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

S Texas District

This is essentially the same sort of thing our attorney argued in his motion to amend but lost. In fact, several attorneys collaborated on their filings and the AILF was supposed to support them. It didn't work. :(

The case the judge quoted in his ruling is a case in which the plaintiff was accused of trying to obtain his citizenship by fraudulent means. The implication seemed to be that we are trying to do the same. :mad: Danilov was not quoted by the judge.

I would be happy to share my attorney's name with you and the names of other attorneys, but I think at this point, in all fairness, you would be wasting your money. pm me for these.

If there are enough people interested, a class action as recommended by someone on the list (I think it was applyindenver) is a good idea. Are there any takers out there??




milena said:
Enclosed is winning case to fight off a dismissal in N.Y. I may use it to fight in TX. Tell me do you have an attorney able to review this.
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Call ACLU

lkee said:
We filed in S. Texas and the same thing happened to us. Within 1 day we received a judgement with a remand back to USCIS with no time limit, saying this is not this court's jurisdiction and the 120 days have not passed. We filed a motion to amend and that was denied. We have been told that only 1 judge is dealing with this, I can give you his name if you pm me, and he is giving the same ruling on all the cases. There are currently 5 of us considering a joint appeal to the 5th Circuit court, but honestly, I don't think it will work. We seem basically screwed. If there are any S. Texas filers out there with more positive experiences could you share with us so that we can pass it on to the attorneys??
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You guys should call the ACLU in your area and file a class action as suggested by sother members. I know for a fact that ACLU has filed a class action against immigration in Los Angeles on behalf of 10 immigrants stuck in name check delay. I contacted the local office in North Carolina and they were looking into it but needed more immigrant. I was not enough :( . The lady who work there asked me to refer all the north carolinians to her office. If the ACLU takes up your cause they will pick up the tap and you do not have to pay anything. What do you have to loose (except the joy of USCIS BS)??
 
Need Help!!!

Publicus said:
You are very welcome. I still believe that it was the blessings and prayers of other people that helped solve my case so quickly. And also save my life (as you may have read, I was reactivated for military deployment to Iraq right at the time when I became a Citizen, but now I am once again free). Publicus
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Dear Publicus,

I tried to Private mail you but seems your mailbx is full. Is there any way I can send you private message?
 
S. TX 1447b update

I check the pacer website to see if my case was remanded immediately and thrown out. Apparently another judge --Sim Lakes (aka as the Enron Judge
has been assigned to the case and sign a order to serve the defendant)
So i will now have to deal with the ASA at least its not dead on arrival.

I check his background and heard this is one the best judge in the district. Cross my finger he is truly fair.


lkee said:
This is essentially the same sort of thing our attorney argued in his motion to amend but lost. In fact, several attorneys collaborated on their filings and the AILF was supposed to support them. It didn't work. :(

The case the judge quoted in his ruling is a case in which the plaintiff was accused of trying to obtain his citizenship by fraudulent means. The implication seemed to be that we are trying to do the same. :mad: Danilov was not quoted by the judge.

I would be happy to share my attorney's name with you and the names of other attorneys, but I think at this point, in all fairness, you would be wasting your money. pm me for these.

If there are enough people interested, a class action as recommended by someone on the list (I think it was applyindenver) is a good idea. Are there any takers out there??
Click to expand...
 
S Texas District

As Milena points out, she got a different judge, so the "only one judge handling this" is bs - unless of course it is only for those who are filing using attorneys.

thanks for the advice. I will contact my attorney to question him about the information he gave me and I will look into the ACLU. We had given up but you guys have renewed our zeal. :)

ICU Doc said:
You guys should call the ACLU in your area and file a class action as suggested by sother members. I know for a fact that ACLU has filed a class action against immigration in Los Angeles on behalf of 10 immigrants stuck in name check delay. I contacted the local office in North Carolina and they were looking into it but needed more immigrant. I was not enough :( . The lady who work there asked me to refer all the north carolinians to her office. If the ACLU takes up your cause they will pick up the tap and you do not have to pay anything. What do you have to loose (except the joy of USCIS BS)??
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Phone # for US Attorney's Office Central California

I want to contact The United States Attorney's Office in Los Angeles for an update on my lawsuit. Anyone has the phone #? I have their address but I don't have their phone number. Please help!! Their address is:

The United States Attorney's Office
Central District of California
Civil Division
300 North Los Angeles Street
Los Angeles, California 90012

Thanks.

Portuch

------------------------------------
My Timeline:
DO: Los Angeles
Priority date: 03/25/05
Interview : 04/04/06
Lawsuit 1447b: Filed on 08/09/06 (127 days after my interview)
US Attorney was served on 08/11/06
Answer due 10/10/06
"Order Setting Status and Scheduling Conference" was set on 10/30/06
Fingerprint notice from USCIS on 09/26/06
Oath letter: ???
Oath date: ??/??/????
 
US atty S. TX

When I served my summon to the local US attorney office, I noticed a picture of the top US atty for S. TX. beside Bush. I did not recognize his name until I see the same pic on the web site and who also happens to write the arguement to prevent us from entitlement:

DONALD J. DeGABRIELLE, JR.
United States Attorney

There is definitely a coordinated effort from the top level of the US atty's
office and Sharon Hudson's office, the district director of USCIS to stop
or slow these cases from going forward by viewing the docket filed on pacer. Both agencies are putting their combined coordinated effort and resources to strategically deny us fair & due process with extreme prejudice to the plaintiff. In my opinion in this S. TX district they will attempt to stone wall the plaintiffs and mount a vigorous challenge for those who try to file a lawsuit.
 
Naturalization case

Help needed

residence: 2/15/2000
Application received: 12/1/2004
Interview 9/21/2005
Complain submited 6/9/2006
Motion to dismiss by government 8/14/2006
Memorandum to motion to dismiss 9/8/2006
USCIS denies application 9/22/06 :(

The USA has been kept saying the request has been made to the FBI to finish the background check

All of the sudden I get a letter from USCIS deying the application based on the fact I filed too early

I filed 76 days before the five year term (2/15/2005), but in the letter says that became resident on March 7 of 2000 (by coincidence my wife's date). It was a gross mistake, which besides changes the whole matter, bringing the case to an appealing immigration officer (time and money).

What should I do? I have ready a Motion for Preliminary Injunction to have the court to prevent the Decision to be legal (lack of jurisdiction and false data, demonstrated in my green card)

my judge has been so far quite, muted, i guess making time :(

suggestions???
 
he has a duty

hayyyoot said:
Well, this is just an update, my AUSA officially doesn't want to talk to me, I called today and requested to talk to his secretary, I told her that he hasn't been returning my calls or answering my emails, she went and talked to him, after about 8-10 minutes on hold, she came back and said that he is a busy man, he will try to call me sometime, but, doesn't promise, I check pacer daily, no news, anybody has a suggestion?
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Check with your local rules. I believe the lawyer of both sides has something called "Duty to confer", which means they have to exchange all the information and engage in conversation before going to the court to show they have intended to resolve the case outside of the court. This will not look good for him in front of a judge.
 
Calixto said:
Help needed

residence: 2/15/2000
Application received: 12/1/2004
Interview 9/21/2005
Complain submited 6/9/2006
Motion to dismiss by government 8/14/2006
Memorandum to motion to dismiss 9/8/2006
USCIS denies application 9/22/06 :(

The USA has been kept saying the request has been made to the FBI to finish the background check

All of the sudden I get a letter from USCIS deying the application based on the fact I filed too early

I filed 76 days before the five year term (2/15/2005), but in the letter says that became resident on March 7 of 2000 (by coincidence my wife's date). It was a gross mistake, which besides changes the whole matter, bringing the case to an appealing immigration officer (time and money).

What should I do? I have ready a Motion for Preliminary Injunction to have the court to prevent the Decision to be legal (lack of jurisdiction and false data, demonstrated in my green card)

my judge has been so far quite, muted, i guess making time :(

suggestions???
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Use your 485 receipt number (if you have it) to go to the uscis site and check the case status. The date that they show here is the date they have in file as your Pr date. The date on the GC does not matter. You will have to file a appeal with the board of immigration for this. Go with a lawyer who has filed such appeals in the past.
 
How can I check my local Rules?

ApplyinDenver
Thank you for the advise, I am in Las Vegas, where can I find my local rules???
ApplyInDenver said:
Check with your local rules. I believe the lawyer of both sides has something called "Duty to confer", which means they have to exchange all the information and engage in conversation before going to the court to show they have intended to resolve the case outside of the court. This will not look good for him in front of a judge.
Click to expand...
 
ApplyInDenver said:
Check with your local rules. I believe the lawyer of both sides has something called "Duty to confer", which means they have to exchange all the information and engage in conversation before going to the court to show they have intended to resolve the case outside of the court. This will not look good for him in front of a judge.
Click to expand...
 
call uscis

Calixto said:
Help needed

residence: 2/15/2000
Application received: 12/1/2004
Interview 9/21/2005
Complain submited 6/9/2006
Motion to dismiss by government 8/14/2006
Memorandum to motion to dismiss 9/8/2006
USCIS denies application 9/22/06 :(

The USA has been kept saying the request has been made to the FBI to finish the background check

All of the sudden I get a letter from USCIS deying the application based on the fact I filed too early

I filed 76 days before the five year term (2/15/2005), but in the letter says that became resident on March 7 of 2000 (by coincidence my wife's date). It was a gross mistake, which besides changes the whole matter, bringing the case to an appealing immigration officer (time and money).

What should I do? I have ready a Motion for Preliminary Injunction to have the court to prevent the Decision to be legal (lack of jurisdiction and false data, demonstrated in my green card)

my judge has been so far quite, muted, i guess making time :(

suggestions???
Click to expand...

Call USCIS and tell them you want them to correct the problem before the due answer date from the court. If your card says "2/15/05", it's "2/15/05", there is no way for you to find out otherwise. You have followed the law to the word.

1) Since you have filed the law suit, USCIS lose jurisdiction to your case.
2) Since the reason of denial is "wrong date", then you can assume everything else is fine, including the name check result.

So all you need to show the court is the copy of your GC. (you should have it as exibit already), and your real card, then there is no room left for them to deny or delay your case, and this is a perfect one for the court to grant you the citizenship since their is nothing left to check!

And since you have called USCIS to tell them the problem, it will show your good faith in solving the problem outside of the court.

Good luck.
 
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Pro Se package.

hayyyoot said:
ApplyinDenver
Thank you for the advise, I am in Las Vegas, where can I find my local rules???
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Inside your Pro Se package, you should have 2 pack of instructions, one for fedal rules and one for local rules of your district. Just read through the part for the Civil Case. Usually it has both for civil and criminal cases. It should also be available on the district court website.

Good Luck.
 
Portuch said:
I want to contact The United States Attorney's Office in Los Angeles for an update on my lawsuit. Anyone has the phone #? I have their address but I don't have their phone number. Please help!! Their address is:

The United States Attorney's Office
Central District of California
Civil Division
300 North Los Angeles Street
Los Angeles, California 90012

Thanks.

Portuch

------------------------------------
My Timeline:
DO: Los Angeles
Priority date: 03/25/05
Interview : 04/04/06
Lawsuit 1447b: Filed on 08/09/06 (127 days after my interview)
US Attorney was served on 08/11/06
Answer due 10/10/06
"Order Setting Status and Scheduling Conference" was set on 10/30/06
Fingerprint notice from USCIS on 09/26/06
Oath letter: ???
Oath date: ??/??/????
Click to expand...


http://www.usdoj.gov/usao/offices/index.html
 
I warned the US Attorney about the error, and he promised to deal with the USCIS, but the burden to make the case is in my side, thus I need to move to the next step, file the motion. USCIS Naturalization Guides are very clear about using the date in the Green Card. When an immigration officer approved my I485 it was clear why he chosed that date, when I entered the USA. There is no writen notification other that this.
Were it true, one year after the interview, almost 2 year after the filing, is not the date to notice it! I am driven to think an angry officer is bent on screwing me up. Or is an evil but good strategy to delay the case
 
The USCIS denying the applican besed on the fact you filed too early is unecceptable, here is why:

1- Whithin the USCIS procedures to process applicants (i.e. N-400), they make sure that the applicant is qualified to apply for such application, if they accept your application, they cash your check and give you a recipt and give you an appointment to get your FP taken. If they think you are not qualified (i.e. you filed to early), they deny your application and they will NOT cash your check or have you go through the rest of the application.
2- They accepted your application that you submitted back in 2004, they had plenty of time to tell you (we secrewd up, you are not suppose to apply, but they didn't until you sued them). I dont think this will fly with a judge, specially when they took your money.

Fight them back as their denial is baseless and/or you can argue with the judge that USCIS is acting in bad faith.

All applicant who apply too early, they get their applications denied BEFORE they take their money. They can not debate their own practice. They scewed up and it is their issue not yours.

Good luck, Shaffi
 
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Additionally, from a GAO report

"According to our analysis of about 670,000 naturalization applications filed between February 2004 and February 2005, the FBI returned about 59 percent of the names within 10 days, and 72 percent were returned within 30 days. About 11 percent of the applications (more than 74,000) took more than 90 days to complete. Further, about 7 percent of these naturalization applicants (more than 44,000) had not received a final
response as of February 28, 2005. Until these name checks are
completed, applications cannot be finally adjudicated. In addition, USCIS officials said that it often takes a long time (as much as 4 to 6 months) to clear the names of immigrant workers with high- tech backgrounds who are applying to change their status to lawful permanent resident, because, since September 11, the FBI has become especially interested in carefully vetting aliens with such backgrounds."
 
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