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

Balto said:
First, let me say a heartfelt THANKS to Publicus and everyone in the forum from whom I gained so much help and moral support during this dreadful journey. At times I felt so down and it was you guys who cheered me up and kept me going with this fight, without this thread, without you all, I would still be waitng in the dark.

My oath ceremony was at 9am on 7/14/06 in Baltimore. Got there around 8:30am, then went to the 7th floor. Showed the oath letter with the questions on page 2 answered and checked by INS, turned in GC, double checked the info on the Certificate, took the oath and received the Certificate. I became a proud USC at 10am :D

For those who are in Maryland, you can bring guests to the ceremony. The room is quite big and can hold roughly 200 people. They are holding multiple oath ceremonies every day at different time slot. I knew there is one at 3pm, mine was 9am and Ralphy's at 11am.

Best wishes for all who are still fighting, and if I can be of any help, please drop me a line. Remember, knowledge is power, and we CAN and WILL win this fight!

Balto
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Congratulations Balto!! Enjoy the victory!

May USCIS staff get off their a$$es and do their job!

Best Regards
 
Congratulations Balto

Balto said:
First, let me say a heartfelt THANKS to Publicus and everyone in the forum from whom I gained so much help and moral support during this dreadful journey. At times I felt so down and it was you guys who cheered me up and kept me going with this fight, without this thread, without you all, I would still be waitng in the dark.

My oath ceremony was at 9am on 7/14/06 in Baltimore. Got there around 8:30am, then went to the 7th floor. Showed the oath letter with the questions on page 2 answered and checked by INS, turned in GC, double checked the info on the Certificate, took the oath and received the Certificate. I became a proud USC at 10am :D

For those who are in Maryland, you can bring guests to the ceremony. The room is quite big and can hold roughly 200 people. They are holding multiple oath ceremonies every day at different time slot. I knew there is one at 3pm, mine was 9am and Ralphy's at 11am.

Best wishes for all who are still fighting, and if I can be of any help, please drop me a line. Remember, knowledge is power, and we CAN and WILL win this fight!

Balto
Click to expand...
 
I'm so happy for your big victory! Congratulations!!!

Balto said:
First, let me say a heartfelt THANKS to Publicus and everyone in the forum from whom I gained so much help and moral support during this dreadful journey. At times I felt so down and it was you guys who cheered me up and kept me going with this fight, without this thread, without you all, I would still be waitng in the dark.

My oath ceremony was at 9am on 7/14/06 in Baltimore. Got there around 8:30am, then went to the 7th floor. Showed the oath letter with the questions on page 2 answered and checked by INS, turned in GC, double checked the info on the Certificate, took the oath and received the Certificate. I became a proud USC at 10am :D

For those who are in Maryland, you can bring guests to the ceremony. The room is quite big and can hold roughly 200 people. They are holding multiple oath ceremonies every day at different time slot. I knew there is one at 3pm, mine was 9am and Ralphy's at 11am.

Best wishes for all who are still fighting, and if I can be of any help, please drop me a line. Remember, knowledge is power, and we CAN and WILL win this fight!

Balto
Click to expand...
 
Balto said:
First, let me say a heartfelt THANKS to Publicus and everyone in the forum from whom I gained so much help and moral support during this dreadful journey. At times I felt so down and it was you guys who cheered me up and kept me going with this fight, without this thread, without you all, I would still be waitng in the dark.

My oath ceremony was at 9am on 7/14/06 in Baltimore. Got there around 8:30am, then went to the 7th floor. Showed the oath letter with the questions on page 2 answered and checked by INS, turned in GC, double checked the info on the Certificate, took the oath and received the Certificate. I became a proud USC at 10am :D

For those who are in Maryland, you can bring guests to the ceremony. The room is quite big and can hold roughly 200 people. They are holding multiple oath ceremonies every day at different time slot. I knew there is one at 3pm, mine was 9am and Ralphy's at 11am.

Best wishes for all who are still fighting, and if I can be of any help, please drop me a line. Remember, knowledge is power, and we CAN and WILL win this fight!

Balto
Click to expand...

congratulations Balto ...
 
I called AUSA today to follow-up my wife's case

She told me that I can not add my wife's name into plaintiff list, because I am not a lawyer. I guest she means that I can present myself, but not my wife, therefore I don't have power to add my wife's name as plaintiff.

Does it make sense? If that's true, you guys should list your spouse's name on the complaint, in case the primary applicant is approved but not the beneficiary.

So it seems that my only choice is to file a voluntary dismissal for my complaint. Do I have a way to keep it alive until my wife's case been dissolved?
 
writ of mandamus dismissal

hello guys
4 months ago, I took immigration, michael chertoff, ....etc to court because of the delay on my green card. I have excatly everything i saw in this forum. 30 days ago, the US attorney asked me for 30 days extention as immigration promised him to have the matter resolved. Guess what, today was the last day of the extention. I just received a letter from the us attorney saying that they want to dismiss the complaint (writ of mandamus) based on a lack of subject matter jurisdiction and/or sovereign immunity. What the hell? Can they do that, what should I do, any suggestions?
 
Call and talk to the US attorney and ask about the letter and explanation. You should also consult Rajeev khanna, Ron Gotcher or Carl Shsuterman on what your next step should be and wether you can enter into some agreement that you will drop the case and your AOS is approved.
 
xu111 said:
She told me that I can not add my wife's name into plaintiff list, because I am not a lawyer. I guest she means that I can present myself, but not my wife, therefore I don't have power to add my wife's name as plaintiff.

Does it make sense? If that's true, you guys should list your spouse's name on the complaint, in case the primary applicant is approved but not the beneficiary.

So it seems that my only choice is to file a voluntary dismissal for my complaint. Do I have a way to keep it alive until my wife's case been dissolved?
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xu111,
It seems right. You can represent only yourself, not anybody else. I guess your wife will have to file a separate lawsuit pro se.

You can't prolong your case and wait till your wife's matter is resolved. The judge will not let you continue for an indefinite period of time. Your case has nothing to do with your wife's case (technically), since she is not a party to your lawsuit.

Let your wife to file her own lawsuit. You can help her out.

Good luck!
 
some14all said:
hello guys
4 months ago, I took immigration, michael chertoff, ....etc to court because of the delay on my green card. I have excatly everything i saw in this forum. 30 days ago, the US attorney asked me for 30 days extention as immigration promised him to have the matter resolved. Guess what, today was the last day of the extention. I just received a letter from the us attorney saying that they want to dismiss the complaint (writ of mandamus) based on a lack of subject matter jurisdiction and/or sovereign immunity. What the hell? Can they do that, what should I do, any suggestions?
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Well, the US Atty can't just dismiss your case. They will have to file a motion to dismiss with the court. The judge will review it and decide whether to grant them the motion or not.

If the US Atty files his motion to dismiss, you will have to respond with the paper called "Plaintiff's Opposition to Defense's Motion to Dismiss," in which you will present your argument (based on applicable law - statutes, codes, cases, etc.) why the defendants' motion must not be granted.

I suspect, they tried to adjudicate your case but ran out of time. Wait till the US Atty files the motion to dismiss (keep track of it; try to find about it as soon as it is filed). Meanwhile, work on drafting your opposition.

Good luck!
 
some14all said:
hello guys
4 months ago, I took immigration, michael chertoff, ....etc to court because of the delay on my green card. I have excatly everything i saw in this forum. 30 days ago, the US attorney asked me for 30 days extention as immigration promised him to have the matter resolved. Guess what, today was the last day of the extention. I just received a letter from the us attorney saying that they want to dismiss the complaint (writ of mandamus) based on a lack of subject matter jurisdiction and/or sovereign immunity. What the hell? Can they do that, what should I do, any suggestions?
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Why don't you call the AUSA and talk to him to see what is going on, you should make him feel embarrased that he told you something and now is saying something else, so remind him of what he told you 30 days ago. if it is just a matter to time, may be you can do another extention instead of the motion to dismiss. Even if he files a motion to dismiss, the judge will not agree (but you should file an answere anyway) and most likely the judge will order them to get back with you within a certain time frame.
Don't get discouraged and keep going and keep the line of communications open.
 
Start Working!!!

some14all said:
hello guys
4 months ago, I took immigration, michael chertoff, ....etc to court because of the delay on my green card. I have excatly everything i saw in this forum. 30 days ago, the US attorney asked me for 30 days extention as immigration promised him to have the matter resolved. Guess what, today was the last day of the extention. I just received a letter from the us attorney saying that they want to dismiss the complaint (writ of mandamus) based on a lack of subject matter jurisdiction and/or sovereign immunity. What the hell? Can they do that, what should I do, any suggestions?
Click to expand...
Hey Some14all,

If the AUSA has not filed Motion to Dismiss Today ... I would suggest to file Default Judgement right away by tomorrow morning... Saying they did not answer even per court's order... and you in good faith gave them extra time to work on your case and come to a decision... and Please dont feel afraid... be strong... start looking for cases on this forum who filed responses to their motion to dismiss... there are very strong cases discussed on this forum... abd ask questions... I have personally never seen any place like this where there is no hate no competetion... we all are from different backgrounds and have different languages... but here we speak only one language and that is WE ARE STRONG AS WE ARE TOGETHER... NO ONE IS LEFT BEHIND HERE... Start thinking ahead of the game... AUSA in your case has to files many responses and many other legal documents for many different cases... this is in your favor... because you have onyl one case to represent that is your own... so start working... GOOD LUCK!!!

There are very intelligent people here, like Mohamed, Bo, Suzy, Buggin, SFaizullah, I am bad with remembering names... but there are too many to answer your questions... I personally have found every one very helpful... so please... be strong... today its your turn... to stand up... we are different from those who are still waiting and dont know what kind of ideots these USCIS people are... they do nothing but ask us to wait... We have an edge over others in a way that we have knowledge and will to stand for ourselves... we dont have bad backgrounds... no criminal records... then we should be treated like one... we take safety of this country more seriously than anyone else because we feel more responsible being in a different country and more responsible being representatives of our different backgrounds and cultures... we are beautiful people... we are peace loving and caring... so we deserve some respect... please... please... be strong and start preparing...

look into your local rules how to prepare any kind of response...
look for laws discussed in this forum...
look for the cases discussed in this forum...
look for ADVICE...

GOOD LUCK!!!
 
some14all said:
hello guys
4 months ago, I took immigration, michael chertoff, ....etc to court because of the delay on my green card. I have excatly everything i saw in this forum. 30 days ago, the US attorney asked me for 30 days extention as immigration promised him to have the matter resolved. Guess what, today was the last day of the extention. I just received a letter from the us attorney saying that they want to dismiss the complaint (writ of mandamus) based on a lack of subject matter jurisdiction and/or sovereign immunity. What the hell? Can they do that, what should I do, any suggestions?
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Do not worry. The subject matter jurisdiction is very easy to defeat. Just look at the pdf I attached. No, "sovereignty immunity", that is quite laughable because this refers to the FTCA (The federal tort claimant act) that limit the monetary compensation to the employee of the federal government if such an employee acts within the power of his office. Note, this is related to "monetary compensation", not compelling the officer to perform his duty. Just look at the attached pdf from Harvard. It is a good article and has a lot of case references that you can use.
Can you tell me which AUSA is that? He seems to be really really desperate... :D Sovereignty immunity, ha, this is the first time I have ever heard that defense...

Read through the two articles and type up a objection.
 
ernorman said:
Do not worry. The subject matter jurisdiction is very easy to defeat. Just look at the pdf I attached. No, "sovereignty immunity", that is quite laughable because this refers to the FTCA (The federal tort claimant act) that limit the monetary compensation to the employee of the federal government if such an employee acts within the power of his office. Note, this is related to "monetary compensation", not compelling the officer to perform his duty. Just look at the attached pdf from Harvard. It is a good article and has a lot of case references that you can use.
Can you tell me which AUSA is that? He seems to be really really desperate... :D Sovereignty immunity, ha, this is the first time I have ever heard that defense...

Read through the two articles and type up a objection.
Click to expand...

Continued from yesterday: :D

In 1976, the U.S. Congress enacted Public Law 94-57413 which amended 5 U.S.C. § 702 to read in part: "An action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party." The purpose of the amendment was to facilitate judicial review of federal agency actions by eliminating the defense of sovereign immunity.

The law reads literally:

5 U.S.C. § 702. Right of review

A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. An action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party. The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States: Provided, That any mandatory or injunctive decree shall specify the Federal officer or officers (by name or by title), and their successors in office, personally responsible for compliance. Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground; or (2) confers authority to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.
 
FOIPA process time

Does anyone request a FOIPA recently? I file a FOIPA on 6/14 through USPS certified mail, and received by FBI on 6/21, but until today I do not get back from FBI. Is this normal? ( base on their web site, it should take about 3 weeks). My lawyer suggest to start MOM after get FOIPA with clean result. P
 
writ of mandamus dismissal

First of all, many thanx to all who answered my question, I really felt that I was not left alone. OK, so here is the deal. You see, when the 60 days period on the summons expired, the US attorney in Pensacola, FL called me and asked for agreeing on 30 days extension as DHS promised her that they are in final stages of investigation of my I-485 case. Yesterday was the end of the 30 days period, and she called me saying that her defendents request another 30 days. I have objected and said that I have already agreed to a previous extension and I am not allowing a new cycle of extensions. Minutes later, i receive an email from her (which has a copy of the new motion for extension). What the motion basically says is this:

"At the request of the Department of Homeland Security (DHS), the undersigned previously requested a thirty (30) day extension of time within which to respond to the plaintiff’s Original Complaint for Writ in the Nature of Mamdamus and Declaratory Judgment. Although the undersigned diligently has sought instructions from the DHS, it was not until this afternoon
that the Regional Counsel of United States Department of Homeland Security (DHS) asked that the undersigned oppose the plaintiff’s Complaint based on a lack of subject matter jurisdiction and/or sovereign immunity. The undersigned is preparing a motion to dismiss the Complaint on the grounds that there is no jurisdiction to hear the complaint but needs additional time within which to prepare a proper response in opposition to the plaintiff’s Original Complaint. Thus, at this time, the government requests a an extension of thirty (30) days within which to respond to and answer the plaintiff’s Original Complaint. While the undersigned intends to file the motion
to dismiss as quickly as possible, and before the additional time requested, the undersigned seeks thirty (30) days in order to insure that the motion is accurate."

that is the BS she threw at me. Anyway, I just went to the court and file a motion to default judgment. I guess there are two outcomes:
1. if the judge wants to go with my motion, that is good.
2. if the judge wants to grant them their extension motion, then that means i need to prepare for the fight of not dismissing the case.

I will need the help from all of you, and I am sure you will do so. I guess all what I need to show is that according to law, the court has jurisdiction and show it through other similar cases that were tried in court. Then, if someone can point me or has a list of these cases, I can use such cases to proof mine. again, thanx for all the help so far.
 
WOM cases not promising

It seems to me that AOS cases has much lower priority to CIS than N400 cases. From my reading, AOS cases rarely get resolved within 60 days. Even for Xu11's recent victory within a month, I still think that his case was approved normally but not as the result of WOM.

Haddy, how is your situation now? Any updates after they filed the motion to dismiss? What is your fight plan?

I filed WOM on 6/5/06 at EDNY and served summons on 6/6/06. Called local US Attorney's office one month later and found out that they hired a contractor lawyer to handle these cases. Called that person and he said he has not received my case yet. Will call again one week before deadline. In the meantime, I am reading this thread daily and collecting documents to prepare for the further fight.
 
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FOIPA reply from FBI

gc18 said:
Does anyone request a FOIPA recently? I file a FOIPA on 6/14 through USPS certified mail, and received by FBI on 6/21, but until today I do not get back from FBI. Is this normal? ( base on their web site, it should take about 3 weeks). My lawyer suggest to start MOM after get FOIPA with clean result. P
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It normally takes between 3 and 4 weeks to get a reply from FBI. You should be getting it any time now.

Goodluck
 
nobigdeal said:
It seems to me that AOS cases has much lower priority to CIS than N400 cases. From my reading, AOS cases rarely get resolved within 60 days. Even for Xu11's recent victory within a month, I still think that his case was approved normally but not as the result of WOM.

Hardy, how is your situation now? Any updates after they filed the motion to dismiss? What is your fight plan?

I filed WOM on 6/5/06 at EDNY and served summons on 6/6/06. Called local US Attorney's office one month later and found out that they hired a contractor lawyer to handle these cases. Called that person and he said he has not received my case yet. Will call again one week before deadline. In the meantime, I am reading this thread daily and collecting documents to prepare for the further fight.
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As far as I have read the cases named "chertoff" or "USCIS" as defendant with "other" federal statute in EDNY, it looks like most of the cases were resolved within 3 months, with some exceptions. The AOS cases have no noticeable difference from N-400 cases. There are two cases that are pending more than 3 months, one is pending 4 months and the other is pending 6 months. The 4 months one, the guy was approved after 3 months but he hasn't seen his green card, so he told the judge to leave his case there. The 6 months one, the guy seems to have some old convictions...

I will recommend that you file a motion to oppose when they first file an extention, adding a language in the last paragraph that "if this Honorable Court feels that some extension of time is warranted, Petitioner respectfully requests that the extension not be open-ended and indefinite, as Defendants request, but instead be for a definite period not to exceed thirty (30) days.
Petitioner further requests that this Honorable Court then set this matter for trial as soon as possible." Then the judge must rule on this issue, usually limiting their capability of further delaying.

My couple of cents.
 
nobigdeal said:
It seems to me that AOS cases has much lower priority to CIS than N400 cases. From my reading, AOS cases rarely get resolved within 60 days. Even for Xu11's recent victory within a month, I still think that his case was approved normally but not as the result of WOM.
Click to expand...

I agree with you that AOS cases has much lower priority but I think it's not in CIS. I servered WOM on 6/7/06, the CIS got my complaint 6/12/06, from congressman's inquiry to CIS, CIS sent request to expedite my NC on 6/13/06 but haven't got any response from FBI yet. The CIS also asked FBI second time on 7/10/06, still no answer from FBI. So, it looks like for my case, it's FBI does not take it seriously, not CIS.

Anyway, for WOM/AOS cases in this thread, most of them take more than 3 or 4 monthes or even longer, except few lucky person like Xu111 ;) . We all envy you,Xu111 :D but also very happy for you too! :) :)

For all the people they file WOM/AOS, save all the related info on this thread, prepare for the fight(chances very high) you may face.
 
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