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.
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.
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 oceansideoceanside said:Ask the question again. Please help.
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.