail. It was delivered to the US Attorney within 2 days, Attorney General within a week, and USCIS HQ took about 2.5 weeks. Bu the deadline was set with the postmark date on the mailing receipt.
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Wow... GreatPoint... I am going to see if the clerk of the court can answer this question... Which I am sure they won't... May be then I should file the Default Judgment Motion...
 
bashar82 said:
It is my understanding that the clock starts ticking as soon as the US Atty is served with copies of the complaint and summons. The date of service is the postmark on the envelope and if it can't be read or if it wasn't sent by mail, then it is the day it was recieved by the US Atty's office.

In my case I sent summons by certified mail. It was delivered to the US Attorney within 2 days, Attorney General within a week, and USCIS HQ took about 2.5 weeks. Bu the deadline was set with the postmark date on the mailing receipt.
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How can we look at the local rules about deadlines...
 
AL11 said:
How did you get the name and e-mail address of the US attorney assigned to your case, I find it very difficult to get through the civil case department for the office in Seattle all my calls went unreturned. I was able to get the info from the Public affairs lady. Any tips would be helpful.
Good luck to you too.
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Hey there.
i actually look at the Pacer almost on a daily basis, the AUSA info was on the lawyers motion to enter the case with the court. she has all the info. phone email address etc.
I do most of my communication via email, it's a little easier
 
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