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

mohamedmohamed said:
i think the next step is for the defendents to file an asnwer to the complaint, before the end of the 60 day period, unless they decide to settle it before that, and adjudicate your case, after they file their side of the story the answer, then it will be your turn, to dispute whatever claim they make and file that dispute, with whatever supporting documents you have ( i suppose you will have to use the previous ruling from other courts, and any other reports you have i.e. the DOJ reports, FbI cheif report, ect), and they will ether opose your arguments with another motion, then the court will either refre your cases for some type of dispute management, mediation, or some along that line, or grant your motion, or their oposing motion, or move the case to a trial , where both of you will have to argue in front of the court.
but generally, if your case is just a simple namecheck delay, i expect it to be stteled before the end of the sixty day, unles sthey file for extension, in which you may agree, or file a motion with the court to deny they extention request, and then the court have to decide wether or not to grant or deny their motion for extention.
so like i said , in simple uncomplicated pure namecheck delay, it unlikely that you will have to go through all these deragotary procedures.
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Very nice mohamedmohamed,

You should be a lwyer... oh are you a lawyer... I am just kidding... ;)
 
but generally, if your case is just a simple namecheck delay, i expect it to be stteled before the end of the sixty day, unles sthey file for extension, in which you may agree, or file a motion with the court to deny they extention request, and then the court have to decide wether or not to grant or deny their motion for extention.
so like i said , in simple uncomplicated pure namecheck delay, it unlikely that you will have to go through all these deragotary procedures.
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Or USCIS can deny and the case becomes moot, unless the judge agrees with Hovsepian (which he doesn't have to do). In this case you would have to appeal.
 
Haddy said:
Does somene has a format of writing to a congressman/senator about inquiring USCIS/FBI about my name check status... I want to know thru Senator or Congress person when my name check was sent to the FBI and has it yet been cleared or not... any suggestions specially a format of a letter would really be appreciated...
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Haddy,

These are the letter templates posted on this forum already.
 
I have just joined this forum and must congratulate all those individuals who take the time to share their experiences, it gives great moral support to those of us just starting on this journey.

My question to those out there, has anyone filed a writ of mandamus or 1447b in District Court in Colorado or Wyoming? if so what are your experiences.

Thanks and keep up the wonderful work!!!
 
Haddy said:
Dear Pharmboy,

I didn't see you writing about sending all these receipts to your local US Atty's office. Just making sure...
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I did not send the return receipts to the local US atty's office either. Should I? I asked the court clerk what I need to do next when I turned in the return receipts. They said nothing but just wait.

Please help me clear this.

Thanks.
 
Haddy said:
Very nice mohamedmohamed,

You should be a lwyer... oh are you a lawyer... I am just kidding... ;)
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not even close Haddy, but becaus eo how much attanetion we give this issue, and because how much iformation we share with each other on this forume , we all going to be experts on this matter very soon, in fact am sure more than 70% of us here know about more than 90% of the immigration lawyers who practice this for living, because it is our lives, not just work, and you take you life matter very seriously, specially when you know that you are right, and when you have the courts all across the country have said the very samething time after time after timeafter time.
but thank for the compliment
 
Eastbayer said:
Hi, I filed on April 28 (Northern District of California). Yesterday I received a notice from the Clerk's office about the Initial Case Management Conference. It seems that they don't wait until proof of serive is filed, since I have not received all the return receipts yet. This conference has been scheduled exactly 60 days after I filed.

I, and the US Attorney as well, are also asked to file the case management statement one week before the conference. Do I need to file this statement? Has anyone of you filed such a statement? Could you give me some suggestions as what should be included in this statement? I know some of you are going to the court in the next couple of weeks. What have you prepared to bring to the court room?

Your advice is greatly appreciated.

Best regards,

Eastbayer
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Hi Eastbayer,
Its strange, I filed my lawsuit on April 7 in the southern district of california and filed my proof of service April 24th.I have only received one document from court mentioning the name of the judge assigned to my case, other than that I haven't received any document from court, specially the document that you are talking about. I am actually waiting for this document. I don't know what could be the reason. I called the clerk for the judge, he told me that they haven't heard anything from the government and that they have sixty days to respond.
 
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bashar82 said:
I was naturalized in a ceremony at the Washington DO yesterday. It was a pretty quick ceremony (maybe 30-40 minutes) with about 19 applicants present.

When I went up to receive my certificate the officer asked me if I was glad my ordeal was over (she's been the one handling my case the last few weeks and is well aware of the fact that I had filed lawsuit) and I replied that it's almost over as I'm still waiting for the report on the investigation on how USCIS bungled my application. I smiled at her, walked away, registered to vote, and then spent 3 hours in Nothern Virginia traffic trying to get home.
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Congratulations Bashar82,
Finally this ordeal is over for you. wish the best to all of us who are on their way and we would really need your advise and suggestions so please keep in touch.
again congratulations on fight well done
 
Why do we need to serve Local Us Attorney?

Hello everyone,
I am on my final stage to file my lawsuit. My 120days will end May 10, and I am planning to do it on May 15 No waist of time.

I just need to know something. Why do we need to serve Local Us Attorney?
I am planning to sue: "i am taken AILF advice part 3C"

Alberto R. Gonzales, Attorney General of the United States;
Michael Chertoff, Secretary of the Department of Homeland Security;
Emilio T. Gonzalez, Director of United States Citizenship and Immigration Services;
Jane Arellano, District Director of United States Citizenship and Immigration Services, Department of Homeland Security.

Anyone else filed lawsuit in Los Angeles district court? Lets talk
 
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Mr LA said:
Hello everyone,
I am on my final stage to file my lawsuit. My 120days will end May 10, and I am planning to do it on May 15 No waist of time.

I just need to know something. Why do we need to serve Local Us Attorney?
I am planning to sue: "i am taken AILF advice part 3C"

Alberto R. Gonzales, Attorney General of the United States;
Michael Chertoff, Secretary of the Department of Homeland Security;
Emilio T. Gonzalez, Director of United States Citizenship and Immigration Services;
Jane Arellano, District Director of United States Citizenship and Immigration Services, Department of Homeland Security.

Anyone else filed lawsuit in Los Angeles district court? Lets talk
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US Attorney is sent copies of the summons and complaint per the Federal Rules of Civil Procedure. They are not to be named as the defendents.
 
Bashar
Congrats again for wining your case.
I was thinking about your case today.
You said in earlier post that they denied your application because some documents that you sent them was not in your file, but when you filed your case and went for interview the document WAS in your file and he approved you on the spot.
How can we trust these people anymore?. How we know that they don't discard,ignore,destroy,lose any documents we sent them. We are lucky that our cases are under court jurscdiction. How about thousands and thousands of appllicants that their whole life depends on DHS decision especially for people from the Middle East who are treated with great bias. I think the DC DO office are the worst in whole country, but at leat you won in the end.
 
So I need to serve:

So I need to serve: As “Defendants”

1-Alberto R. Gonzales, Attorney General of the United States;
2-Michael Chertoff, Secretary of the Department of Homeland Security;
3-Emilio T. Gonzalez, Director of United States Citizenship and Immigration Services;
4-Jane Arellano, District Director of United States Citizenship and Immigration Services, Department of Homeland Security.

AND ONLY: I should send 4 copies of summons and complaint Local US Attorney?

Thanks for your help :)
 
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Any future negative affects of 1447b lawsuit

Hi ,
Are there any negative future side affects of the lawsuit process against USCIS. I mean in future jobs or at port of entry etc.

Thanks
 
boston_case said:
Hi ,
Are there any negative future side affects of the lawsuit process against USCIS. I mean in future jobs or at port of entry etc.

Thanks
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Not sure about future, but I went to Canada 3 weeks ago while my lawsuit was (and still is) pending and I didn't have any problems with coming back.
 
Today is the 60th day since I filed the 1447(b) complaint. I haven't heard anything from the AUSA assigned to my case which is not surprising considering a bizzare conversation I had with her a couple of weeks ago. I guess in the next a couple of days I'll find out their defense. I kinda hoped I get something by email saying that they couldn't verify the place of my residence (like they did to Amir/Houston). I'd die laughing considering that I've lived in the space place for 10 years now. I'd make one crappy terrorist...
 
Info Pass

Hello folks my Infopass experience:
I had Infopass today about inqiury about background check, IO looked up in the system and said G-325 still pending, I asked that I never submit-325 with naturalization application, IO said don't worry, I said so you doing this enquiry based on G-325 ay GC time,she said yes. I heard lot of about 120 days from IO's . First IO I met at information counter who gave me the ticket to go to information room , He said it's has not been 120 days yet.Then IO at the Info room said it has not been 120 days yet.Then she said we 'll send an inquiry to FBI after 30 days after the interview so come back after 30 days.What do you think.
 
Mr LA said:
So I need to serve:

So I need to serve: As “Defendants”

1-Alberto R. Gonzales, Attorney General of the United States;
2-Michael Chertoff, Secretary of the Department of Homeland Security;
3-Emilio T. Gonzalez, Director of United States Citizenship and Immigration Services;
4-Jane Arellano, District Director of United States Citizenship and Immigration Services, Department of Homeland Security.

AND ONLY: I should send 4 copies of summons and complaint Local US Attorney?

Thanks for your help :)
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I think so. I only had one defendant and sent the copy of her summons to the US Attorney's office after it was issued by the clerk along with a copy of the complaint.
In your case I assume you do the same, but send a copy of each summon. On complaint should be fine as it is the same case.
 
joey101 said:
Haddy,

These are the letter templates posted on this forum already.
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Thanks Joey,

I really appreciate it... I sent some letters yesterday but nothing like this professionally written... I am writing more today and these letters are a great help...

THANKYOU... :)
 
Mr. Cannon's declaration

Mohamedmohamed,

I read the Mr. Cannon's declaration and found nowhere in the document where he implied "FBI can produce any name check in a matter of 24-48 hours". Could you please tell me where id you find that information? I think if he did make such statement, it would give us a good weapon to fight in the court.

mohamedmohamed said:
i dont think you need to add the FBI, i didnt, because in his declaration, Mr. Cannon, said that the FBi can produce any name check in a matter of 24-48 hour, if the USCIS aske them to do so, in other words, they are not holding your namecheck result, but the USCIS somehow have told them not to do anything with is.
therefore i think usics as a defendent is enough, because if they want the FBI to finish your name check tomorrow they can.
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