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

EGYPTIANCASTLE said:
I have won my case, they cleared my name check on May 2nd 2006 and my oath is MAy 18th at 8:30 am in San Jose, CA.....thank you everybody.
Click to expand...


Congratulations!!! I am very pleased :D :D :D for the good news. Well deserved victory. Will we be invited to the celebration :p?

Salaam.
 
mohamedmohamed said:
i called the US attorney today to find out who is assigned to my case, he vas polite, was telling me about the different stage, and i just played like i dont know, then he said "i hop the case will be finished before we go through all these, i hop that the FBI will do therir job"
QUOTE]

Hi Mohamed,

It looks like a good news. It is better for them to act as they told you. I know how well you are prepared. :eek:

hopefully things workout well for you and all of us.
Click to expand...
 
Too late for default judgement?

Is it too late? My understanding is that if they don't respond within 60 day period ofs time, the default judgement applies, unless they have a good reason. Should the motion be filed right before the deadline? By the way, is 60 day time limit counted from the day when the local US attorney received tbe summons and complaint?

mohamedmohamed said:
it is very interesting what happens, it is probably too late now to ask for default judgement.
if you have filed that motion befor they answer ,or request the extention, it is 99 % win cases.
on the good side, you can use the same thing against them, by writing tocourt, that this proof what kind of work they do, and the fact that they never do it in the time where they suppose to, exactly like whats happen to your immigration petition which still pending, and start to convince the court that they have abosolutely no knowldge, or awarness of what time mean, even when it is something required by the court.
i think that will make your cases stronger, and their deffense is at least weaker if not embarassing.
and yes ( not a professional experience) i think you still can ask for the default judgement , the worst that could happen , is they will have to write to the court, and find some other excuse, but all of that will corner them in a very narrow angel, and will show the court who is playing, so when it id time for ruling, they will not look anybetter, if was in your shoose that what i would do, and i will describe their move a stunt to mislead the court, and avoid to answer in the specified time period.
in breif, i think that they might have served you better this way, just be sure to milk as much as you can.
Click to expand...
 
Hi Haddy

I did send a copy to the local US attorney also with return receipt. I guess I am waiting for the response within 60 days.

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...
Click to expand...
 
Is it too late? My understanding is that if they don't respond within 60 day period ofs time, the default judgement applies, unless they have a good reason. Should the motion be filed right before the deadline? By the way, is 60 day time limit counted from the day when the local US attorney received tbe summons and complaint?
Click to expand...

From Rule 12 of the Federal Rules of Civil Procedure:

(3)

(A) The United States, an agency of the United States, or an officer or employee of the United States sued in an official capacity, shall serve an answer to the complaint or cross-claim - or a reply to a counterclaim - within 60 days after the United States attorney is served with the pleading asserting the claim.
 
Mohamedmohamed: call US attorney

mohamedmohamed said:
i called the US attorney today to find out who is assigned to my case, he vas polite, was telling me about the different stage, and i just played like i dont know, then he said "i hop the case will be finished before we go through all these, i hop that the FBI will do therir job"
Click to expand...

I filed WM for AOS in April and am about to call US attorney tomorrow. Mohamedmohamed, how did you approach the attorney? In other words, how did you initiate the conversation with her/him? Are they supposed to talk to you?
 
greencard12 said:
I filed WM for AOS in April and am about to call US attorney tomorrow. Mohamedmohamed, how did you approach the attorney? In other words, how did you initiate the conversation with her/him? Are they supposed to talk to you?
Click to expand...
it is the advice of the court civl rules, and all the other litigation ethics to identify and contact the representative of the opsit side or the defendents, and that is exactly how i started the conversation with the US attorney, just from the prospective i would like to who is handling the cases, and where to send future documents and filing, whitout discussing who is right or who is wrong, because the court is the place for that.
but eventually he was the one who brough that up, even know he didnt exactly accept any wrongfoing by the USCIS, but he did show a desire to see all this solved before it is get complicated, which is a good indication that he doesnt want to fight it, either because he/or his client have sme sympathy for my case, or sumply know that they cant win it, whatever the reason, he isnt the one who inflicted the harm on me, so just bear that in mind, so you have stay polite, never be disrespectful, or show any sarcasm, or skepticism, but you dont have to take any crap from anyone either, so it ill depends on the type of the person you dealing, but one thing you have to do , is just to deal with them , on the basis, of some good faith, because the US attorney's generally arent bad guys, and they know that case like this A) is right, B)embaracing, but more importantly C) is complicated and have a multi dimentional aspects, and it have to go through a layers of beraucracy, inside the USCIS, and FBI, so sometime there isnt an instantaneous fix to it.
so my bekeive is that if the US attorney seem to have some understanding or sympathy to your case (as long as they dont act like an assholes) try to not upset them, and that may work better for you.
even if you can win the case in court, they can make you go through a rough time before that happen , they can ask for extensions, pull stunts, make excuse, which all it does is delay your case months after months, so try to stay on their good side, but keep working hard to corner them, and strip them from any excuse they might want to use against you .
in short dont be too soft so you dont get twisted around, and dont be too solid because you might be broken or whatever the saying is.
 
start al lawsuit

Mohammad can you please tell me what to expect,i just gave my attorney all my papers since 1994,and all the responds i resieved from the uscis conserning my N-400 that i applied for on 07-02003.
i went to my intreview on may-12-2004 and i did pass like everybody and they told me they are waiting for background check,and i waited long untill i contacted my senator who sent me a letter with a copy of a respong he got from the FBI stating that my name check was finalized and sent to uscis on august 3rd 2005,and i made 5 infopasses after that date and the last one was on may-02-2006 with the same answer i get from them and thats background check.
i started with my atorney just yesterday and i sure dont know what to expect.
if you can help in anyway please tell me and i ll be thankfull,and i wish to all luck.
 
Priority date N400 10/27/03
fp 12/22/03
interview 04/19/04
Pending since then for background check
Filed 1447 (b) 05/03/06
 
Wow,

One day after I filed my WOM case in Southern District of New York, I got notification that the case has been assigned to Judge Denny Chin and a case number has been assigned. Judge Chin asks Manhattan D.A. to answer each paragraph in my petition within 45 days and a hearing is scheduled on July 7th.
 
ournyla said:
Hi everyone,

I filed 1447 (b) today, it was 126th day since examination. It was fast in houston (Souther District of Texas). I made 7 copies of complaint 5 for each defendent 1 for court and 1 for US Attorney. Court clerk was fast she did everything in 15 minutes.

Then I sent certified mail to all defendent with one copy of summon. To US attorney, a copy of complaint, and summon for the five defendent.

I guess now I have to wait and see.
Click to expand...

Hello Ournyla,

Good, today is my 120 days is ending, I am filing this coming Monday.
The best to all of us.
 
1447(b) Filed in Maryland Today

Hi all,

First let me say thank you to Publicus who started this thread. Also to Suzy, Mohamedmohamed and all of you out there helping this community, you have my utmost respect and appreciation.

I filed my case today in Baltimore. I was told they will assign a case # today and have the "in house attorney" check my document since it's Pro Se. Then the summons will be mailed back to me for serving the defendants. Will keep you posted.

Wish me luck!

Balto
PD 7/27/05
FP 8/31/05
IV 11/30/05
IV Cancelled 11/9/05
IV Rescheduled 1/4/06
1447 (b) Filed 5/10/06
 
Balto said:
Hi all,

First let me say thank you to Publicus who started this thread. Also to Suzy, Mohamedmohamed and all of you out there helping this community, you have my utmost respect and appreciation.

I filed my case today in Baltimore. I was told they will assign a case # today and have the "in house attorney" check my document since it's Pro Se. Then the summons will be mailed back to me for serving the defendants. Will keep you posted.

Wish me luck!

Balto
PD 7/27/05
FP 8/31/05
IV 11/30/05
IV Cancelled 11/9/05
IV Rescheduled 1/4/06
1447 (b) Filed 5/10/06
Click to expand...

Always my heart and good thoughts are with people like you who are struggling in this terrible mess with CIS.
You'll be the next one in a long list of happy winners, just do your homework good and don't be afraid to fight for you case.
The last few months showed that "who dares wins" and you don't need to be intimidated by CIS, FBI, or anybody else, since the law is on your side.

Good Luck :)
 
Thank you everybody

Thank you everybody for your nice comments, and I wish everybody the best in defeating CIS.

Haddy, here what I send to court to file more exhibits without amending the complaint.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

XXXXXXXXXXXXXXXXXXXXXXXXXX
PRO SE

Plaintiff,

vs.

Michael Chertoff, Secretary of the Department of Homeland Security; Emilio T. Gonzalez, Director of USCIS, Robert S. Mueller, III, Director of FBI

Defendants. :
:
:
:
:
:
:
:
:
:
:
:
:
:
:

:
:
:

CIVIL ACTION No. XXXXXXXXX







NOTICE OF FILING
EXIBIHTS 19 THROUGH 20

I, XXXXXXXXXXXXXXXXXXXXXXX, Plaintiff, Pro Se, hereby file two more exhibits to civil action No. XXXXXXXX, and served the Assistant US attorney copies of these exhibits, from exhibit 19 through exhibit 20.













_________________________________
XXXXXXXXXXXXXXXXXXXXXXXXXXX
PRO, SE
 
Ra'fat said:
Mohammad can you please tell me what to expect,i just gave my attorney all my papers since 1994,and all the responds i resieved from the uscis conserning my N-400 that i applied for on 07-02003.
i went to my intreview on may-12-2004 and i did pass like everybody and they told me they are waiting for background check,and i waited long untill i contacted my senator who sent me a letter with a copy of a respong he got from the FBI stating that my name check was finalized and sent to uscis on august 3rd 2005,and i made 5 infopasses after that date and the last one was on may-02-2006 with the same answer i get from them and thats background check.
i started with my atorney just yesterday and i sure dont know what to expect.
if you can help in anyway please tell me and i ll be thankfull,and i wish to all luck.
Click to expand...
this is the typical case every one here have, i expect that your lawyer will the process from its start, he will ask uscis about your ase, they will tell him thesame they told you, if he serious, he will send a warning that hewill file a law suit, in a period of time, usually 30 day if they dont adjudicate your cases, some time that threat is just as good a the actual filing, and it make the USCIS expedite the name check, and finish case, sometimes they dont do that, and you actually have to walt the whole nine yard, file with the court, and follow the rest of the chain.
the good new is that since your 120 days is up, they have no accetptable excuse, and it is very likely that you will win against them in court, most of the time they realze that, and they try to act on before if reach the trial stahe, to save the Us attorney time , and embarassment, the story you hear all over this thread, from bashar to screaming eagle, some time they willa ct stupid like they did with amir, in any case, you have the best argument, and they can not beat you in court, the worest thing they can do , is t try to stretch the per trial stage, by filing extentions, or stupid tricks and stunt like that, but ultimatly, you will win as long as you and?or your layer have a good enderstanding of the issue, it's techenicality , and legality , and have the ommitement to take it to the full extent of the law, so i think the best advice, is what bashar and screaming eagle havae gave us, hold your ground, prepare for the fight, dont be intimidated
 
my exhibits

ok fellows, the last few days i was gathering a kind gift to the US attorney and the USCIS, so today i want and send my gift to them through the district court, i intend to keep this case hot, till some thing happen, it took me a while to warm up, and i cant cool down.
thanks to every one of you, i have always heard about support groups, but never really knew how much of effet can that have, i think finding and communicating with others who have similar concerns have profound effect in boosting your morals, and strengthen your will, SO AGAIN THANKS TO EVERYONE , WHITOUT YOUR HELP,MOST OF US WOULDNT BE ABLE TO ACHEIVE ANYTHING , OR EVEN HAVE THE BALLS TO START SOME LIKE THIS.
thise are the exhibits i filed today.
 
mohamedmohamed said:
it is very interesting what happens, it is probably too late now to ask for default judgement.
if you have filed that motion befor they answer ,or request the extention, it is 99 % win cases.
on the good side, you can use the same thing against them, by writing tocourt, that this proof what kind of work they do, and the fact that they never do it in the time where they suppose to, exactly like whats happen to your immigration petition which still pending, and start to convince the court that they have abosolutely no knowldge, or awarness of what time mean, even when it is something required by the court.
i think that will make your cases stronger, and their deffense is at least weaker if not embarassing.
and yes ( not a professional experience) i think you still can ask for the default judgement , the worst that could happen , is they will have to write to the court, and find some other excuse, but all of that will corner them in a very narrow angel, and will show the court who is playing, so when it id time for ruling, they will not look anybetter, if was in your shoose that what i would do, and i will describe their move a stunt to mislead the court, and avoid to answer in the specified time period.
in breif, i think that they might have served you better this way, just be sure to milk as much as you can.
Click to expand...

Well, there have to be some sort of repercussions for not answering the complaint within 60 days. Otherwise, why would they answer at all and why have the 60 day deadline if it's not binding? Why tell the defendants "You got 60 days to repond or.... um... well, nothing will happen, really, we'll just go to trial, that's it!"?

I'm gonna call the clerk's office to see if AUSA filed anything. If she did, I wonder why she didn't send me anything as they are required to do. They got my address. If they couldn't verify it, they got my email. If they didn't file an answer, I'll file a motion for default judgement on Friday. I got nothing to lose. I guess the only downside to filing that motion is that it might get denied. So what.

What do people write in such motions? I think my case would be stronger if I had a chance to present to the judge all the backup information I got (DOJ opinion on USCIS' handling of interviews and violating 8 USC 1446, Cannon's statement that FBI will expidite a name check if requested by USCIS, the USCIS field manual, the story about FBI's bizarre investigation into my life without any reason to do so, etc). I'm almost tempted to include all this with the motion, I'm just not sure I'm allowed to do that.
 
RealSuperK said:
Well, there have to be some sort of repercussions for the motion, I'm just not sure I'm allowed to do that.
Click to expand...
i was under the impression that they did filed for an extention at the last minute.
ithe 60 days is up, and nothing have been filed, go your court website, get the number of the rule that said they have to file an answer in 60 days, and refer to that rule in your motion for default judgement.
the motion doesnt have any specific format, and to be frank , it is rarely ver used, because no one have ben stupid to not anwer the complaint withing the specified period, or ask for extention, i first time i heard of a stupid thing like this.
if they havent filed anything by today, spend all night tonight working on drafting your motion for deefault judgemnt, and dont sllep till you finish it, the first thing in the morning when court open , 7,8.t wheever they ope, be there and file your motion, if you need anyhelp,( which i dont how good it cn be) i will be happy to, whatever it take.
i guarantee you the judge will not be happy about their failure to answer, and like i said , even if you dont get the default judgement , at least you can milk their negligence, and show the court, how they ignored teh court order, and my be the judge will held them in contempt of the court, so, it is a good chance for you, just make sure to cease the moment, and milk as much as you could,it is abosultly obserd what they did, i dont even kno what they think
 
You must log in or register to reply here.
Top