some14all said: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.
Now that you filed a motion to default judgment and you have the upper hand, I think you should call the AUSA and try to understand what is going on. when she called you yesterday, did she tell you why they need the extenstion, did she tell you their intent, do you think the letter you got was a retaliation for you not accepting another 30 days extention?
you know lawyers talk to each other all the time, and since you represent yourself you should be keeping in touch with her. She knows now that you are tough and willing to fight, so she will have more respect for you. Some people on this forum were able to convince the AUSA not to file a motion to dismiss and work with them to get the case resolved. it won't hurt to show her that you researched the law and she really has no chance of winning the dissmisal based on lack of lack of subject matter jurisdiction and/or sovereign immunity.
Which US District court you are in?
Good luck and keep up posted, your fight is very important to all of us