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

[sfaizullah]

Thanks for the help. Did you mail the letter certified or just regular 37 cents? Thanks!

I did send it certified (may be I was not expecting a reply and wanted to have proof.) I is upto u, I think normal letter should work. BTW, it is 39 cents now.

 

[buggin]

Ok, but my question is why is he able to do so..isn't everybody on
the street,especially in CA , knows "court gets the jurdiction" by now?

It could be that they were just running out of time to get the matter resolved, that is why they filed this answer. They must submit their answer within 60 days, otherwise they can be in trouble with the court. I am sure this case was actually resolved in favor of the petitioner.

 

[buggin]

I talked to another attorney in my district who has been to a hearing for her client (1447b) and the client's application has been pending for one year! The attorney said the Judge has been siding with the Gov't on pending security checks which aint making me feel at ease. My situation is rather unique since I enforce laws (Federal, State & local!!)...and it just doesn't make sense for a law man to have "pending security checks."

Dubu, are you in the military? Law enforcement?
In my opinion, judges have to abide by law that says that we (LPRs) do have to get our name checks cleared before we can get naturalized. However, I also believe that judges must enforce laws as well. For example, the law that says that the USCIS must make a decision on naturalization applications within 120 days from the day of the initial interview.
I believe that if you had your interview and no decision in 120 days, you have a right to file your petition. That is the law, and no judge can ignore it.

 

[lt1GM]

Update of my 1447 (b) case in NJ

Ok, so I am now a US citizen! Many, many thanks to Publicus et.al.!
My ceremony was this past Friday in Newark, NJ. I didn't think it was very dignified, but what the heck. Funny thing was the USCIS guy in his little speech said numerous times "your journey with USCIS is now OVER" - I could barely restrain myself from applauding!!

And here's two more things:

FBI. The day before the ceremony, I receive my FOIPA result letter, which states:

"A search of the indices to our central records...reflected...documents potentially responsive to your request...we were advise the records were not in their expected location and could not be located...another attempt was made...unsuccessful results. Therefore, we are closing your request administratively."

Sorry, Mr. Taxpayer, we think we have some records on you, but we're so disorganized we can't even find our own ass with our hands.

District Attorney. I come home from the ceremony to find a letter from the DA. It's a copy of the court filing where they ask for a 15-day extension (the 60 days are up this Wednesday 06/14).

It's pretty clear they haven't even looked at my case yet.

What do guys think, should I call them and let them know I'm already a citizen? Or should I have them go through the motions and find out by themselves?

 

[buggin]

She's probably thinking "Gawd damn it, did those morons in USCIS set me up AGAIN and now I have to come up with some BS to file by the deadline? I know that what I'll say is laughable, but what are my options?!? I can't do anything till the name check comes in anyway!"

As for lawyers vs human beings. I had a pleasure of being the defendant in a car accident lawsuit. A $500 fender bender that the plaintiff claimed somehow gave him permanent bodily damages. Would have been funnier if I wasn't involved but I digress. So, during the trial (yes, we had a jury to make a decision, what a waste of tax payers money), his lawyer is all over me, my lawyer (well, my insurance's lawyer) is all over the plaintiff. Then the case goes to the jury and our lawyers get together and start chatting away "How are the kids? How is that mutual friend? How is another mutual friend?" I mean, literally as if they just bumped into each other after a long time and needed to catch up. I was thinking "Wow, just an hour ago they behaved like they were about to kill each other! Good thing I went with an MBA instead of a law degree! There is no chance in hell I'd be able to do that!"

Guys, lets be fair to lawyers. They are just doing their job because they have a duty to represent their clients to the best of their ability. If I were a plaintiff / defendant, I would want my lawyer to be a cut-throat lawyer. I woun't want him/her to be a softy who is nice to the other side. As to the relationship between the two lawyers, outside the courtroom, they can do whatever they want to, as long as they keep the attorney-client privilege and their clients' interests in tact.
I happened to know quite a few lawyers. Most of them are very respectful and highly ethical human beings. Some of them are criminal prosecutors who work very hard to put murderers, rapists, child molesters, etc. away for a long time. By the way, they don't get paid all that well. I have high respect for them.
Anyway, this is my argument in defense of the judicial profession. Should I become a lawyer? Hmmmm.....

 

[buggin]

Ok, so I am now a US citizen! Many, many thanks to Publicus et.al.!

Congratulations!!!

And here's two more things:

FBI. The day before the ceremony, I receive my FOIPA result letter, which states:

"A search of the indices to our central records...reflected...documents potentially responsive to your request...we were advise the records were not in their expected location and could not be located...another attempt was made...unsuccessful results. Therefore, we are closing your request administratively."

This is funny but doesn't surprise me at all. I think this is one of the very few reasons why our cases get stuck in the name check phase.

District Attorney. I come home from the ceremony to find a letter from the DA. It's a copy of the court filing where they ask for a 15-day extension (the 60 days are up this Wednesday 06/14).

This is even funnier than the previous one.

What do guys think, should I call them and let them know I'm already a citizen? Or should I have them go through the motions and find out by themselves?

On one hand I really want to tell you "let them find this out on their own," "why should you do their work?" And yet on the other hand, it is our money (taxpayers, yours and mine) that will get wasted again. So, just let them know that you are a citizen and don't need their help that they were so "eager" to provide.

 

[dks35]

questions to LA filers: Suzy, Finale, SyedNaqvi, Mr.LA

Please give me last minute advises, I am running out of time... I would greatly appreciate of someone answers the following:

1. what is a blue-backed copy or original?
2. who do I list as interested parties? all of the defendants? myself?
3. in the civil cover sheet - there's a question whether you are aware of cases related to your case? I know there must be plenty of cases, but i do not know specifics, case numbers, etc. what should be my answer? civil cover sheet stays with the clerk for statistics purposes.
4. Do I need to punch holes for them to put into binder, or it can be done in the court?


thank you all!

 

[fightback]

I did send it certified (may be I was not expecting a reply and wanted to have proof.) I is upto u, I think normal letter should work. BTW, it is 39 cents now.

Thanks for your reply. Another question: Should I mention that I filed WOM to the Mr President? Thanks for answering my question!

 

[sfaizullah]

Thanks for your reply. Another question: Should I mention that I filed WOM to the Mr President? Thanks for answering my question!

I believe so, just give them the facts so they can send it to the right parties. This is what I did. Simple but I believe also that they can get a good picture of the situation. I also attached some docs including the reply for my FIOPA request.

Best Regards

 

[mohamedmohamed]

Guys, lets be fair to lawyers. They are just doing their job because they have a duty to represent their clients to the best of their ability. If I were a plaintiff / defendant, I would want my lawyer to be a cut-throat lawyer. I woun't want him/her to be a softy who is nice to the other side. As to the relationship between the two lawyers, outside the courtroom, they can do whatever they want to, as long as they keep the attorney-client privilege and their clients' interests in tact.
I happened to know quite a few lawyers. Most of them are very respectful and highly ethical human beings. Some of them are criminal prosecutors who work very hard to put murderers, rapists, child molesters, etc. away for a long time. By the way, they don't get paid all that well. I have high respect for them.
Anyway, this is my argument in defense of the judicial profession. Should I become a lawyer? Hmmmm.....

no matte rwhat you say some one isnt doing their job, or doing it in very poor manner , other ways we woulndnt have all these mess on our hands

 

[mohamedmohamed]

Hi Mohamed,

First of all, congratulations to you!!!
Still no news. I know that US Attorney from Western KY (not Eastern) reached out to my lawyer about a month back. He wanted to know my A#, etc. There was no communication since than. I am not aware of the exact deadline date (again my lawyer has the receipts), but my estimate is 6/16. I'm very anxious to see what happens.

Let us know when you hear more. I'll do same...

one of you should call him, and find out, and if he is the same one handling may case, he is on vaccation since thursday last week, and he wont be back till monday the 19th,

 

[buggin]

no matte rwhat you say some one isnt doing their job, or doing it in very poor manner , other ways we woulndnt have all these mess on our hands

I agree. If everybody was diligent about their job duties, the world would be much better and easier to live in. However, my point is that it is not only lawyers and government employees who don't do their job. There are lazy people everywhere. The good news is that there are also those who do their job and very well.
I just don't want to generalize. The same way I don't want anybody to generalize me.

 

[PendingN400]

1447(b) not a guarantee

Per opinion published in one of the cases in the Sixth district, 8 U.S.C. 1447(b) is not a guaranteed result (this is being used by defendants in other case). Per this opinion below, the court has simply remanded the matter over to USCIS to do as they see fit without any judicial determination nor provided any guidance for completing security clearances within a certain time limit. I don't believe the case went into appeals. At this rate, the case can remain pending forever...

"8 U.S.C. I447(b), set forth above, provides that the court may either determine the matter or remand the matter with appropriate instructions to the USCIS to determinet he matter. Here, Issa has had his examination and all that remains is completion of the security clearance which can only be provided by the FBI. Therefore, in the interest of judicial economy, this Court will remand this matter to the UCIS to await the final security clearance"

 

[Mr LA]

Please give me last minute advises, I am running out of time... I would greatly appreciate of someone answers the following:

1. what is a blue-backed copy or original?
2. who do I list as interested parties? all of the defendants? myself?
3. in the civil cover sheet - there's a question whether you are aware of cases related to your case? I know there must be plenty of cases, but i do not know specifics, case numbers, etc. what should be my answer? civil cover sheet stays with the clerk for statistics purposes.
4. Do I need to punch holes for them to put into binder, or it can be done in the court?


thank you all!

Hello Dks35,

1- I don't know what is the blue-backed---- i did not do that in Los Angeles.
2- I did the defendants and my self, i am NOT sure about US Attorney.
3- in Central District Of California, we don't have this Q, my advice leave it open and ask the Clerk about it.
4- In Los Angeles you need to punch holes in orig and 2 copies.

I hope this is help, what part of Cali are you ????

 

[buggin]

Please give me last minute advises, I am running out of time... I would greatly appreciate of someone answers the following:

1. what is a blue-backed copy or original?

My court (N CA) doesn't require these once, so I don't exactly know what it is. You can always call the court clerk and ask to clarify.

2. who do I list as interested parties? all of the defendants? myself?

As far as I know, we do not have any interested parties. Defendants are party to the lawsuit, as well as you are. Interested parties are usually third parties, not involved in your lawsuit, but who have some kind of interest (financial for example) in the outcome of your lawsuit. The explanation to this can be found in your court's civil local rules (you can download them from your court's web site).

3. in the civil cover sheet - there's a question whether you are aware of cases related to your case? I know there must be plenty of cases, but i do not know specifics, case numbers, etc. what should be my answer? civil cover sheet stays with the clerk for statistics purposes.

Civil Local Rules of your court should have a rule that explains "related cases." Here is the rule for my district: "An action is related to another when: (1) The actions concerns substantially the same parties, property, transaction or event....." As I understand, in your case, you don't have related cases. You don't have any other lawsuits pending against the same defendants? All other 1447(b) cases will not be related to your case because they have different plaintiffs.

4. Do I need to punch holes for them to put into binder, or it can be done in the court?

I'd leave this to the court clerk because there is a chance you'll punch holes in rong places, not the once they want them to be in.

Well, read your courts local rules and Pro Se handbook and you will find answers to these questions. Good luck!

 

[dks35]

to Mr.LA

Mr. LA - Thank you so much!!

I am in Los Angeles (West LA). My day is tomorrow. I am going downtown to file and possibly drop by US Attorney's office to leave them a "gift". I am nervous about this whole thing...
The local rules say that the original and 2 copies for court filing must be blue-backed? is this some sort of paper with blue background or something? i remember when i was represented by an attorney for my gc, the entrance of appearance (G-28) was on bluish paper. that's the only thing that come up on my mind.

Thanks again!

 

[Mr LA]

Mr. LA - Thank you so much!!

I am in Los Angeles (West LA). My day is tomorrow. I am going downtown to file and possibly drop by US Attorney's office to leave them a "gift". I am nervous about this whole thing...
The local rules say that the original and 2 copies for court filing must be blue-backed? is this some sort of paper with blue background or something? i remember when i was represented by an attorney for my gc, the entrance of appearance (G-28) was on bluish paper. that's the only thing that come up on my mind.

Thanks again!

dks35,
I was nervous my self, but it’s fine, if you like to get together and show you my case, I will be more then happy to do that . I live in south bay, just PM your #. It’s so easy just if you know what are you doing and you do it right. The Clerks office guys are so nice people , as long you know what are u doing and making their job easy.

Good luck man

 

[syt]

Hello Dks35,
All,

1- I don't know what is the blue-backed---- i did not do that in Los Angeles.
2- I did the defendants and my self, i am NOT sure about US Attorney.
3- in Central District Of California, we don't have this Q, my advice leave it open and ask the Clerk about it.
4- In Los Angeles you need to punch holes in orig and 2 copies.

I hope this is help, what part of Cali are you ????

For (4), Does clerk provide puncher? What kind of holes need to be punch, is it the US standare 3 holes for letter size? Beside punching holes, do we need to staple all paper togather for each copy? I am so sorry for this silly question.

syt

 

[Mr LA]

For (4), Does clerk provide puncher? What kind of holes need to be punch, is it the US standare 3 holes for letter size? Beside punching holes, do we need to staple all paper togather for each copy? I am so sorry for this silly question.

syt

Hello syt,
In los Angeles, Yes, they are by the Clerks window. and you punch them from the side and you do staple them together ..... trust me, i was in your shos, so relax and do it right. good luck

 

[dks35]

Thanks

Thanks buggin!
I will find out tomorrow. Clerks office is taking messages and then calling back, but I am usually away from my desk, and it's really hard to get hold of me. Anyway...
wish me luck
and thank you all again for support!