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

[thryen]

I filed in Oakland and was given the name of the Judge in SF at the spot. I have not finished reading the package that I was told to mail to the defendants yet. My understanding is, both side have to agree if using a magistrate one. Am I right? Why do you want to chose the magistrate, may I ask? BTW, has your case management conference been set up yet?

they automatically assigned a judge. i didnt even know that. i dont know if both parties have to agree. i sent my summons today. do you think that is enough proof of service if we attached the evidence of mailing rather than waiting for return receipts?

 

[amo585]

mechano
You asking about lawer in Atlanta; the below mentioned has a case filed in Atlanta. I do not know him. I got his info from a case I saw in pacer:

Joseph H. Rosen
Tel. 678-461-6046

Good luck.

 

[mechano]

Lawyer name

Thank you very much for your update.
I will definitely call in the morning, and keep you updated.

 

[mohamedmohamed]

boy, it seem like there have too many stuffs posted today
Amir/Houston
i think that the US attorney trying to trick you, since he/she know that you dont have the legal expertise , or capacity to counter her/his weak, unlogic argument, that why you should have read the previous cases, and you will find that they can not dispute the jusrsidiction of the court, i know she claimed they cant verify your address, if it is so, you can proof this point , with utilty bills,or any ather means.
yes they have enough information, how can you proof that, is because you did everything they have asked you to do, supplied all the document, and if she was ytalking about background information, it theur job to find that information, and find it in a tinely matter, according to 1447(b), you can not do their work for them, background is something they have to , by law, delgated to them, and they should, by saying that you exposes them in fromt of the court, and show the lack of truth, in what they have claimed, and you can use all the previous ruling , and report from DOJ/OIL to show that even the governemnt have acknowldeged that they are violating the law, which should be good enough to shutt them off.
sure it is not easy, but i think you have everything you need to pin them down , if you need more help, i will be happy to talk to yyou, or e-mail, i think whatever they wrote was nothing but B.S. you shouldnt put up with,
and you can specifically used the district ruling(oregon) in Al-Kudsi case, that is one powerful crush to any and every claims the USCIS have come up with.
and last , remind them that according to what they told on the interview day, the only reason they didnt approve your case is the background check, so for them now to to say that they can verify your address , is too late, so since no other requests or question have been asked, there is no reason to start asking them now, because that will only be consider a way to ellude the court, and as stated in the 1447(B) and the uscis own regulation, the background check should have been completed before the interview,if not, a decision have to be made no later than 120 day after the interview.
the only other argument they can make , is the mixe up of when the examination start and when it is end, and here you have to go to the other courts ruling and analysis, where they have rejected this multiple times.
sfaizullah
whatever tyhey have tolld you baout the name check, you can throw it in the nearst trash bin around you, if you need to know anything about it, all you have to do is to read the testimany of the Micheal A. Cannon, it have been posted here, i will posted here again, that was a statment that made to the court under aoth, and it have to be accurate, everything else is just blain bollony, and you know some of this agents may not even know what it is , or they know but simply dont want to tell you.

 

[sam1973]

Genral counsel

Do i have to serve the Genral counsel office if i am filling under 1447 (b) because when i asked the clerk she said no you don't have to all what you have to serve is all the defendants and the US attorney and you don't need to serve the GC office . is she right or not ? or it depends on each circut court ??? please if any one know the answer let me know , becouse when i read through the Pro Se package it didn't say any thing about serving the Genral counsel office but just said the US attorney office . thank very much for your help

 

[mohamedmohamed]

Do i have to serve the Genral counsel office if i am filling under 1447 (b) because when i asked the clerk she said no you don't have to all what you have to serve is all the defendants and the US attorney and you don't need to serve the GC office . is she right or not ? or it depends on each circut court ??? please if any one know the answer let me know , becouse when i read through the Pro Se package it didn't say any thing about serving the Genral counsel office but just said the US attorney office . thank very much for your help

according to the association of immigration lawyer, the office of the general counsel is the only one you have to serve on behalve of any USCIS employee iscluding the secretary, and you dont need to serve any one else.
personally, i served the lacal uscis office, the local us attorney , and the general counsel

 

[Eastbayer]

My thoughts

How can the US A decide the case, it's the court's job, right? So I guess you will file an answer to that and take them to the court. Am I right? Whoever knows, please shed some light.

Balto

I agree that it should be the Judge to make a ruling, not the US A. A US A is just the lawyer for the defendants. We gave those agencies all the information they asked in N-400 and during interview. We can't do anything about the G325. It is their job to get the answer/result within 120 days after the interview, as says at the bottom of N652.

BTW, can somebody clarify the G325 stuff? The CIS officer wrote on my N652 as "Pending for FBI Name Check", and nothing else. I was told the same information again and again during InfoPass. Nobody mentioned G325 at all.

 

[Suzy977]

Hi Suzy/Mohamed/others,
While saying goodbye I noticed that she have written “pending” and underneath “G325” on the printout that she has attached to top of the copied documents.

My questions are: (1) does one know who really does name checks for N-400 applications? I thought only FBI.
(2) What is G325 for? I thought it was CIA check and it was for green card. Am I right? If so, should one then include CIA Director in the suit? I saw one lawyer in NJ included CIA Director in two suits that he filed (see Akram88 postings in page 91 (I believe)).

Then I went straight to District of NJ court and spoke to the clerk and showed her the draft petition. She said that the format was fine and that I bring original and four copies and summons (she was not sure but said one per defendant) and money order for $350.

My other question is that: should I wait until I receive an answer from USCIS (which I seriously doubt will be anything more than what they have doing so far) and send “intend to file” letters to them and US Attorney with a copy of the complaint and state a date that by (or before) I will file? I am just thinking and wondering if they can use this against me and say that I should have waited for a reply (even though more 120 days have passed and even though they did not reply to 5+ previous letters)?

Your help and reply is appreciated!

Best Regards

I don't want to gamble with your money, $350 plus other expenses, but I believe USCIS either is not going to respond to you, or you'll get a generic answer saying that your Name Check is pending...

It's only your call to wait or to file the lawsuit, like I've said, in my opinion their answer, if any, won't help you at all...but I don't want you to make a decision based on what I think...

The Name Check is done by NNCP an FBI branch.

G325 is the USCIS Biographic Information form. I really don't understand why she will make such a notation

 

[Eastbayer]

Evidence of mailing

they automatically assigned a judge. i didnt even know that. i dont know if both parties have to agree. i sent my summons today. do you think that is enough proof of service if we attached the evidence of mailing rather than waiting for return receipts?

In my case, the date for initial management conference has been set right at the spot. So I guess they assume summons will be delivered on a timely manner. I was happy to see at least some dates, instead of endless waiting.

As to the return receipt, many people have mentioned they sent to the court the green card from post office. I just check usps.com and found one of the mails I sent out as been delivered (with the tracking number). I believe with the receipt of certified mail, which has the address of the defendant, together with this confirmation from usps, it should be good enough. Please correct me if I am wrong.

There is another option from usps.com. You can leave your e-mail address, and it will email you any future action on your certified mail. I think it would serve as a proof in case you never receive a receipt from the defendant, or only receive it 3 months later.

 

[Eastbayer]

Mohamedmohamed

it doesnt have to be your exact name, according the FBI name check section cheif " the names are searched in a multitude of combinations, switching the order of first , last and middle names, as well as combinations with just first and last , first and middle and so on".
which mean that even i fo your last name is not there, but any other combinations of your constituents exist, i t will be considerd a hit, or refrences, and it will require manual checking of the files that related to such names, and an analyst have to review the all that informations.
i also read and replied to your pm sometimes yesterday in the afternoon.

For unknown reasons, I did not receive PM from you. Could you try again? Thanks.

In fact none of my first name, middle name or last name is on the list. Anyway there are so many problems on the other side, it is probably meaningless to guess what is wrong with our names. Nevertheless our parents gave us the names, without anticipation the troubles we are having now.

 

[backues]

I got a copy of G325A form

I don't know, all I know is that she mentioned something about waiting for the country of origin's official response. I don't know why and when they process a G325 and if I got it because I'm coming from a middle eastern country... like I said it's a big puzzle

A few days ago. They said they will not be able to work on my file without completion of this form.

 

[mohamedmohamed]

For unknown reasons, I did not receive PM from you. Could you try again? Thanks.

In fact none of my first name, middle name or last name is on the list. Anyway there are so many problems on the other side, it is probably meaningless to guess what is wrong with our names. Nevertheless our parents gave us the names, without anticipation the troubles we are having now.

supposedly that is the main list of the names that are"problem" but oh well, you never know , this thing is really complicated, and no one really is willing to give any straight asnwer, to something supposed to be a national secret matter, but the court is always the best place to adress these issues.
i must have sent the pm to the wrong person, i appolagize.

 

[mohamedmohamed]

according to the SOP of the immigration , G325 in the name of the from they used for the background check, and there is another one G325A which i think they used to request expedited name check.

 

[oct2005]

Emilio T. Gonzalez's address

As defendants for 1447 I've named:

Alberto R. Gonzales, United States Attorney General
US Department of Justice
950 Pensylvania Ave., NW
Washington, DC 20530-0001

Michael Chertoff, Secretary of the Department of Homeland Security
US Department of Homeland Security
Washington, DC 20528

Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 90258

Robert S. Mueller, III, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pensylvania Ave., NW
Washington, DC 20535-0001

Can anyone to confirm if the above are the correct addresses, please? Especially the one for Emilio T. Gonzalez
Thanks.

Did someone confirm if Emilio T. Gonzalez's address is correct? The zip code does not look right. Help please!

 

[backues]

For real?

according to the SOP of the immigration , G325 in the name of the from they used for the background check, and there is another one G325A which i think they used to request expedited name check.

So they are asking for expedited name check for me?

 

[mohamedmohamed]

there is where the G325 was mentioned in the SOP
http://www.imminfo.com/resources/cis-sop-aos/7-3-4.html

 

[Mikey70]

needsolution & Amir:

Please Keep us posted on any developments. As i can see it the local US DA wants to go to court - their answer looks dumb though - but be prepared to argue your case in front of the judge.

 

[needsolution]

I don't want to gamble with your money, $350 plus other expenses, but I believe USCIS either is not going to respond to you, or you'll get a generic answer saying that your Name Check is pending...

It's only your call to wait or to file the lawsuit, like I've said, in my opinion their answer, if any, won't help you at all...but I don't want you to make a decision based on what I think...

The Name Check is done by NNCP an FBI branch.

G325 is the USCIS Biographic Information form. I really don't understand why she will make such a notation

Normally, G325 is not used for Naturalization applicants. however I believe that G325 is used for only the naturalization applicants in the military. I am not absolutely sure though.

 

[needsolution]

mohamedmohamed

boy, it seem like there have too many stuffs posted today
Amir/Houston
i think that the US attorney trying to trick you, since he/she know that you dont have the legal expertise , or capacity to counter her/his weak, unlogic argument, that why you should have read the previous cases, and you will find that they can not dispute the jusrsidiction of the court, i know she claimed they cant verify your address, if it is so, you can proof this point , with utilty bills,or any ather means.
yes they have enough information, how can you proof that, is because you did everything they have asked you to do, supplied all the document, and if she was ytalking about background information, it theur job to find that information, and find it in a tinely matter, according to 1447(b), you can not do their work for them, background is something they have to , by law, delgated to them, and they should, by saying that you exposes them in fromt of the court, and show the lack of truth, in what they have claimed, and you can use all the previous ruling , and report from DOJ/OIL to show that even the governemnt have acknowldeged that they are violating the law, which should be good enough to shutt them off.
sure it is not easy, but i think you have everything you need to pin them down , if you need more help, i will be happy to talk to yyou, or e-mail, i think whatever they wrote was nothing but B.S. you shouldnt put up with,
and you can specifically used the district ruling(oregon) in Al-Kudsi case, that is one powerful crush to any and every claims the USCIS have come up with.
and last , remind them that according to what they told on the interview day, the only reason they didnt approve your case is the background check, so for them now to to say that they can verify your address , is too late, so since no other requests or question have been asked, there is no reason to start asking them now, because that will only be consider a way to ellude the court, and as stated in the 1447(B) and the uscis own regulation, the background check should have been completed before the interview,if not, a decision have to be made no later than 120 day after the interview.
the only other argument they can make , is the mixe up of when the examination start and when it is end, and here you have to go to the other courts ruling and analysis, where they have rejected this multiple times.

I have talked to an immigration attorney who used to be a US Attorney. She told me that this is pretty much the standard defense that US Attorney gives. They are taught to raise jurisdiction issues regardless of their arguments being valid or not. So when you are reading US Attorney's response, do not think of what they are saying is correct or not. They are taught to dispute everything, just as jurisdiction even if they are wrong and even if they know they are wrong.

Really, US Attorney's defense is basically just a sales presentation given by the US Attorney trying to convince the judge to either dismiss the case or rule in their favor, that is all.

Just like you are presenting your presentation to the judge to rule in your favor.

 

[Mikey70]

I have talked to an immigration attorney who used to be a US Attorney. She told me that this is pretty much the standard defense that US Attorney gives. They are taught to raise jurisdiction issues regardless of their arguments being valid or not. So when you are reading US Attorney's response, do not think of what they are saying is correct or not. They are taught to dispute everything, just as jurisdiction even if they are wrong and even if they know they are wrong.

Really, US Attorney's defense is basically just a sales presentation given by the US Attorney trying to convince the judge to either dismiss the case or rule in their favor, that is all.

Just like you are presenting your presentation to the judge to rule in your favor.

A quick question - do you need to file a response to their request for dismissal?