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

The following information was posted by EGYPTIONCASTLE last March (his post 29)---

Oct2003 said:
I am in North CA and preparing to file a WOM.
Could you please tell me if you put a District Director of USCIS in your Defendant list and what is the Director's name? Thanks
Oct2003
Click to expand...

For Oct2003 and others

4th March 2006, 03:29 PM
EGYPTIANCASTLE
Registered User Join Date: Aug 2005
Location: Monterey, CA
Posts: 29


Useful Info

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Here is some info I have gathered over time, you might find it useful. Good luck:

FBI Headquarters main number is: 202-324-3000 (ask
the operator to transfer you to a supervisor in Mr. Hardy's section)

Alberto R. Gonzales, United States Attorney General
US Department of Justice
950 Pennsylvania Ave., NW
Washington, DC 20530-0001

Michael Chertoff, Secretary of the Department of Homeland Security
Office of the General Counsel
US Department of Homeland Security
Washington, D.C. 20528

Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 20528

Robert S. Mueller, III, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Ave., NW
Washington, DC 20535-0001

DHS/ USCIS
Office of the Chief Counsel
20 Massachusetts Ave. N.W.
Suite 4025, Fourth Floor
Washington, D.C. 20529

this is the AILF contact info, why not run this issue by them.
Nadine K. Wettstein, Director, Legal Action Center
202-742-5600 ext.5611 (nwettstein@ailf.org)

Steps to take to file a lawsuit:

1. Contact your Federal District Court and ask for a Civil Case Pro Se package.
2. Read it and follow the instructions.
3. Prepare a lawsuit on Microsoft word. Print it and sign it.
4. Get a Civil Cover sheet and fill it out.
5. Call the court and ask to speak to the clerk...explain your situation and listen for advice.
6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet]
7. The court will send you a summons with your case number.
8. Make copies of the summons and your complaint. (one for each defendant and an extra copy for the US attorney in your district)
9. Put the case # on all copies.
10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty office. Call the US ATTORNEY and get their address and the right department you should send your complaint to. (read the memo called whom to serve in my first post)
11. Wait for the return receipt. The 60-day count starts from the date shown on the receipt received from the US atty.
12. File the return receipt with the court, and send a copy to the US atty office.
13. From here, everytime you file something with the court, send a copy to the US attorney and file a Certificate of service with the court. (see p.10 of this thread for an example)
14. 2 weeks before the expiration of the deadline, call the US atty, introduce yourself, and ask about your case.
15. Hopefully the name check will be cleared, and you'll be a citizen within 2 to 3 months of filing the suit.
For the employees of DHS, you send the summons to the Office of the General Counsel. Since you sued Alberto Gonzales, send one to him, and send the summons to the local US attorney office, call them and ask for the correct address. So basically, the Divine and Chertoff copies go to the General Counsel. The Attorney General's copy goes to him, and finally one copy of the complaint goes to the local US attorney. (address it to him)
As follows is what I got from Rule 4 Summons of Federal Rules of Civil Procedure http://www.law.cornell.edu/rules/frcp/Rule4.htm

(i) Serving the United States, Its Agencies, Corporations, Officers, or Employees.
(1) Service upon the United States shall be effected

(A) by delivering a copy of the summons and of the complaint to the United States attorney for the district in which the action is brought or to an assistant United States attorney or clerical employee designated by the United States attorney in a writing filed with the clerk of the court or by sending a copy of the summons and of the complaint by registered or certified mail addressed to the civil process clerk at the office of the United States attorney and (B) by also sending a copy of the summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District of Columbia, and

(A) Service on an agency or corporation of the United States, or an officer or employee of the United States sued only in an official capacity, is effected by serving the United States in the manner prescribed by Rule 4(i)(1) and by also sending a copy of the summons and complaint by registered or certified mail to the officer, employee, agency, or corporation.

The rule only mentions registered or certified mail. I will call the Court to see if I can get a definite answer from Clerk.
When you receive the return receipt, file a prove of service with the court.
Remember, call the court's clerk's office if you need help

USCIS Office Contacts, Titles, Faxes and Phone Numbers

Washington DC Phyllis Howard DO (703) 285-6030

San Francisco David Still DADDE (415) 705-4528

San Jose Richard Brown IE (408) 291-7027

Atlanta Dwight Faulkner SRIE (404) 331-2781

Dallas Debra Dunkan-Abreo IE (214) 767-6353

Oklahoma City Larry Dydek SIE (405) 231-5943

El Paso Joseph Grillo SIE (915) 534-6387

Albuquerque Jamie Collier IE (505) 766-2590

Harlingen Barbara Avery SIE (512) 427-8594

Houston Joseph Gallipeau ADDE (713) 847-4826

Miami Mariano Faget SRIE (305) 536-4920

Jacksonville Thomas Ward AOIC (904) 791-2039

Tampa Bidd Burton SIE (813) 228-2165

New Orleans Slyvia Ryan IE (504) 589-6529

Louisville Bruce Firkey SIE (502) 582-8380

Memphis Diane Campbell SIE (901) 521-4155

San Antonio Ralph Traslavina SIE (512) 229-6243

Los Angeles John Tu IE (213) 894-2101

Sacramento Sharon Hudson IE (916) 551-2793

Phoenix Karen Dorman IE (602) 261-6666

Tucson William Johnston OIC (602) 670-6354

Honolulu David Gulick ADDE (808) 541-1382

San Diego LAuren Mack IE (619) 556-6064

Anchorage Gregory Stanley DO (907) 271-4517

Chicago Shirley Roberts ADDE (312) 886-0600

Cleveland Denise Garrett SIE (216) 522-4777

Denver Jack Hartsock SRIE (303) 844-4569

Detroit Della Black SDO (313) 226-3276

Helena Bruce Alland SII (406) 449-5220

Kansas City Mark Mason IE (816) 891-8352

Omaha Ralph Lease ADDE (406) 221-3716

Portland OR Jerry Uhde ADDE (503) 326-5266

St. Paul Dean Hove ADDE (612) 725-3456

Seattle Richard Smith DD (206) 442-5950

Cincinnati Patrick Elersic OIC (513) 684-2412

Indianapolis Don Ferguson AOIC (317) 226-6226

Milwaukee Ronald Swan OIC (414) 297-3565

Salt Lake City Allan Speirs SIE (801) 524-6509

St. Louis Geraldine Frison IE (314) 425-4532

Spokane Russell Manchester OIC (509) 353-2758

Baltimore Linda Fuller ADDE (301) 859-0920

Boston Steve Farquerson ADDE (617) 565-3106

Buffalo Jack Bulger ADDE (716) 846-4740

Newark John Lonergan ADDE (201) 645-2437

New York Maryanne Gantner ADDE (212) 264-5891

Philadelphia (215) 597-8308

Portland ME Gene Quellette ADDE (207) 597-3444

San Juan Robert Bowles ADDE (809) 753-5429

Albany Gary Hale OIC (518) 472-7140

Hartford John Weiss OIC (203) 722-3052

Pittsburgh George Hess OIC (412) 644-3360

Washington, DC District Office
4420 North Fair
Fax Drive Arlington, VA 22203
District Director: Warren A. Lewis
Phone: 202-307-1642

Norfolk Sub-Office
Norfolk Commerce Park 5280 Henneman Drive Norfolk, VA 23513
8:OOA - 4:30P (Mon - Fri)
Officer in Charge: William W. Bittner
Phone: 757-858-7519

San Juan District Office
P.O. Box 365068 San Juan, PR 00936
Physical Address: San Patricio Ofc. Ctr. 7 Tabonuco St., Ste. 100
Guaynabo, PR 00968
7:30A - 4:30P (Mon - Fri)
District Director: Myrna O. Pere
Phone: 787-706-2343
Fax: 787-706-2349

St. Croix Sub-Office
P.O. Box 1468 Kingshill Dr., St. Croix, USVI 00851
8:30A - 4:30P (Mon) 8:00 A - 4:30P (Tue - Fri)
Officer in Charge: Willis T. Reeves
Phone: 340-778-6559

Charlotte Amalie Sub Office
Nisky Center Suite l A, 1st Floor South Charlotte Amalie, St.
Thomas, USVI 00802
7:30A - 3:30P (Mon - Thur) 7:30A - 12:OOA (Fri)
Officer in Charge: Ronald G. Parra
Phone: 340-774-1390

Philadelphia District Office
1600 Callowhill St. Philadelphia, PA 19130
7:30A - 3:OOP (Mon - Wed & Fri) 7:30A - 11:OOA (Thur)
Acting District Director: Charles Zemski
Phone: 215-656-7150
Fax: 215-656-7200

Pittsburgh Sub-Office
2130 Federal Bldg. 1000 Liberty Ave. Pittsburgh, PA 15222
8:OOA - 4:30P (Mon, Tue, Thur & Fri) 8:OOA - 11:OOA (Wed)
Officer in Charge: George R. Hess
Phone: 412-395-4460

Portland District Office
176 Gannett Drive S. Portland, ME 04106
8:OOA - 4:OOP (Mon - Fri)
District Director: Gregory Smith
Phone: 207-780-3399
Fax: 207-780-3521

St. Albans Sub-Office
P.O. Box 328 St. Albans, VT 05478
8:OOA - 4:30P (Mon - Fri)
Officer in Charge: Noel Induni
Fax: 802-527-3260

Newark District Office
Federal Bldg. 970 Broad Street Newark, NJ 07102
8:OOA - 4:30P (Mon - Fri)
District Director: Andrea Quarantillo
Phone: 973-645-4421

New York District Office
26 Federal Plaza New York, NY 10278
7:30A - 3:30P (Mon - Fri)
District Director: Edward J. McElroy
Phone: 212-264-5891

Garden City Satellite Office
711 Stewart Ave. Garden City, NY 11530
7:30A - 4:OOP (Mon - Fri)
Site Manager: Linda Pritchett
Phone: 516-228-9242

Cherry Hill Sub-Office
1886 Greentree Rd. Cherry Hill, NJ 08003
8:OOA - 3:30P (Mon - Tue, Thur & Fri)
Officer in Charge: Carol A. Bellew
Phone: 609-424-7712

New Orleans District Office
Postal Services Building 701 Loyola Ave. Rm. T-8011 New Orleans,
LA 70113
7:30A - 2:15P (Mon - Fri)
District Director: Christine Davis
Phone: 504-589-6521
Fax: 504-589-2504

Louisville Sub-Office
Gene Snyder U.S. Custom House 601 West Broadway, Rm. 601
Louisville, KY 40202
8:OOA - 4:30P (Mon - Fri)
Officer in Charge: Michael Conway
Phone: 502-582-6526
Fax: 502-582-6373

Memphis Sub-Office
1341 Sycamore View, Ste. 100 Memphis, TN 38134
8:00A - 4:30P (Mon - Fri)
Officer in Charge: Mr. Leslie Klinefelter
Phone: 901-544-0256
Fax: 901-544-0281

Detroit District Office
Federal Bldg. 333 Mt. Elliot Street Detroit, MI 48207-4381
7:OOA - 3:30P (Mon - Fri)
District Director: Carol A. Jenifer
Phone: 313-568-6000
Fax: 313-568-6004

Miami District Office
7880 Biscayne Blvd. Miami, FL 33138
7:30A - 8:30P (Mon - Fri)
District Director: Robert A. Wallis
Phone: 305-762-3680

Fort Lauderdale/Port Everglades Sub-Office
1800 Eller Drive. Suite 401 P.O. Box 13054 Port Everglades
Station Fort Lauderdale, FL 33316
Port Director: Simon Nader
Phone: 954-356-7790

Florida Border Patrol Sector Headquarters
Phone: 954-963-9805

Freeport Bahamas Sub-Office
P.O. Box F-2664 Freeport Grand Bahama, Bahamas
Officer in Charge: Robert Mainbourg

Jacksonville Sub-Office
4121 Southpoint Blvd. Jacksonville, FL 32216
Officer in Charge: David Angotti
Phone: 904-232-2164
Fax: 904-232-2388

Orlando Sub-Office
9403 Tradeport Dr. Orlando, FL 32827
8:OOA - 1:OOP (Mon - Fri)
Officer in Charge: Maris Stella Jarina
Phone: 407-855-1241
Fax: 407-855-1727

Tampa Sub-Office
5524 W. Cypress Tampa, FL 33607
8:OOA - 11:OOA (Mon - Fri)
Officer in Charge: James Minton
Phone: 813-637-3010
Fax: 8 I 3-288-1045

West Palm Beach Sub-Office
301 North Broadway, Ste. 142 Riviera Beach, FL 33404
7:OOA - 3:OOP (Mon - Fri)
Officer in Charge: Phyllis Ruggiero
Phone: 561-841-0498
Fax: 561-863-2941

Cleveland District Office
Anthony J. Celebreeze Federal Bldg. 1240 E. 9th Street, Rm. 1917
Cleveland, OH 44199
8:OOA - 4:OOP (Mon, Tue, Thur & Fri) (closed Wed)
District Director: Mark Hansen
Phone: 216-522-4766
Fax: 216-522-7039
E-mail: inquiry.cle@usdoj.gos

Cincinnati Sub-Office
J.W. Peck Federal Bldg. 550 Main St., Rm. 4001 Cincinnati, OH
45202
8:OOA - 4:OOP (Mon, Tue, Thur & Fri) (closed Wed)
Officer in Charge: Patrick Elersic
Phone: 513-684-2412

Columbus Sub-Office
50 W. Broad Street Leveque Tower Columbus, OH 43215
Officer in Charge: Phillip Rona
Phone: 614-469-2900

Buffalo District Office
130 Delaware Ave. Buffalo, NY 14202
8:OOA - 4:30P (Mon - Fri)
District Director: M. Frances Holmes
Phone: 716-849-6760
Fax: 716-55 I -3 I 31

Rochester Satellite Office
Federal Building 100 State Street, Room 418 Rochester, NY 14614
10:00A - 4:OOP (Tue) 8:OOA - 2:OOP (Wed)

Syracuse Satellite Office
412 South Warren Street Syracuse, NY 13202
9:OOA - 4:OOP (Wed) 9:OOA - 12:OOP (Thur)

Albany Sub-Office
1086 Troy-Schenecdady Rd. Latham, NY 12110
8:OOA - 3:30P (Mon - Fri)
Officer in Charge: Gary L. Hale
Phone: 518-220-2100
Fax: 518-220-2171

Boston District Office
John F. Kennedy Federal Bld. Government Ctr., Rm. 1700 Boston, MA
02203
8:OOA - 4:30P (Mon - Fri)
District Director: Steve Faquhat
Phone: 617-565-4214
Fax: 617-565-3097

Manchester Sub-Office
603 Canal Street Manchester, NH 03101
Officer in Charge: Mark Furtado
Phone: 603-625-5276

Providence Sub-Office
200 Dyer Street Providence, RI 02903
8:OOA - 3:30P (Mon - Fri) 8:OOA - 12:OOA (First Fri of every month)
Officer in Charge: Jeffrey Trecartin
Phone: 401-528-5528

Hartford Sub-Office
Ribicoff Federal Bldg. 450 Main Street, 4th Flr Hartford, CT
06103-3060
8:OOA - 3:OOP (Mon, Tues, Thur) 8:OOA - 12:OOP (Wed, Fri)
Officer in Charge: Gaty Cot
Phone: 860-240-3050
Fax: 860-240-3214

Baltimore District Office
Fallon Federal Bldg. 31 Hopkins Plaza Baltimore, MD 21201
8:OOA - 4:30P (Mon - Fri)
District Director: Louis Don Crocetti, Jr
Phone: 410-962-2010
Fax: 410-962-7555

Dover Field Office
1305 McD Drive Dover, DE 19901
8:OOA - 1:OOP (Mon - Fri)
Officer in Charge: William Horn
Phone: 302-730-9311
Fax: 302-730-9310

Atlanta District Office
77 Forsyth Street, SW, Rm. 1 Atlanta, GA 30303-0253
7:30A - 4:OOP (Mon - Fri)
Phone: 404-331-0253
Fax: 404-331-5387

Charleston Sub-Office
170 Meeting St., 5th Floor Charleston, SC 29401
8:OOA - 2:OOP (Mon - Fri)
Supervisory Immigration Inspector: Leonard Young
Phone: 843-727-4422

Greer Sub-Office
142D West Phillips Road Greer, SC 29650
8:30A - 3:OOP (Mon - Fri)
Phone: 864-801-0510

Charlotte Sub-Office
210 E. Woodlawn Rd. Bldg. 6, Ste. 138, (Woodlawn Green Office
Complex) Charlotte, NC 28217
7:30A - 2:OOP (Mon - Fri)
Officer in Charge: Richard Gottlieb
Phone: 704-672-6990
Fax: 704-672-6969
__________________
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PD Texas: 02/25/2004
FP Atlanta: 09/22/2004
Interview Atlanta: 04/25/2005
Name check pending since: March 2004
Lawsuit 1447(b) file in EDVA Virginia: February 28th 2006
Defendents Served: March 6th 2006 (The clock starts ticking for 60 days till May 5th 2006)
2nd FP notice: March 20th 2006
2nd FP taken in Salinas, CA: 24th March 2006
Name Check Cleared: May 2nd 2006
Oath: May 18th 2006 at 8:30 am, in San Jose, CA

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Last edited by EGYPTIANCASTLE : 4th March 2006 at 03:58 PM.
 
Check posts by EGYPTIANCASTLE

Emta said:
San Jose. Attorney Edward Olson. FBI is a defendant. Pretty standart complaint.
Click to expand...

I remembered he filed with the San Jose Court and got his case resolved. I am not sure if he was dealing with the same US Att.. He seemed to get a lot of sympathy from the Att.

I suspect this US Att. simply had to reply to the Court with whatever excuse, since time is up and they have not finished your name check. They should have already submitted a request for name check expedition right after you served them summons. Maybe next week they will have good news for you (RealSuperK had the exciting experience!). Has your FP expired yet? If they tell you to take 2nd FP, it would be a good sign as well.

Double check the local rules to see if you really don't need to file a motion.

Good luck and have a fun vocation FIRST then fight back!
 
Eastbayer said:
Has your FP expired yet? If they tell you to take 2nd FP, it would be a good sign as well.

Double check the local rules to see if you really don't need to file a motion.

Good luck and have a fun vocation FIRST then fight back!
Click to expand...
I had 2nd fingrerprints shortly I've served the complaint. And hoped that was a good sign. However, it's already almost two months since 2nd fingerprints. But I still hope they work on my case. Will try to switch all it off from my mind while on vacation.
 
Again .. Whome to Serve?

Gurus,

I am confused:

A "Copy" means (Summons + Complaint + Exhibits)

So, I should serve:

1- Copy To Mr Emilio Gonzales
2- Copy to Mr Alberto R. Gonzales
3- Copy to Mr Michael Chertoff
4- Copy to Robert S. Mueller, III
5- Copy to Local USCIS Director
6- Copy to Loal US District Attorney
7- Copy to DHS/ USCIS Office of the Chief Counsel

I am only mentioning the first 5 names in my complaint, and I know I have to send a Copy to US DIstrict Att. , so I still have to send a "Copy" to DHS/ USCIS Office of the Chief Counsel ? So altogether 7 "Copies" have to be served?

Thanks a lot...

I can't find good words to thank you enough ...

ILOVEAMERICA/LOVINGUSA
 
lovingusa said:
Gurus,

I am confused:

A "Copy" means (Summons + Complaint + Exhibits)

So, I should serve:

1- Copy To Mr Emilio Gonzales
2- Copy to Mr Alberto R. Gonzales
3- Copy to Mr Michael Chertoff
4- Copy to Robert S. Mueller, III
5- Copy to Local USCIS Director
6- Copy to Loal US District Attorney
7- Copy to DHS/ USCIS Office of the Chief Counsel

I am only mentioning the first 5 names in my complaint, and I know I have to send a Copy to US DIstrict Att. , so I still have to send a "Copy" to DHS/ USCIS Office of the Chief Counsel ? So altogether 7 "Copies" have to be served?

Thanks a lot...

I can't find good words to thank you enough ...

ILOVEAMERICA/LOVINGUSA
Click to expand...


Any lawsuit for immigration matter must be copied to Office of General Counsel of DHS. And, you must send a copy to U.S. attorney in your district since he/she will be the defense attorney in your case.
 
Ok. Here is my update. Yesterday I called AUSA up for dismissal of my case. This is what I figured out:

He got info "right after independence day" that FBI has finished my security check. I filed June 27 and if allowing some mailing time, it takes FBI no more than 3 days to finish all the damn thing up. I seems that it then sits in CIS for three week and finally it is all done.

One thing I do notice is that on July 13 when I made a status inquiry over the phone and got a letter from them, the magic word "due to security check" disappeared. The whole message is simply: You case is pending. You will receive a written decision.....
 
opthb said:
Maybe I am getting cold feet. Has anyone heard of rejections of I-485 rejections due to WoM law suit? My I-485 is employment-based and I-140 has been approved in March 2005. I am from China and have been a law-abiding person. I don't think they have anything on me. Perhaps my name hits a record with the same name.
Click to expand...

I do not think that they could deny you I-485 just because you sued them but the judge might state that USCIS did not have enough time to perform the security checks in your case since you filed your I-485 only in 2005. My attorney said she had cases like this dismissed as frivolous
 
Emta said:
Today I've got an official answer from Attorney, since 60 days on my 1447(b) cas has expired yesterday. I'm shocked, he was so nice at phone and never experess that he was going to file a negative answer!

In the responce there is a list of all my complaint paragraphs with comments on most "deffendants admit plaintiff's allegations contained in Paragraph ...". However, they denied the part of the first paragraph:


And finally,


Needless to say, I've used a template in my complaint following this thred. Moreover, soon after filing I've got ORDER TO SHOW CASE from magistrate judge which confirm the validity of my complaint (I've posted this order while ago).

What should I do? What can I do?

I'm leaving on vacation tomorrow without internet access and have to call attorney upon my return at August 18. The date for case management conference is the end of August.

Are there any similar cases with such a AFFIRMATIVE DEFENSE?

I'm in Northern California district which normally was reported as very good for such cases.

Thank you veru much.
Click to expand...


Huh? You don't have a claim???????

You have a lot of claims:

To name one:
B. The Court Has Mandamus Claims

Mandamus jurisdiction is invoked under 28 U.S.C. §1361 to compel and officer or employee of USCIS or another government agency to perform a nondiscretionary duty owed to a party. To be entitled to mandamus a party must establish: (1) a clear and certain claim; (2) that the duty owed is ministerial and so plainly prescribed as to be free from doubt; and (3) that no other adequate remedy is available. This case is exactly the type of case for which mandamus is appropriate, and the Courts have held as such. See, Nyaga v. Ashcroft, 186 F. Supp. 2d 1244 (N.D. Ga. 2002), re’d on other grounds, Nyaga v. Ashcroft, 323 F.3d 906 (11th Cir. 2003) (Mandamus action to compel adjudication of diversity visa petition as if fiscal year had not ended); Paunescu v. INS, 76 F. Supp. 2d 896; Marcetic v, INS, 1998 WL 173129; Agbemaple v. INS, 1998 WL 292441.
In Paunescu, the District Court held that it had jurisdiction under the mandamus statute to order INS to adjudicate plaintiffs’ applications for adjustment of status before September 30th. Paunescu v. INS, 76 F. Supp. 2d at 903. The facts in Paunescu are very similar to the present case in that Petitioner fully complied with all the requirements of the adjustment of status, and was only waiting for his clearances from the FBI. The Court held that the Defendants “had a non-discretionary duty to issue a decision on plaintiff’s application within a reasonable time.” Id. at 901 (citing Yu v. Brown, 3 F. Supp.2d 922, 931 (D.N.M. 1999) (“All other courts addressing this question have held that INS has a non-discretionary duty to process applications for lawful permanent resident (LPR) status as well as all other immigrations applications); Id. at 932 (holding that the INS “Owe plaintiff non-discretionary duty to complete processing of plaintiff’s [LPR] applications in a reasonable time.”); see also, 2 Am.Jur. Administrative Law 379 (“even though agency action may be subject to no explicit time limit, a court may compel an agency to act within a reasonable time.”). Id.
Under 8 U.S.C. § 1255, USCIS may adjust an alien’s status to that of a lawful permanent resident if the alien applies for such an adjustment and is eligible for a visa, and if a visa is available to him at the time his application is filed. Without doubt, § 1255 provides a right to an adjudication within a reasonable time. Abgemaple v. INS, 1998 WL 292441, at *2 (“A contrary position would permit INS to delay indefinitely.”); Yu v. Brown, 3 F. Supp.2d at 931. Given that USCIS has a non-discretionary duty to process Petitioner’s application, it follows that the applications must be processed within a reasonable time. To do otherwise, would eviscerate the Petitioner’s rights under INA.
In this case, USCIS failed to follow-up with the FBI and the CIA when USCIS did not get prompt response from them. The government makes much of the fact that they have no control over the FBI and the CIA and that neither the FBI nor the CIA had a duty to complete Petitioner’s background clearances. However, FBI, in its website, stated that FBI processes the name check requests based on when the customer agency (USCIS) submitted the requests, and “Criteria used to determine which name checks receive expedited handling are internal matters of each customer agency.” As such, USCIS is hard pressed to make the argument that they have no control over the process.
Accordingly, the writ of mandamus confers this Court with the power to compel the Defendants to perform the duty they owe to Petitioner, to adjudicate his application within a definite timeframe. Petitioner has complied with each and every requirement for adjustment of status, and is eligible for adjustment, with the exception of the ministerial name check clearance. Petitioner should not be penalized, simply because the Defendants cannot figure out how to adjudicate AOS petition in a timely manner.
 
Last edited by a moderator:
Name Two:

Petitioner Has Valid Equal Protection Claims

In this case Petitioner also has valid claims under the equal protection component of due process under the Fifth Amendment that should not be dismissed at the pleading stage. Thus in Village of Willowbrook v. Olech, 2000 U.S. Lexis 1540 at 3 (2000), the Supreme Court recently sustained an equal protection complaint against dismissal where plaintiffs had alleged that a municipality demanded a larger easement for water supply connection for them than for others similarly situated expressly holding that “[o]ur cases have recognized successful equal protection claims brought by a ‘class of one,’ where the plaintiffs have been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.” By contrast the government’s reliance upon Jackson v. Mann, 196 F.3d 316 (2d Cir. 1999), hardly supports a Rule 12(b)(6) motion, for in Jackson, the pro se prisoner’s claim of religious discrimination was rejected on summary judgment, only after discovery had yielded no supporting evidence.
In a similar case filed last year in the Eastern District of New York, Ching v. BCIS, 03-CV4677, the Honorable Nina Gershon granted plaintiffs’ request for relief and ordered the Defendants, including the FBI, to complete adjudication of plaintiffs’ applications for adjustment of status immediately, but in any event, no later than September 30, 2003. In that case, as well, the only delay was the FBI clearances. The FBI clearances were conducted overnight, and the plaintiffs were granted adjustment of status prior to September 30, 2003.
Petitioner’s equal protection claim should survive a motion to dismiss for legal sufficiency. In short, these cases present agency action taken contrary to law, especially when other cases, similarly situated, were granted. See, e.g., Vargas v. INS, 938 F.2d, 358, 362 (2d Cir. 1991) (condemning “[p]atently inconsistent application of agency standards to similar situations” as irrational, arbitrary and capricious); United States v. Diapulse, 748 F.2d 56, 62 (2d Cir. 1984) (“Deference to administrative discretion or expertise is not a license to a regulatory agency to treat like cases differently.”); Tapis International v. INS, 94 F.Supp.2d 172 (D. Mass. 2000) (agency abuses discretion by basing decision on legally impermissible ground).
 
Name Five:

Petitioner has valid due process claim.

(This part could be HUGE, pay attention to the limit of pages, in my district, it is limited to 25 pages.) :D
 
Any idea what "Under Supervisory Review" means

Hi Gurus ,

I got a call from my senators office last week ...

They said , quoting their words "my name check was concluded and now my file is under supervisory review" ...

Any idea what this means and how long it takes to do that...

Thanks
 
poboxN400 said:
Hi Gurus ,

I got a call from my senators office last week ...

They said , quoting their words "my name check was concluded and now my file is under supervisory review" ...

Any idea what this means and how long it takes to do that...

Thanks
Click to expand...

Waht is your timeline ? I think it most probably means you are approved and should be getting oath notice.
 
I'm trying file 1447b and I called district court today and ask how I can file1447b. She did not have any idea 1447b is so I explain my situation and she said she will send me civil pro se pacakage. Is this the right package?
Please someone advise me.
 
I filed complaint 1447(b) today

Just come back from the court and get my case number. The clerk is very nice. But I still feel a little weird. My husband doesn't like my idea at all, he told me he won't help me and doesn't want to get involved in my trouble in case something happens. I am not sure if I did this right, just cross my fingers. :eek:
 
Eastbayer said:
I remembered he filed with the San Jose Court and got his case resolved. I am not sure if he was dealing with the same US Att.. He seemed to get a lot of sympathy from the Att.

I suspect this US Att. simply had to reply to the Court with whatever excuse, since time is up and they have not finished your name check. They should have already submitted a request for name check expedition right after you served them summons. Maybe next week they will have good news for you (RealSuperK had the exciting experience!). Has your FP expired yet? If they tell you to take 2nd FP, it would be a good sign as well.

Double check the local rules to see if you really don't need to file a motion.

Good luck and have a fun vocation FIRST then fight back!
Click to expand...

Um, yeah, I did. But to be honest, I'd rather live without that kind of excitement :D
 
dispressmom said:
Just come back from the court and get my case number. The clerk is very nice. But I still feel a little weird. My husband doesn't like my idea at all, he told me he won't help me and doesn't want to get involved in my trouble in case something happens. I am not sure if I did this right, just cross my fingers. :eek:
Click to expand...

You gotta do what you gotta do. If you don't stand up for yourself, who else would? Tell you husband that he's not invited to your victory party :)
 
Emta said:
Today I've got an official answer from Attorney, since 60 days on my 1447(b) cas has expired yesterday. I'm shocked, he was so nice at phone and never experess that he was going to file a negative answer!

Are there any similar cases with such a AFFIRMATIVE DEFENSE?
Click to expand...

See attached.

It is very common. You should have prepared earlier, but now it is NOT too late. I will recommend you to do some research.
 
Last edited by a moderator:
ernorman said:
See attached.

It is very common. You should have prepared earlier, but now it is NOT too late. I will recommend you to do some research.
Click to expand...

Is this case on pacer ? Can you tell me how to look it up ?
 
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