Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
rob waiter
Registered Users (C)
great victory! congrats on your baby and N400!
LA_case said:Hi guys!
My greatest thanks to our hero - Publicus, who started the fight & won, shared his knowledge and inspired so many of us to do the same!
So, here is my timeline in L.A.:
5/11/04 - PD for N-400;
6/8/04 - FBI received name check request from USCIS;
9/20/04 - FP taken;
11/29/04 - interview passed, but NC pending;
March-May 2005 - numerous inquiries by me to local USCIS: all unanswered;
June 2005 - asked for help sen.Feinstein: bullshit in response;
July 2005 - asked for help local congr.rep, good effort from them but no result;
August 2005 - "warning" letter to local USCIS director: bullshit received in response 3 months later;
December 2005 - found Publicus's heroic experience thread;
January 2006 - drafted the petition;
2/6/06 - 60 days started;
2/9/06 - invitation for 2nd FP on 2/22/06;
3/6/06 - started to place calls to AUSA;
3/7/06 - name check cleared (or AUSA learned about it on this date - unknown who initiated the "expedite");
3/17/06 - AUSA finally called back insisting on dismissal and claiming being "not familiar" with the recommended by AILA "petition to ask the court to hold in abeyance". Trusting AILA more than AUSA, I asked for any kind of assurance the USCIS will process my case timely after I dismiss. She said she'd check with them. My follow up calls week after that didn't yield any result. I didn't want to do them a favor by dismissing my case and getting nothing in return. My references to AUSA/USCIS practice in San Francisco District when special language is added and oath invitation is faxed to plaintiff were totally ignored.
So, I started to wait until the end of 60 days, so that I could file a motion for default judgement. Researching how to do it, learned that there is no such thing when US Govt is defendant.
4/6/06 (59th day) - AUSA called at 4pm trying to intimidate me into dismissal again but still offering no guarantees of the USCIS action upon my dismissal. From a quite disgusting conversation with her I learned she never actually discussed that with the USCIS (she was too lazy for it). I said I could wait until 60th day noon for her to finally talk to USCIS about promises, but her response was: "Oh, no! I take tomorrow off to play with my daughter!"
4/7/06 - AUSA substitute filed Motion for Remand scheduling hearing for it for 5/1/06 suggesting no timely processing of any kind;
4/17/06 - I filed Opposition to their Motion asking the Judge to deny Defendants' Motion, since the risk is great they would abandon my N400 again.
4/27/06 - Judge took the case "into submission" = no need to appear on 5/1/06;
5/1/06 - Modified by Judge Motion for Remand is granted to "process [my N400] as expeditiously as possible...not later than 6/30/06";
5/8/06 - not knowing if USCIS received court order, I mailed a copy of it to local District Director;
5/10/06 - local congressional rep. reappeared to ask me how it's going: told her about the court order & baby due in 4 weeks. She immediately started to apply the pressure on the USCIS congr. liaison unit.
5/16/06 - USCIS scheduled me for 5/19/06 ceremony;
5/19/06 - citizen I am!
Points:
- if there is no family emergency, please do not dismiss your cases! By dismissing it, you are doing the USCIS a favor which they don't deserve. Especially, when they refuse to give you the assurance of timely processing. They (and AUSA) get obnoxious when "everyone dismisses" and don't really apply themselves to resolve the case. Judges also need to know what outrage is there created for so many innocent folks, and hopefully, they will be more harsh to the Govt in the future: it should never come to us filing lawsuits just to make Govt do their job!
- congr. rep may come handy when you do need to dismiss but AUSA fails to modify the dismissal language and/or make sure otherwise your case is resolved satisfactory.
BTW, I have a feeling that lazy ignorant AUSA I had to deal with has not yet provided the USCIS with a copy of Judge's order. Even though she knew I was pregnant and due soon...
So, guys, don't be afraid and stand up for your rights! As the naturalization judge said today: "If you don't like something what Govt does - speak up!"
And congratulations to all who have already succeded!
I filed in seattle about 4 days ago. i filed for 1447b.AL11 said:
One thing to remember is to make sure to include your summons at the same time you file otherwise you'll have to file a praecipe and wait for the stamped summons to come back.(that's what's hapening to me).
kabi24 said:
Thank you Kabi24. I am planning to file next week. Let's stay in touch with updates about our cases so we can learn from each other.
I am planning to send the cover sheet, complaint, summons forms and the fee. Anything else? How long does it take for the stamped summons to come back. and can you tell me who did you include in your complaint and the address for the US attorney in Seattle if you have it.
I am really glad that I found someone in Seattle to share the experience with
AL11 said:
that's all the documents you need. The fee is $350.00 now up from $250.00 last month. i live in pierce county so i filled in Tacoma wich transfered the case to SEATTLE, i guess that's where it should be. For the summons, if you take them in with your complaint they will stamp them for you right away, and you can take them back with you (that's what the clerk told me).
As for who i named in my case: Chertoff, Emilio Gonzalez, Julia L. Harrison (DO director), Alberto R. Gonzales. and in my exhibits i included all my corespondance with USCIS, and the USCIS ombudsman.
The US attorney in seattle is
John McKay -
U.S. Attorney for the Western District of Washington
U.S. Attorney's Office
700 Stewart Street
Suite 5220
Seattle, WA 98101-1271
Tel: (206) 553-7970
Fax: (206) 553-0882
ISDN: (206) 264-2765
there's someone else in this thread from seattle i responded to last week, maybe we should all have a Namecheck Anonymous...
there you go good luck.
mohamedmohamed said:
I sent the summons to the clerk and i am waiting for them to be stamped and returned. So if i understand what you are saying, as soon as i get them back and serve the deffendants, the fastest way to show proof of service is to fill up the service sertificate and send it back to the clerk?!and i will just keep the return receipt. did i get this right?
what happens if the 60 days are over
Hello,
just a quick question to everyone.
if the above stuff is true, then what happens if the US attorney doesen't respond within the 60 days, and there's no extension of the period? does the judge call the parties for trial then? (where the judge cannot make a judgement by default!)
i don't remember anything addressing that in this forum.
thank you all.
LA_case said:So, I started to wait until the end of 60 days, so that I could file a motion for default judgement. Researching how to do it, learned that there is no such thing when US Govt is defendant.
4/6/06 (59th day) - AUSA called at 4pm trying to intimidate me into dismissal again but still offering no guarantees of the USCIS action upon my dismissal.
Hello,
just a quick question to everyone.
if the above stuff is true, then what happens if the US attorney doesen't respond within the 60 days, and there's no extension of the period?
does the judge call the parties for trial then? (where the judge cannot make a judgement by default!) i don't remember anything addressing that in this forum.
thank you all.
mohamedmohamed
Registered Users (C)
after 60 day,if there no answer or extension filed by the deffedent, you can file a motion for default judgemntkabi24 said:Hello,
just a quick question to everyone.
if the above stuff is true, then what happens if the US attorney doesen't respond within the 60 days, and there's no extension of the period?
i don't remember anything addressing that in this forum.
thank you all.
mohamedmohamed
Registered Users (C)
yeah that whats the attorneys do, and you ccan double check it with your clerk.kabi24 said:
actually in this you can also add a copy of the receipts the post office gave as proof that you have sent them by certified mail, but what the attorneys do,they just file a signed certificate of service and that it
Has anyone been asked to dismiss to allow for ajudication?
US Attny called me on Friday to congratulate me and inform me that my FBI name check has been completed and that “we need to jointly file to dismiss the law suit without prejudice to allow the USCIS to adjudicate my application”. He even asked me to circle a date on my calendar for a possible ceremony.
Has anyone been in the same situation? Should I dismiss? I wrote the below as a response; should I send it and insist on it or just dismiss? Any suggestions or words of advice will be greatly appreciated.
1. In the dismissal papers, it should be noted that the civil compliant is jointly being dismissed without prejudice in order to allow the USCIS to adjudicate the plaintiff’s application within 30 days.
In Alternative,
2. We can file a joint extension for the response for another 60 days (and leave the civil compliant pending) to allow the USCIS to adjudicate the application.
Thank you.
Yousif
US Attny called me on Friday to congratulate me and inform me that my FBI name check has been completed and that “we need to jointly file to dismiss the law suit without prejudice to allow the USCIS to adjudicate my application”. He even asked me to circle a date on my calendar for a possible ceremony.
Has anyone been in the same situation? Should I dismiss? I wrote the below as a response; should I send it and insist on it or just dismiss? Any suggestions or words of advice will be greatly appreciated.
1. In the dismissal papers, it should be noted that the civil compliant is jointly being dismissed without prejudice in order to allow the USCIS to adjudicate the plaintiff’s application within 30 days.
In Alternative,
2. We can file a joint extension for the response for another 60 days (and leave the civil compliant pending) to allow the USCIS to adjudicate the application.
Thank you.
Yousif
Check Federal rule 55(e): http://www.law.cornell.edu/rules/frcp/Rule55.htmkabi24 said:what happens if the US attorney doesen't respond within the 60 days, and there's no extension of the period?
Actual wording is "No judgment by default shall be entered against the United States or an officer or agency thereof unless the claimant establishes a claim or right to relief by evidence satisfactory to the court."
How to establish it that would "satisfy" the court I have no idea. Court deputy clerk may be the right person to talk about it. But in my case, when I called her once with a different question, she never called back (in LA, they always let the machine pick up the phone, so there is no chance to catch a live person, unless you go there yourself).
mohamedmohamed
Registered Users (C)
at least if you cant get default judgement again the united state, am sure you cas ask for a summary judgement, which should be guaranteed in such case, since the other deffense is missing., and i think some one actually have have a summary judgement against uscis it was posted here few days ago.LA_case said:
the bottom line is them not answering in the period of time specified by the court, weaken their already weak argumnet, so it just a music to the plaitiff ear, and am any judge, will that as it is, which is they just dont have anything to say.
kabi24 said:that's all the documents you need. The fee is $350.00 now up from $250.00 last month. i live in pierce county so i filled in Tacoma wich transfered the case to SEATTLE, i guess that's where it should be. For the summons, if you take them in with your complaint they will stamp them for you right away, and you can take them back with you (that's what the clerk told me).
As for who i named in my case: Chertoff, Emilio Gonzalez, Julia L. Harrison (DO director), Alberto R. Gonzales. and in my exhibits i included all my corespondance with USCIS, and the USCIS ombudsman.
The US attorney in seattle is
John McKay -
U.S. Attorney for the Western District of Washington
U.S. Attorney's Office
700 Stewart Street
Suite 5220
Seattle, WA 98101-1271
Tel: (206) 553-7970
Fax: (206) 553-0882
ISDN: (206) 264-2765
there's someone else in this thread from seattle i responded to last week, maybe we should all have a Namecheck Anonymous...
there you go good luck.
Thank you Kabi24. I think people in Seattle should network and get more info about how things are going in the Seattle district court. I think MohamadMohamd suggesting of sending a service certificate with the complaint that your served the defendants is a great idea. I saw that in the example that Publicus put for the I-1485.
I have a question for you, did you file a FOIA with FBI and did you contact your congressman ?since I haven't done so yet, I am wondering if this is necessary in a case of WOM?
Originally Posted by mohamedmohamed
one more trick, the attorneys do to shorten thetime between sending the material, and actual delivery time which also acceptable by the court in my district, is attached a service certificate to your complaint , or exhibit, signed, stating that you have served this by USPS mail, therefore , you dont need to send the return receipt and your service date, will be considered the date you filed this with the court.
That's a great tip mohamedmohamed, have you done that yourself?
I have an pending AOS case for name check and for WOM do you need to show that you contacted your congressman and the FBI?
one more trick, the attorneys do to shorten thetime between sending the material, and actual delivery time which also acceptable by the court in my district, is attached a service certificate to your complaint , or exhibit, signed, stating that you have served this by USPS mail, therefore , you dont need to send the return receipt and your service date, will be considered the date you filed this with the court.
That's a great tip mohamedmohamed, have you done that yourself?
I have an pending AOS case for name check and for WOM do you need to show that you contacted your congressman and the FBI?
mohamedmohamed
Registered Users (C)
i did that the second time when i filed my exhibits, after i asked my court clerk, and she said it is fine, beside it what all the attorneys do too, my only advice is that to check with your clerk, and make sure it is acceptable practice, and you miht want to double check the local rule for the civile procedures, in your district , it might mention something about it,AL11 said:
AL11
FILING FOIA is not a ncessery step, neither is talking to your congress/senator, it is one of the means you can show that you have exhusted all your administrative remedies, which can be anything else, like multiple info passes, calls to the 800 numbers, anything along that line
LA_case said:
If you arrive to that point, just file a motion to enter a judgment by default, and let the Judge to decide.
Even if the Judge doesn't grant your motion, at least s/he has to say something (i.e. give defendant a few week to come up with a response)...they (defendants and US Atty.) can't continue in the "silent" mode without doing anything