I think that you have made some good peoint, it will be very dispapointing to spend a lot of time, amoney preparing for you suit, just to find out that it has been dimissed, due to some simple tachicality error, so it very critical to watch that.
if the USCIS didnt want to settel , and try to defend their client, their diffense wont fall too far from the typical arguments they have made on other previous case, which bring us to how important is to familiarize yourself with this argument, and to be able to dispute them , and show the exemples from previous cases, where judges did not get comvinced , and cite against them, that is a strong tool, to show that their diffense is not compeling, like the Dnilove case which have been rejected by multiple courts, so using that against any petitioner, will only show thow week their argument is, and how they are out of any articulated logic way to convince the court.
it is also important to show that whole Name Check delay is not because of information they dont have , or nor able to obtain, but rather is as a result of laziness, because the FBI dont want to take the time to dig in their file , and finish the refrenced check, because it take them longer, and the USCIS, dont wanna pay them, extra for that, because they dont to increase their cost, all that mount to one thing, NEGLIGENCEon their which the reason they dont have any good chance of winning any of these cases.
according to the testimony of the Micheal A Cannonsction cheif of the national name check program section, they can finish any name check, within 24-48 hours, if the USCIS asked them to do so, this is very useful in court, because it show that, their cjhoosing their convenience, befire excuting the duty that was assigned to them by the congress,and leave them deffense less in front of the court, and the good part, ther going to be JUdge examining all these , and it will not be easy to fool him/her, so if they started to bullshit around, and pretend bunsh of nonsense excuses, the court can, and very likely will, rule against them, so the best way to winn your case, wether it is 1447, WOM, is to educate yourself, anticipate, whatever excuse they might come up with , and prepare for a good argument, from the judges analysis of previous cases, i think currently, we have a better chance than 2-3 years ago when there wasnt much cases like these in the federal court aarchives, the is pretty much done for us, we just need to know how use these archive efficiently, by developing a good understanding of the different agles of the issue, so in any argument, you should not pring anything about the name ckeck process, because it is not anything they cant do, it is only something they dont want to do, so what you should say, is just that they delaying your case(naturalization, AOS) willfully, and illigally because that how in fact is, but also be prepared to the FBI name check section testimony to proof thatany name check for anyone can be finished in a matter of days , if the uscis want to.
personally, i dont think i need a lwyer, i am going to look for one, and if and when my cause go to trial, i will very happy to stand , and make argument loud and clear, because i beleive we have all that we need, and nothing better than, or satisfying than been able to make your case for yourself.
and finally , i would like to thank everyone in this board, because of the information we share, and ask and answer, i feel like i can take the DHS in any district court, and i know many other people here can too, so we all should be proud of that, and wil happy when it pays off, and snatch our rights of the people who didnt want to give these rights to us, and delayed our lives for years
When did I file Motion to seal... may be I dont know what this term means... pharmboy what does motion to seal docket means