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

Question

Does any body know about this:

if someone like me who filed a complaint with Federal District Court against USCIS/DHS has to move to a different state, what would I need to do to get my case transferred to a different state?

Has any one passed thru cases where Plaintiff filed Motion to Strike, to get the Judge Order on a case before the hearing date?

I will appreciate your input and response...
 
lawyer99 said:
Hi, I am an immigration lawyer who has done over 100 mandamus and 8 USC 1447(b) cases. I was pretty impressed by the depth of information this forum provides, and the number of people who have successfully prosecuted their own cases. I definitely detect a pattern of delays of people from muslim countries and the PRC.

Funny enough, most immigration lawyers are not familiar with the mandamus process. It's the clients who are more concerned with their case delays. Recently, I went to a national conference for immigration federal litigators and we only had about 70 people show up. (Compared w/the thousands that show up at the national AILA conference) During the past year, I have seen the name check problem becoming more serious. (the latest CIS ombudsman report shows that more than 80,000 name check cases are delayed for more than 120 days) I also see that U.S. attorneys throughout the country are getting tougher on these cases. AUSAs are generally helpful, but some are becoming really litigious, perhaps due to their change in policy. I am curious to find out if anyone has had to appear in a status conference or conduct discovery. I am also researching the different AUSA reactions in various jurisdictions throughout the country. Your input is greatly appreciated.


Daniel Huang
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Dan,

In my spare time, I am helping people in my religious group to file lawsuits against DHS in NYC. I file both in Eastern District and Southern District of New York.

The pattern I have been seeing is that, so far, there has been status/tele conferences for some cases and no discovery. In my observation, it looks that as more people are filing, the resolving period is getting longer and AUSA has no choice but to go to court. But no, no, no, no discovery. They will avoid it at any cost. No government agencies want their own statistics to confirm their mismanagement, period. They usually petition for one and one and one extension and finally they will file a letter that since XX is working, please allow another 60 days. I have some cases filed in December 05 and have not resolve yet. But still no discovery.

Hope it helps!
 
Mr LA and friends who have already filed your 1447(b) petition:

I have a quick question for you. When you file your 1447(b) petition in your district court, what are the Nature of Suit and Cause listed on pacer? I am browsing on pacer to do some research for my upcoming 1447(b) petition this August. I saw many cases against USCIS has 890 for Nature of Suit and 1446 Petition for Naturalization for cause. are they the same as 1447(b)?

thanks,

jack

Mr LA said:
Congratulations my friend :)
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hope_Nov said:
Curious100,

Your cases were approved super fast. Congratulations. You made it.


I dropped off my WOM at District office today and paid $350. I was told to wait by the clerks. What should I do next? Just wait the court send me summoms?

The congressman of my district will organize a meeting next week and invited five individuals who have long waited immigration petition. I am one of them. I will go and see what he can do for us on the other hand.

Hope
Click to expand...

I printed out the Summons form from my district's website and have the clerk stamp them.
 
Another success in Northern California

I want to thank all of the folks on this thread. This thread proved to be the most useful resource to get me through the final obstacles on the way to citizenship. I've been lurking around for a while and now I've finally got something to say.

To make long story short, after 120 days were over, I went to USCIS office in San Jose, just to hear that my name check was still pending since it was submitted to FBI last October. So I bit the bullet and filed 1447(b) case. Almost immediatelly Judge sent defendants order to show cause. It didn't sound particularly sympathetic for the goverment and asked them if they have any good reason why he shouldn't grant me my relief. Two weeks later got a call from US Attorney office and was told that USCIS is ready to adjudicate. Signed proposed motion to dismiss (without prejudice) which was filed a bit later and lo and behold, this week I've got Oath letter saying that I'm scheduled for Aug 23rd.

That's pretty much it. Looks like at least in Northern California they've streamlined 1447b case handling and deal with them pretty efficiently.
 
basia866 said:
I am looking for some hints and ideas to get the US Attorney to respond to my case as indicated by law within 60 days (which already passed). I am not sure if I can contact her since I have legal representation and the lawyer who filed my case. What are my options? Do I have any?
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What does your attorney say??? He's the one who is supposed to keep an eye on the whole situation and act accordingly
 
basia866 said:
Unfortunately I can not get any answers. My lawyer advised me not to irritate him with my questions and my inquires on the progress of my case. I do not know what else to do? Devastated does not express my feelings.
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What you can do is to log into pacer and check your case status. Your US attorney number will be there. You will have to deal now through your lawyer but atleast you can see the day to day progress if any pacer.
 
cajack,

this is what I put into my paperwork:

Nature of suit is 890 - Other statutory actions
cause of action 8 U.S.C. 1447(b)



cajack said:
Mr LA and friends who have already filed your 1447(b) petition:

I have a quick question for you. When you file your 1447(b) petition in your district court, what are the Nature of Suit and Cause listed on pacer? I am browsing on pacer to do some research for my upcoming 1447(b) petition this August. I saw many cases against USCIS has 890 for Nature of Suit and 1446 Petition for Naturalization for cause. are they the same as 1447(b)?

thanks,

jack
Click to expand...
 
basia866 said:
Unfortunately I can not get any answers. My lawyer advised me not to irritate him with my questions and my inquires on the progress of my case. I do not know what else to do? Devastated does not express my feelings.
Click to expand...

basia866, talk to your attorney in person. Tell him that you as a client are not satisfied with the way your case is proceeding and that you feel very concerned about this lack of communication between you two. Ask him what his plan of action is now. Be firm and very proactive. You've paid the guy all this money - you deserve better treatment!
 
WOM related lawyer

Does one need an in-state lawyer to help with WOM cases? If one has to fight against AUSA for motion to dismiss etc, can any one recommend a lawyer in Indiana?

Thanks very much!
 
1447b example filed in North California

Syt:

I remember we exchanged some thoughts a couple of months ago and I remember that you lives in Bay area of california. I have a quick question for you. I was using pacer to do my research for 1447b lawsuit. To my surprise, I have not seen anybody file 1447b lawsuit since 1/1/2005. Do you have the same finding? Looks like not a lot of people in north california know this clause of the immigration law. If you already find any 1447b example filed in north california, please let me know. I will be able to file my lawsuit in eastern california district court about 10 days after your lawsuit.

Thanks,

Jack
syt said:
Congrats...
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cajack said:
Syt:

I remember we exchanged some thoughts a couple of months ago and I remember that you lives in Bay area of california. I have a quick question for you. I was using pacer to do my research for 1447b lawsuit. To my surprise, I have not seen anybody file 1447b lawsuit since 1/1/2005. Do you have the same finding? Looks like not a lot of people in north california know this clause of the immigration law. If you already find any 1447b example filed in north california, please let me know. I will be able to file my lawsuit in eastern california district court about 10 days after your lawsuit.

Thanks,

Jack
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Dear Jack,

So you have ultimately decided to hire a lawyer for 1447(b)? If I get to that point in October, I will surely file Pro Se. To make the entire process less stressful, I will drive down to the U.S. District Court House the week after next to gather all the necessary information/documentation.

I will prepare the lawsuit on my Mac while I am in Europe (8/19 thorough 9/9) and do some finishing touches upon my return. This way, I can relax a little for the rest of September and simply file the lawsuit on October 19th, 2006.

Cheers!

Legal
 
LegalAlien99 said:
Dear Jack,

So you have ultimately decided to hire a lawyer for 1447(b)? If I get to that point in October, I will surely file Pro Se. To make the entire process less stressful, I will drive down to the U.S. District Court House the week after next to gather all the necessary information/documentation.

I will prepare the lawsuit on my Mac while I am in Europe (8/19 thorough 9/9) and do some finishing touches upon my return. This way, I can relax a little for the rest of September and simply file the lawsuit on October 19th, 2006.

Cheers!

Legal
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Legal,
I talked to a lawyer today. He says call me in 1 year if you are still pending. He said depending on the court and the judge they may remand it right back to USCIS if its just 120 days etc. The trick is to get a sympathetic AUSA and a court that has shown sympathy for people like us. I would say study your court's record. I think southern Cal is the best now. Midwest may not be. Is it possible to directly approach the US attorney's office in our district and talk to a AUSA about our intennt and see if they can help speed things any without a law suit? Just an idea
 
lotechguy said:
Legal,
I talked to a lawyer today. He says call me in 1 year if you are still pending. He said depending on the court and the judge they may remand it right back to USCIS if its just 120 days etc. The trick is to get a sympathetic AUSA and a court that has shown sympathy for people like us. I would say study your court's record. I think southern Cal is the best now. Midwest may not be. Is it possible to directly approach the US attorney's office in our district and talk to a AUSA about our intennt and see if they can help speed things any without a law suit? Just an idea
Click to expand...

Hi buddy!

I am got to run some errands now. I will shoot you an e-mail later today. Okay? By the way, my U.S. District Court (Eastern VA) is known as the 'rocket bench' for moving cases very fast.

Remand: No court in its right mind will decide a 1447(b) case - meaning naturalizing the petitioner - without completed background checks. What I am looking for is the court issuing a remand, setting USCIS/FBI a deadline of 30 to 60 days to finish the name check. That would work for me.

Best wishes,

Legal
 
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file WOM for I-485 case

Can anyone help me to understand if File a 1447(b) is only for N-400 or it can for I-485. Because my 485 have been pending for name check about 3 years. I wonder if I can file 1447(b) to expedia my name check processing.

Thanks,
 
Fbi Did Finish My Name Check 2 Years Ago, And Cis Is Laying

Today I received a letter from MR.Glen Scott, assistant section chief-national name check program/ records management division.

The letter is a response for the letter I sent to Mrs. Bush last May, concerning the delay in my N-400 DUE TO NAME CHECK delay.

It says: a review of the FBI’s name check program database revealed that your request was received from the USCIS on 7/ 26/ 04”ONLY 20 DAYS AFTER I APPLIED”, and it was processed and finalized 7/27/04”next day they received the request from CIS”, The results were forwarded to the UDCIS headquarters, W.DC.

Eventually these pastards at the CIS are laying to me for more than two years now.

They cancelled 2 interviews for me, have me waiting and suffer from extreme hardship, since each time I went to them, they simply said: your security background check is pending, and we can’t proceed in your application.

What your guys opinion regarding theses Sob’s, and what should my next step looks like.

Regards, Moody
 
Yes, I used 890 to file in N. CA Court (Oakland)

cajack said:
Mr LA and friends who have already filed your 1447(b) petition:

I have a quick question for you. When you file your 1447(b) petition in your district court, what are the Nature of Suit and Cause listed on pacer? I am browsing on pacer to do some research for my upcoming 1447(b) petition this August. I saw many cases against USCIS has 890 for Nature of Suit and 1446 Petition for Naturalization for cause. are they the same as 1447(b)?

thanks,

jack
Click to expand...
 
1447(b) is for N-400 applicants ONLY

easterstr said:
Can anyone help me to understand if File a 1447(b) is only for N-400 or it can for I-485. Because my 485 have been pending for name check about 3 years. I wonder if I can file 1447(b) to expedia my name check processing.

Thanks,
Click to expand...
 
Jack,

Yes, I am in Bay Area, CA. I do not study on how to use pacer yet. I am sorry. I can't answer your questions about PACER. However, I have all paper work done and ready to file. I am waiting for my day 08/11. It is 14 days left. Good luck to us.

Regards,
syt

cajack said:
Syt:

I remember we exchanged some thoughts a couple of months ago and I remember that you lives in Bay area of california. I have a quick question for you. I was using pacer to do my research for 1447b lawsuit. To my surprise, I have not seen anybody file 1447b lawsuit since 1/1/2005. Do you have the same finding? Looks like not a lot of people in north california know this clause of the immigration law. If you already find any 1447b example filed in north california, please let me know. I will be able to file my lawsuit in eastern california district court about 10 days after your lawsuit.

Thanks,

Jack
Click to expand...
 
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