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

Oceanside,

It seems to me, based on your writing, that your AUSA may be referring to a "diversity" case. This occurs when a "citizen" files a case in a different jusrisdiction from the defendant. In this case the word "citizen" is not being used in the same way that you and I normally think about it - but in a more generic manner as in a regular "joe six pack" kind of way.

So what she is saying is that since the delay/grievance is taking place in Nebraska, and you live in California, then she has no jurisdiction. That being said, it still remain total BS. Just wait for her motion and file a reply immediately. If you paste here the main elements of her reply, we can collectively draft a reply to help you. An I-485 case is federal question and thus proper jusrisdiction lies with the federal court. Further, it follows that proper venue would be the federal court that serves the area where the applicant lives.

This is not a diversity case - it is a federal question. You application is with USCIS, a federal government agency. The fact that the application is being handled in Nebraska is quite irrelevant as USCIS is not a Nebraska agency. Perhaps you may call her and educate her in advance - because I get the sense that she is just trying to buy time and play around with you.

Cheers and good luck. We are here for you. Don't ever let those guys intimidate you. Never.



oceanside said:
Ask the question again. Please help.
Originally Posted by oceanside
My mandamus was filed a week ago. Today I called US attorney and she told me that she's planning to file a motion to dismiss my case. The reason she said is that the court does not have the proper jurisdiction. I live in San Diego; however, my I-485 was pending in the Nebraska Service Center. She claimed that, since I am not a citizen, I cannot file in where I reside. I asked her if this is what the law says. She said it's not in the statutes, but in the case law (there were previous cases). Please help. What should I do now? Any suggestions/comments would be greatly appreciated.
 
How to get update on your case status?

Can someone help me find out how to get any update on your own case that you have filed? For example, how do I find out if AUSA has filed a motion? When I click on the Query I get this:

Alias
Associated Cases
Attorney
Case File Location...
Case Summary
Deadlines/Hearings...
Docket Report ...
Filers
History/Documents...
Party
Related Transactions...
Status

What do I need to click to see if there is any change to my case?

Thanks,
 
aasub, this post is very educational. thanks. and congrats on your approval!
aasub said:
Oceanside,

It seems to me, based on your writing, that your AUSA may be referring to a "diversity" case. This occurs when a "citizen" files a case in a dif
ferent jusrisdiction from the defendant. In this case the word "citizen" is not being used in the same way that you and I normally think about it - but in a more generic manner as in a regular "joe six pack" kind of way.

So what she is saying is that since the delay/grievance is taking place in Nebraska, and you live in California, then she has no jurisdiction. That being said, it still remain total BS. Just wait for her motion and file a reply immediately. If you paste here the main elements of her reply, we can collectively draft a reply to help you. An I-485 case is federal question and thus proper jusrisdiction lies with the federal court. Further, it follows that proper venue would be the federal court that serves the area where the applicant lives.

This is not a diversity case - it is a federal question. You application is with USCIS, a federal government agency. The fact that the application is being handled in Nebraska is quite irrelevant as USCIS is not a Nebraska agency. Perhaps you may call her and educate her in advance - because I get the sense that she is just trying to buy time and play around with you.

Cheers and good luck. We are here for you. Don't ever let those guys intimidate you. Never.




Originally Posted by oceanside
My mandamus was filed a week ago. Today I called US attorney and she told me that she's planning to file a motion to dismiss my case. The reason she said is that the court does not have the proper jurisdiction. I live in San Diego; however, my I-485 was pending in the Nebraska Service Center. She claimed that, since I am not a citizen, I cannot file in where I reside. I asked her if this is what the law says. She said it's not in the statutes, but in the case law (there were previous cases). Please help. What should I do now? Any suggestions/comments would be greatly appreciated.
 
rob waiter said:
sure, yes, I met the clerk, she signed and returned the summons, which
were prepared by myself.

I served US the same day by hand delivery. He/she is not a defendent.

On the examples here they put Attorney General as a defendent. Is this not the same person as US Attorney? Sorry, I'm clueless. :confused:
 
You can click History/Documents and then take the default option and click search or query(I don't remember exactly the text on the button). You will see all the documents of the case listed in a table. You click the link at the first column of each row to view the detail of the document. Hope this helps

Jack

ZUR said:
Can someone help me find out how to get any update on your own case that you have filed? For example, how do I find out if AUSA has filed a motion? When I click on the Query I get this:

Alias
Associated Cases
Attorney
Case File Location...
Case Summary
Deadlines/Hearings...
Docket Report ...
Filers
History/Documents...
Party
Related Transactions...
Status

What do I need to click to see if there is any change to my case?

Thanks,
 
Please Give Me Some Advice! On The Summons The Time Allowed For Answer Is 60 Days, But On The Pacer Online At The Docket Check Says Answer Due 9/17/06. What Does It Mean??? Which Deadline Is Correct?
 
aasub said:
Oceanside,

It seems to me, based on your writing, that your AUSA may be referring to a "diversity" case. This occurs when a "citizen" files a case in a different jusrisdiction from the defendant. In this case the word "citizen" is not being used in the same way that you and I normally think about it - but in a more generic manner as in a regular "joe six pack" kind of way.

So what she is saying is that since the delay/grievance is taking place in Nebraska, and you live in California, then she has no jurisdiction. That being said, it still remain total BS. Just wait for her motion and file a reply immediately. If you paste here the main elements of her reply, we can collectively draft a reply to help you. An I-485 case is federal question and thus proper jusrisdiction lies with the federal court. Further, it follows that proper venue would be the federal court that serves the area where the applicant lives.

This is not a diversity case - it is a federal question. You application is with USCIS, a federal government agency. The fact that the application is being handled in Nebraska is quite irrelevant as USCIS is not a Nebraska agency. Perhaps you may call her and educate her in advance - because I get the sense that she is just trying to buy time and play around with you.

Cheers and good luck. We are here for you. Don't ever let those guys intimidate you. Never.




Originally Posted by oceanside
My mandamus was filed a week ago. Today I called US attorney and she told me that she's planning to file a motion to dismiss my case. The reason she said is that the court does not have the proper jurisdiction. I live in San Diego; however, my I-485 was pending in the Nebraska Service Center. She claimed that, since I am not a citizen, I cannot file in where I reside. I asked her if this is what the law says. She said it's not in the statutes, but in the case law (there were previous cases). Please help. What should I do now? Any suggestions/comments would be greatly appreciated.



If the US attorney going to play that game (the problem is in Nebraska not here, therefore it is the wrong jursitriction CARD), then for sure this is one of the stupidest motions I have ever seen, here is why:

1- An applican files a complaint againest the US government in the place where the planitiff/apllicant resides. Since his application is with the USCIS office in his own residence then this is the right jurestriction.
2-It is not the applicant/plaintiff's choice where USCIS process his application, it is the choice of the USCIS (it is within their own internal system). Therefore the applicant can sue the orginization (USCIS) and they have to deal with their internal orginization.
3-USCIS directed the applicant's file to Nebraska and had complete control over the application and the district office was the main coardinator.
4-Finally I am sure you have named the head of the USCIS as defendant in your suit. This man has complete control of the USCIS operation NO MATER where you file is located or which center processing it.
5-This is so stupid from the US attorny to even think that but dont hate it becuse it could work for your advantage as most Judges get very aggrivated when they see a stupid motion, espcially if it came from a government attorney. Judges dont like US attorneys waste tax payers moneny in dumb motions like that. Good Luck
 
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Contacting the Assistant US Attorney

I filed my 1447 a month ago, I got teh name of teh AUSA who is assigned to my case, I called last week and left a message, he never returned the call, should I keep calling? how persistent should I be???? please post your experiences
 
Does anyone know about IBIS "SIR" cases, what "SIR" stands for?

Does anyone know about IBIS "SIR" cases, what "SIR" stands for?

Question 1: Does anyone know what "SIR" stands for?
and
Question 2: How does a naturalization application gets classified as a "SIR"?

http://judiciary.house.gov/media/pdfs/maxwell072706.pdf

On page 51, it talks about IBIS "SIR" Cases:

B. Instructions Regarding Pending IBIS “SIR” Cases Until further notice, no USCIS office is to perform resolution on any pending “SIR” Remember the “SIR” process terminated with the November 29, 2004 memorandum; all outstanding “SIRS” are now part of the backlog of “SIR” cases at the National Security and Threat Protection unit (NSTP—the component of ICE that assumed national security IBIS resolution activity from the INS National Security Unit). The ONLY National Security/Terrorism-related IBIS resolutions to be conducted by USCIS offices are thos eassociated with the National Security Notification (NSN) process created with the November 29, 2004 memorandum. When confronted with litigation, an office with a pending “SIR” should contact the FDNS for assistance. FDNS will request expedited processing from the NSTP for those cases ONLY
 
did you have his email also?

give a few days - then call again.
hayyyoot said:
I filed my 1447 a month ago, I got teh name of teh AUSA who is assigned to my case, I called last week and left a message, he never returned the call, should I keep calling? how persistent should I be???? please post your experiences
 
Can my husband and I file 1447(b) together?

Dear All,
Both my husband and I are stuck in name check. My english is much better than his and while I feel comfortable filing as pro se, he doesn't. He is concerned not being able to understand the judge or US atty. So my question, can we file together? I mean both of us in one single complaint. If we can, I can do all the talking. Otherwise, he might have to hire a lawyer and I will file as a pro se.
Thanks
 
LAmorocco said:
Dear All,
Both my husband and I are stuck in name check. My english is much better than his and while I feel comfortable filing as pro se, he doesn't. He is concerned not being able to understand the judge or US atty. So my question, can we file together? I mean both of us in one single complaint. If we can, I can do all the talking. Otherwise, he might have to hire a lawyer and I will file as a pro se.
Thanks

Becuase N-400 applicants file seperate applications for the husband and the wife, they are considered seperate files and seperate cases. You should file two suits, one for each. This reason for delying your application could be completley diffrent than your husbands. This is not a class suite, which is harder to get through the court system. You should not file the two suits in one suit, as it is going to make it easier for the US attorney to file a motion to dismiss.
 
LAmorocco said:
Dear All,
Both my husband and I are stuck in name check. My english is much better than his and while I feel comfortable filing as pro se, he doesn't. He is concerned not being able to understand the judge or US atty. So my question, can we file together? I mean both of us in one single complaint. If we can, I can do all the talking. Otherwise, he might have to hire a lawyer and I will file as a pro se.
Thanks

Hello Moroccan, :)

Can you and your husband file a case jointly? Technically yes, however strategically I would agree with Shaffi's answer. It would be better to file a separate case for each one of you. You husband's English doesn't have to be excellent. (He is entitled to Justice even if he didn't speak a word in English) As a matter of fact, you can copy the same lawsuit and only change the names and you will be fine. You may do all the work for you two and no one has to know. You can talk on his behalf with the DA as long as you have his permission. When the DA knows you are related, they may want to expedite both name checks at the same time.

On another topic, I see you have the acronym Morocco in your name. Are you from Morocco, and if so, what part?

Hope this helped.

Publicus
 
LAmorocco said:
Dear hayyyoot,
Thanks for the advice. I am going for 1447b. I have nothing to loose. I will keep you posted. My immediate goal is to read all these posts and educate myself a little so i can represent my own self. I am reading in some posts that lawyers charge $5K for WOM filing. I can't afford a lawyer. I will have to do a lot of reading so I am confident enough to do this by myself. American courts and government agencies scare the shit out of me :eek: . I will have to overcome this first.
many thanks again

No my friends, American Courts and Government Agencies should NOT scare you. They are there to serve you (Future Citizen of the US) and serve everyone else.

If anyone should be scared, it should be me. I am the one who started a movement of lawsuits against USCIS, yet I am here happy and enjoying my life. It shows that this country is a country of laws before anything. The first step in your journey is to believe in this and know that nothing (ABSOLUTELY NOTHING) will happen to you because of your lawsuit except becoming a Citizen. (hopefully quickly enough)

Let me know if you have any questions.

Publicus
 
Publicus said:
Hello Moroccan, :)

Can you and your husband file a case jointly? Technically yes, however strategically I would agree with Shaffi's answer. It would be better to file a separate case for each one of you. You husband's English doesn't have to be excellent. (He is entitled to Justice even if he didn't speak a word in English) As a matter of fact, you can copy the same lawsuit and only change the names and you will be fine. You may do all the work for you two and no one has to know. You can talk on his behalf with the DA as long as you have his permission. When the DA knows you are related, they may want to expedite both name checks at the same time.

On another topic, I see you have the acronym Morocco in your name. Are you from Morocco, and if so, what part?

Hope this helped.



I agree with Publicus, just make sure when you file seperetly that you dont just change the name of the plaintiff but you have to change some of the information that reflet you personally but not him and vice-versa. I am sure that you and you husband did not have the same date for FP,IV ETC.

I do go to Morocco several times a year as I have business, friends and a home there.

Good luck, SHAFFI
 
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Thanks Shaffi. Obviously a Scientist will know she has to do that. :D At least I hope, or we consumers will be in big trouble. :D

So what part of Morocco do you go to? I bet Casablanca. My city. Are you in the import-export biz by any chance?
 
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Publicus, I am glad to hear from you. You are me hero.

Publicus said:
No my friends, American Courts and Government Agencies should NOT scare you. They are there to serve you (Future Citizen of the US) and serve everyone else.

If anyone should be scared, it should be me. I am the one who started a movement of lawsuits against USCIS, yet I am here happy and enjoying my life. It shows that this country is a country of laws before anything. The first step in your journey is to believe in this and know that nothing (ABSOLUTELY NOTHING) will happen to you because of your lawsuit except becoming a Citizen. (hopefully quickly enough)

Let me know if you have any questions.

Publicus

Publicus,
Thanks so much for taking the time to reply. I have so much respect for you and all what you did in this forum to help out.
You can't imagine how proud of you I was when I discovered you were moroccan :cool: :cool: :cool: :) :) :)
I am from Agadir (born and grew up there) but moved to Meknes where I earned my BAC. I left Morocco for France where I lived for 10 years before movinf to the US in 1992.
I hope you are doing well and recovered from the nightmare you went through with natz delay.
Thanks for the advice. I will file 2 suits for my husband an I. If he pisses off the judge with his english, we will hire a lawyer.
Take care
 
SHAFFI said:
Publicus said:
Hello Moroccan, :)

Can you and your husband file a case jointly? Technically yes, however strategically I would agree with Shaffi's answer. It would be better to file a separate case for each one of you. You husband's English doesn't have to be excellent. (He is entitled to Justice even if he didn't speak a word in English) As a matter of fact, you can copy the same lawsuit and only change the names and you will be fine. You may do all the work for you two and no one has to know. You can talk on his behalf with the DA as long as you have his permission. When the DA knows you are related, they may want to expedite both name checks at the same time.

On another topic, I see you have the acronym Morocco in your name. Are you from Morocco, and if so, what part?

Hope this helped.



I agree with Publicus, just make sure when you file seperetly that you dont just change the name of the plaintiff but you have to change some of the information that reflet you personally but not him and vice-versa. I am sure that you and you husband did not have the same date for FP,IV ETC.

I do go to Morocco several times a year as I have business, friends and a home there.

Good luck, SHAFFI

Hey Shaffi,
Another moroccan :D :D :) :)
I bet all the moroccan got stuck with name check :mad:
Shaffi, thanks so much for your input. I will do what you said. You are right my husband FP, IV dates are different. I will pay attention not to mix up our infos.
I am going to Morocco for 2 weeks in this december. Is it OK to leave the US after filing a law suit?
I called Morocco yesterday. The first day of Ramadan was yesterday (Oops, I didn't know).
Take care
 
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