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

[kalyanij]

I am looking at people on this forum to provide me with the attorney's they used. $8K to $10K is cost prohibitive.

KJ, shop around. Those are really high end prices. I paid around 3K. And I'm in Boston, which is pretty expensive

 

[dks35]

I am looking at people on this forum to provide me with the attorney's they used. $8K to $10K is cost prohibitive.

Just a suggestion:
Sign up with PACER account, look up WOM/1447b cases that were filed in your district and look up if plaintiffs are represented by attorneys. PACER lists attorney contact info. Very quickly you will have a list of lawyers who do business in your district.

 

[cajack]

dks35:

Just a quick question for you. When you filed your 1447b lawsuit, does the cause of the lawsuit listed as 'Cause: 8:1446 Petition for Naturalization Hearing' on pacer website? If it is not, what is the 'Cause of the lawsuit' listed on pacer website? I have browse through all the 890(nature of suit) on North California district since 1/1/05 and have not seen any cause of lawsuit listed as '1447b lawsuit...'. Just checking.

jack

Just a suggestion:
Sign up with PACER account, look up WOM/1447b cases that were filed in your district and look up if plaintiffs are represented by attorneys. PACER lists attorney contact info. Very quickly you will have a list of lawyers who do business in your district.

 

[kalyanij]

dks,
I am not familiar with a PACER account? How and where do I do that?
Thanks

Just a suggestion:
Sign up with PACER account, look up WOM/1447b cases that were filed in your district and look up if plaintiffs are represented by attorneys. PACER lists attorney contact info. Very quickly you will have a list of lawyers who do business in your district.

 

[cajack]

KJ:

Here is the link and just follow the FAQ on the website. You will be fine.

http://pacer.psc.uscourts.gov/

Jack

dks,
I am not familiar with a PACER account? How and where do I do that?
Thanks

 

[samson_33]

Motion - Default Judgement

Do we know who all have filed for the motion for default judgement and what has been the outcome? What's the process? Do you have to go to court? will there be multiple hearings etc.. Where can I get additional information on this.
Also can you change the wordings in your prayer when you file the motion for default judgement or it has to be the same as in your complaint.

Also, what are the cases where the WOM has Not been Approved/dismissed. What is the reason provided by US Attrorney ? How do we counter that.

Please let me know. it's time to start prepaing for that..

Thanks

 

[dks35]

dks35:

Just a quick question for you. When you filed your 1447b lawsuit, does the cause of the lawsuit listed as 'Cause: 8:1446 Petition for Naturalization Hearing' on pacer website? If it is not, what is the 'Cause of the lawsuit' listed on pacer website? I have browse through all the 890(nature of suit) on North California district since 1/1/05 and have not seen any cause of lawsuit listed as '1447b lawsuit...'. Just checking.

jack

Cajack:
yes, in PACER has Cause: Petition for naturalization hearing 1446.
But your cause of action is 1447b, that stipulates that 120 days rule. 1446 - as far as I remember is a more general that petitioner can request a hearing before immigration judge blah blah blah, and then it goes into more specifics, like 1447b

So you put cause of action as 8 U.S.C. 1447b failure to adjudicate a petition within 120 days, but clerks list it under general 1446: Hearing for Natzn.
Most cases under 890 are immigration related (at least in SoCal), either WOM/I-485 or 1447b/N-400.

 

[dks35]

dks,
I am not familiar with a PACER account? How and where do I do that?
Thanks

sign up with PACER at the link provided by CaJack http://pacer.psc.uscourts.gov/

then go to your district court PACER website and search 890 (other statutory actions) cases. There we will probably find a lot of cases filed against DHS and DOJ, or their respective secretaries - most of them are immigration related.

 

[485niw2005]

Called AUSA

After I did my 2nd FP, I called ausa to let her know. She told me she has not heard anything from FBI or CIS yet. (so FP again does not nesseray mean NC cleared). She does mention it is normally a good sign. She still remembered that I told her last time that my NC has cleared by another agency other than CIS. She said "it is rediculous" CIS insisted they need to do it again when she called them a few weeks ago. Again, she said she hope to resolve the case before she has to answer to the court.

AL11, how is your case going?

 

[memme]

I am preparing to file WoM some time next month. Thanks to this forum and specifically this thread that I feel - "I can do it myself"

I found some answers myself

Couple of things I still don't have answers are regarding summons and return of service. I guess someone who has gone through this will have answers for me:

1. When I prepare summons, do I pre-print the name and address of defendants? Let's say, if i have 4 defendants, I will prepare four copies of summons - one for each defendant. Will these copies be exactly same (defendant's name and address being blank)? or will differ in terms of defendant name and address. Pls note that I am talking about at the time of filing. I know, eventually, they all will have different name and address.

Yes, I should pre-print

2. At the top of the template, there is pre-printed "V." I guess that plaintiff's name will precede that and defendant's name will follow that. Just want to make sure on that. If yes, will I list all the defendants on each summon? (Sample attached for ready reference)

Yes. No need to put names of all defendants. Just put the first one and et al. e.g. Chertoff, et al.

3. Regarding cover sheet, what do i enter in the "Section VI - Cause of Action." for the green card case? I understand there will be one of the USC number? Which one? In the complaint I notice various numbers. Do I list all of them? (Blank cover sheet is attached for ready reference)

Still trying to figure out.

4. Return of service. This is the second page of summons. Does it go to defendant along with the summon? I guess not. If it stays with me, what is the life cycle of this document? In other words, what do i need to do before I submit it to the court? What is service fee? If I am using certified mail, method of service will be "Other". Is it?

No. keep the return of service with you. Once, return receipt is received from USPS, attach it to the ROS and file it with the court. I may put USPS cost in the service fee. Method of service will be 'Other'

I know, these are very specific questions. I just want to get it right. Thanks.

 

[hope_Nov]

Question about summoms

Please help, gurus,

I am going to serve the summoms tomorrow, but I have serveral questions to ask you guys,

1. Should I mail the complaints with summom (first page) and exhibits to all the defendants and US Attorney in my district? What about the US Attorney General? Should I serve him too?

2. Do I keep the second page of the summons and file it with the court?

3. What else do I have to do?

Thanks

Hope

 

[musicbox2000]

You can put denfent's last name chertoff, to narrow down the search results.

sign up with PACER at the link provided by CaJack http://pacer.psc.uscourts.gov/

then go to your district court PACER website and search 890 (other statutory actions) cases. There we will probably find a lot of cases filed against DHS and DOJ, or their respective secretaries - most of them are immigration related.

 

[musicbox2000]

Are you desperate to get your gc or citizenship? If you are as desperate as me, you should do this without any question.

I heard about this thread from my friend on a Tuesday evening and I filed Pro Se for myself on that same Friday. I stayed late at night to prepare the documents. It was a big rush but I was so angry about the delay that I have to do it immediately.

Thanks Kenny485. I called the attorney's you suggested. I am getting estimates of $8,000 and $10,000 on this. Looks like ProSe is the way to go. I am not sure I want to do this myself though... got to put the thinking hat on now.

 

[memme]

Please help, gurus,

I am going to serve the summoms tomorrow, but I have serveral questions to ask you guys,

1. Should I mail the complaints with summom (first page) and exhibits to all the defendants and US Attorney in my district? What about the US Attorney General? Should I serve him too?

Yes to all of the above

2. Do I keep the second page of the summons and file it with the court?

Yes, the second page is return of service. You will file that with the Court along with the return receipt (if any) from USPS.

3. What else do I have to do?

Answer some of my question. as you are few steps ahead of me.

Thanks

Hope

 

[memme]

Are you desperate to get your gc or citizenship? If you are as desperate as me, you should do this without any question.

I heard about this thread from my friend on a Tuesday evening and I filed Pro Se for myself on that same Friday. I stayed late at night to prepare the documents. It was a big rush but I was so angry about the delay that I have to do it immediately.

That's really quick action and implementation musicbox2000. I am impressed. I certainly will add that initially Pro Se filing seems a overwhelming effort. I was planning to spend 2-3 hours every night for a month. But, then every thing fell in place and I am already prepared 3 weeks early. Just waiting for one month to pass as I gave them one month notice.

 

[hope_Nov]

One more question about summons

Thanks Memme for your reply. I have another question for your guy.

Do I send the summons for all the DHS/USCIS defendants to the same address in Washington D.C. (office of general counsel)?

Please help.

Hope

 

[kabi24]

these are the addresses where i sent my stuff

Do I send the summons for all the DHS/USCIS defendants to the same address in Washington D.C. (office of general counsel)?
Hope

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

Emilio Gonzalez,
Director of U.S. Citizenship and Immigration Services (USCIS)
Department of Homeland Security (DHS)
Office of the General Counsel
Washington, DC 20528

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

 

[kabi24]

At last

Hey guys.
First Off thanks to everyone who helped in the creation of this forum and the veterans who assisted me in this lawsuit.
At last it looks like my ordeal will be finaly over on 08/21/06.
Yesterday i was checking my email one more time like i usually do, (i check it like crazy) i was pleasantly surprised that my N-400 application was approved. here's a copy of the email:


T:
Good news -- as you may already know, CIS has scheduled you for an oath ceremony on August 21, 2006. Please see the attached proposed stipulation and order of dismissal which the Court should sign prior to the ceremony in order for CIS to have jurisdiction to swear you in.

If it meets with your approval, I will file it with the court. You can fax me your signature as with the last stipulation we filed.

If you have questions, please feel free to contact me.

P.

is that awesome or what!
she attached a copy of the N-445 Notice of Naturalization Oath Letter, and a proposed stipulation for dismissal that i have agreed with.
here's the copy:

District Judge

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

T
(A#: ##-###-###),

Petitioner,
v.

ALBERTO R. GONZALES, et al.

Respondents.


No. C06-

JOINT STIPULATION FOR
VOLUNTARY DISMISSAL




JOINT STIPULATION

COMES NOW, the parties by and through John McKay, United States Attorney for the Western District of Washington and , Assistant United States Attorney for said District, and T, pro se, and respectively stipulate to allow petitioner/plaintiff to voluntary dismiss his case, without claim of either party to attorney fees or costs.

DATED this 11th day of August, 2006.

JOHN McKAY
United States Attorney


P WSBA #28###
Assistant United States Attorney United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271


Attorneys for Respondents/Defendants






/s/
T
Petitioner/Plaintiff



ORDER
IT IS SO ORDERED. The case is dismissed without prejudice.

DATED this ____ day of _____________, 2006.

____________________________

United States District Judge

 

[memme]

Hey guys.
First Off thanks to everyone who helped in the creation of this forum and the veterans who assisted me in this lawsuit.
At last it looks like my ordeal will be finaly over on 08/21/06.

Congrats kabi24. Every such success gives me ray of light and hope.

My little question: When you serve summon, is there any special packaging, envelope, etc. we need to use? or will it be just like a normal certified letter?

 

[syt]

1447(b) Complaint Filed Today.

My 1447(b) complaint has been filed today at 121th day after interview. Also, the copies of summons, complaint, and court document have been sent to US attorney and all defendants by certified priority mail with return receipt today. Everything was smooth. What you need at court are:

(1) 1 copy of cover sheet

(2) 3 copies of summons

Two sides, the back of summons is return of service
1 copy for court
1 copy for plaintiff (need to make copy for defendants)
1 copy for plaintiff with clerk's signature and court's seal
This copy is used to file return of service​

(3) 1 original and 2 copies of complaints

1 original for court (need to be punched two holes at top and stapled)
1 copy for judge (need to be stapled)
1 copy for plaintiff (don't staple, need to make copy for defendants)​

(4) Personal Check, US$ 350 pay to "US District Court Clerk"

Court will provide stapler and puncher. You don't have to staple and punch in advance. That is all. Well preparation makes the whole process smooth. May God bless all of US.