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

[ICU Doc]

Call your ACLU

I have been recommending that everyone calls his/her local ACLU and inquire about class action suit against the USCIS. I also told you about one such action done in Cali Los Angeles. Well those guys won. Here is a piece of the new.

"SEVEN MUSLIMS ARE GRANTED CITIZENSHIP AFTER YEARS OF WAITING
'Now I really feel free and equal to everybody,' one plaintiff says.
H.G. Reza, Los Angeles Times, 10/6/06

http://www.latimes.com/news/printedition/california/la-me-aclu6oct06,1,5190346.story

Seven Muslims who have been waiting years to become U.S. citizens were notified Thursday that their applications had been approved, two months after they joined a lawsuit accusing immigration officials of illegally delaying background checks and allowing applications to linger indefinitely.

The settlement was announced by ACLU attorneys in Los Angeles who filed the suit on behalf of 10 Southern California Muslims. Attorney Ranjana Natarajan said the government did not explain the delays or why the applications were approved so quickly after the filing of the suit.

Marie Sebrechts, spokeswoman for the U.S. Bureau of Citizenship and Immigration Services, said only that the agency was also frustrated by the lengthy delays.

Three plaintiffs are still waiting for approval, Natarajan said. Under an agreement with the government, the seven who were approved should be able to be sworn in as citizens by Nov. 30. In turn, they agreed to drop their cases against the government.

Mustafa Aziz, 25, an Irvine resident who was born in Afghanistan, said he hoped to be sworn in earlier so he could vote in the Nov. 7 election. Voters must register at least 15 days before an election.

Aziz, who served four years in the Air Force, said gaining U.S. citizenship would also allow him to pursue his dream of becoming a commercial pilot. He has a degree in aeronautics and holds a private pilot's license, but he said being a citizen would make it easier to find an airline job."

 

[Haddy]

Dear Happyball

As I mentioned before, I with my husband filed WOM on 08/30/06. DA received the Complaints on 09/18/06. Because both of us received the GC on 10/03/06, we need to dismiss our case (about 43 days left). Here are my questions:

1. Do I need contact the DA who is handling our case before dismissing? And whether I with my husband should file the Motion to Dismiss together with DA? I think I and my husband can dismiss the case by ourselves, right?

2. Whether I still need say something like “DISMISSED without prejudice”? What basic thing I should mention in the Motion to Dismiss? Any suggestions?

3. I would be appreciate very much if you could provide a sample of Motion to Dismiss to me.


Thank you so much for your response!

Dear Happyball,

You have choice of filing the dismissal on your own... if I were you... I will not even worry about contacting the AUSA... but again its your choice... I dont know when I think a month ago I posted some kind of format to Dismiss the case without prejudice stating especially this:

We, name and name, herby request this court to please dismiss our complaint. After filing the complaint with this court finally after ## years and ## days the Defendants made an effort to not only complete the name check but also process and finish the application process and sent us our new I-551 green cards. So as the Defendants have acted upon our Prayers we request to please dismiss our complaint.

In you case you don't even have to put prejudice or without prejudice.

And remeber as usual send 2 copies of this notice of Dismissal to court one will go to the court administation and the second one will go to the judge...

I hope this works...

Good Luck...

 

[Haddy]

My lawyer filed the suit in NJ. I checked on PACER and surprisingly, he just sued USCIS and NJ District Director and NOT FBI and DHS. Is it okay?

Dear Khalafah,

It is good to put FBI in complaint but I have seen many many cases winning even without FBI in it... I am sure your lawyer knows what he is doing.. if I was your lawyer and I had filed USCIS/DHS and not FBI... I will be thinking that we don't have any thing to do directly with FBI... FBI is working as an agency for USCIS/DHS in your case... meaning you hire USCIS/DHS and they hire them to clear name checks and back ground checks... so basically it is USCIS/DHS responsibility to follow up on FBI... but on the other hand if FBI had been filed... yhey start moving their ass even before the case is judged because you send summons copy an dcomplaint copies to FBI too... but either way is fine... Good Luck...

 

[Haddy]

Dear Happyball

WHY do you even worry about dismissing the case? Unlike the situations where cases must be dismissed first before approval, you already got your card/approval, those a$$es have caused enough trouble for you, let them worroy about dismissing the case. So just sit back and relax

Balto

Dear Happyball,

I like Balto's idea too... I am sorry I am trying to read the posts one at a time and cooking right now too... did not read balto's idea too... the choice is yours...

 

[Haddy]

Did you mean...

Happy check ur private message.


ThaNKS ALL

Here did you mean Haddy or Happy... I just thought I ask... I did not get any PM...

 

[happyball]

Dear Happyball,

......

And remeber as usual send 2 copies of this notice of Dismissal to court one will go to the court administation and the second one will go to the judge...

I hope this works...

Good Luck...

Hi, Haddy,

Thank you for your sample! I can directly use it.Thanks for your reminding. I will remember it: Don't make the same mistake again!

I saw Balto's idea. So probably I will leave this thing there for 2-3 weeks then see. Hopefully I won't forget it.

Don't forget to make a Noise when you receive your card! Are you still nervous when opening your mail box?

 

[lovingusa]

1447 Exhibits

Here are good exhibits that you can put:

1- N-400 Receipt
2- Interview results (Form N-652)
3- any communication exchanges with USCIS ( infopass copies/inquiry letters / responses)
4- Any letters/communication with name check program/responses
5- If congressman/senator was involved, any letters/e-mails received/sent would help
6- FOIPA results(If you have them)
7- print-out from USCIS showing current processing time for your district, which would show how delayed you are

remember always, there's no rule saying what you should put as Exhibit, the whole idea is trying to proof to court:
1- They broke the law, by taking more than 120 days to resolve your case
2- your delay is way out of processing time
3- you did your job by trying to contact USCIS, and it didn't help
4- You are suffering because of this, you can't sponsor close relatives for immigration benefits, you can't register to vote and you can't apply for government jobs that require US citizenship.

Good luck in your fight, and hopefulyy we'll hear good news from you

LovingUSA

 

[said904]

link to response to motion to dissmiss

Hello

I used the attached case to make my response to motion to dissmiss .

I hope Iam of some help

Thanks

 

[happyball]

Congratulation to you both, could you please send me copy of ur WOM, remove ur personal information. This will be big help for me. As for as dismisal i do have format. But its better to file it jointly ask AUSA for this option. Its easier and u don;t have to worry about anything I did this for 1447(b) for citizenship.
I need WOM format that u filled to file WOM for my brother.

Thanks

Hi, Rock,

Check your yahoo email. Let me know if there is the problem. Hope it can help a little bit to make your brother's complaint stronger. Another way you can do is using pacer account to find the similar case's complaint in your area. it also can help to find out your local situation.

Best wishes!

 

[dhua]

I am also confused with all the mailing addresses. I got his address from the forum as folows:

Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 20258

I use the following address:
Emilio T. Gonzalez
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528

I sent on September 19 and got the return receipt back on Oct. 2. It was signed "DHS" and Date of Delivery is 9-27-06.

Label/Receipt Number: 7006 0810 0002 7284 7350
Detailed Results:

Delivered, September 25, 2006, 7:26 am, WASHINGTON, DC 20528
Notice Left, September 24, 2006, 6:01 am, WASHINGTON, DC 20528
Arrival at Unit, September 24, 2006, 2:17 am, WASHINGTON, DC 20022
Acceptance, September 19, 2006, 5:59 pm, MOUNTAIN VIEW, CA 94041

 

[786riz]

Hello

I used the attached case to make my response to motion to dissmiss .

I hope Iam of some help

Thanks

Thank you for posting. Very comprehensive info.

 

[maryvams]

Thanks a lot for the document

Hello

I used the attached case to make my response to motion to dissmiss .

I hope Iam of some help

Thanks

It is one of the most comprehensive documents I have read and very very convincing. I hope the Judge will be favorable to you. The attorney has put his money's worth. I was really impressed by his choice of words and naration.

For rest of the people here another argument will be that the time prolonged to do the background check really harms the nation than any good, because the security is compromised if the "real bad guys" are allowed to stay in the country in the mean time.

 

[Haddy]

Dear Happyball

Hi, Haddy,

Thank you for your sample! I can directly use it.Thanks for your reminding. I will remember it: Don't make the same mistake again!

I saw Balto's idea. So probably I will leave this thing there for 2-3 weeks then see. Hopefully I won't forget it.

Don't forget to make a Noise when you receive your card! Are you still nervous when opening your mail box?

Dear Happyball,

I am anxiously waiting for the card... and you are right... This saturday I am off... I think I have checked my mailbox for more than 4 times... postman has not yet come... I hope card comes today...

 

[Humbledbychk]

Question about the Summons : Urgent reply requested

Hi All,

I am in my final preparation of 1447b framework in this weekend. I think I got confused about the summons. Please do bear with me if it's a silly question abt summon's format.

Here is my confusion - Please help me out - it's urgent

Option 1 - Should I write each defendent name/ address in To list and from "plaintiff". So if we have 5 defendents A, B, C, D & E - it will be

To A from Plaintiff, To B from plaintiff, To C from plaintiff, To D from plaintiff & To E from Plaintiff

OR

Option 2 - To A, B, C, D & E from plaintiff in one summons and make 4 copies ?

** Writing all defendents in one sumons in To section with name & address seems to be very difficult **

I preferred to go with option 1 i.e. To A from plaintiff, To B from plaintiif etc. Please correct me if there is anything wrong in it.

Thanks in advance for your urgent reply.

 

[oblomov]

Question about the Letter from the cort: Urgent reply requested

One week after I filed the case in the cort (10/19/2006)
even before I Filed the return receipt with the court,
I've got a letter from the court:
------------------------
Order setting sceduling conference (rule 16.1.B)
Pursuant to the local rules of the US district Court for the Southern district Court of Florida, counsel for the respective parties are hereby requared to apper before the Court on Thusday. Nov 9, 2006 at (place of court)
for the purpose of disscussion and determination of all of those items outlined in the rule 16.1.B provition of the local rules.
----------------------
I never read about anything like this on the immigrationportal.
Did anybody had the same letter from the courts?
Thanks a lot.

 

[ICU Doc]

read some more

One week after I filed the case in the cort (10/19/2006)
even before I Filed the return receipt with the court,
I've got a letter from the court:
------------------------
Order setting sceduling conference (rule 16.1.B)
Pursuant to the local rules of the US district Court for the Southern district Court of Florida, counsel for the respective parties are hereby requared to apper before the Court on Thusday. Nov 9, 2006 at (place of court)
for the purpose of disscussion and determination of all of those items outlined in the rule 16.1.B provition of the local rules.
----------------------
I never read about anything like this on the immigrationportal.
Did anybody had the same letter from the courts?
Thanks a lot.

Oblomov
Do not panic, go ahead and file the return receipts. I recommend you go back and read more of this thread. If you only read the first 20 pages you will not find much about hearings and conference. If you keep reading you will find few similar cases. Your case could be resolved before that. Cheer up your case is moving. Try to find who is the AUSA assigned to your case and contact him/her to reminde them that you have a court day.

 

[immi_info_06]

Hi Humbled

Summons should be write for each defendant invidually. Do not combine all 5 defendants in one summons. Option 1 is the correct one.

To A from Plaintiff, To B from plaintiff, To C from plaintiff, To D from plaintiff & To E from Plaintiff

Also make copies of all 5 summons and that should be served Attorney General, U.S.A and your local United States District Attorney office.

Also submit one extra copy for each summons to the United States District Court where your case is filed.

 

[lovingusa]

Hi All,

I am in my final preparation of 1447b framework in this weekend. I think I got confused about the summons. Please do bear with me if it's a silly question abt summon's format.

Here is my confusion - Please help me out - it's urgent

Option 1 - Should I write each defendent name/ address in To list and from "plaintiff". So if we have 5 defendents A, B, C, D & E - it will be

To A from Plaintiff, To B from plaintiff, To C from plaintiff, To D from plaintiff & To E from Plaintiff

OR

Option 2 - To A, B, C, D & E from plaintiff in one summons and make 4 copies ?

** Writing all defendents in one sumons in To section with name & address seems to be very difficult **

I preferred to go with option 1 i.e. To A from plaintiff, To B from plaintiif etc. Please correct me if there is anything wrong in it.

Thanks in advance for your urgent reply.

Mr/Mrs Humble,

NO question is silly, if we all think this way nobody would be asking any questions,

Here's what I did (after I received back the first summons from the Clerk because it was done wrong)

Palintiff
VS.

A. (title)
B., (title)
..
..
E(..)



TO:
Name title ..address
Name title ..address
(All names/title/addresses)


Make 6 copies(I'd recommend more, maybe 8) then go (if you can) to Clerk's office an dhand them over

Also, if space is too small:

Write everything you need in small font in word documet, print-out then cut paper with sicors then paste the small piece of paper that has the names on the Summons, then make the copies

GOOD LUCK

 

[sara16]

Plan to amend our complaint

Hi, Sara,

Yes, I filed a joint WOM together with my husband. In my case, I and my husband are both plaintiffs. The biggest reason for me to choose file the WOM together is all inquiry results I got including the latest infopass before I filed the WOM showed we were both stuck in name check. If I just list my name as the plaintiff and the lawsuit just can expedite my name check clearance, no help for my husband's name check. And who knows how long time he will be waitng then and maybe still need file another lawsuit. If we file together, I think at least it will push our name checks to move ahead. This is what i'm thinking. And the result of our case shows it works. I cannot suggest you which way is better because I am not the lawyer. You'd make the choice by yourself and be prepare to fight for it!


Good Luck!

Dear happyball,

Thank you very much for your response. My late but warmest congratulations to you.

We are very much inspired by your case and Haddy's case. You know most of the lawsuits here on this forum are Citizenship related. I feel I-485 lawsuit is not as strong as Citizenship lawsuit because there is law which requires the citizenship case be ajudicated within 120 days. But I see hope from your case. We have a very similar case as you: EB1. The difference is we filed earlier than you. PD is 06/14/2004. We have done everything to get our case adjudicated but in vain. My husband and I cannot wait any longer. This endless waiting is so depressing. It affects us very badly, emotionally.

We plan to amend our complaint to include me as plaintiff too. We are so ready to fight for our case. But there is one thing I am worried about. I only found one example of I-485 complaint example on this forum. So I am not sure whether our complaint is good enough. Could you please kindly send me the copy of your complaint so that I can see whether my complaint will work? Of course, please delete your personal information. I would appreciate. My email address: wishhao@hotmail.com

Thank you in advance, happyball.


PS.

I am one of the new faces here. I am very glad I found this forum and so many nice people on this forum. I hope we can win our case so that our case will encourage other people on this forum to fight against USCIS, the lazy irresponsible cold-blooded money collecting machine.

I will keep you guys posted about our case. I will contribute to this forum in any way I can by sharing my experinces in fighting for our case.

Good luck to everybody on this forum.

 

[junhuaw]

writing complaint, now questions

Hi there,

I need your help!! I decided not to wait any more and want to file my complaint on Monday. My case is for I-485 for both me and spouse. I used a couple examples from PACER and finished the draft. Could you please answer some of my questions?

1. Defendants

Alberto Gonzales, Attorney General,
Michael Chertoff, Secretary of the Department of Homeland Security,
Robert S. Muller, Director of Federal Bureau of Investigation,
Emilio T. Gonzalez, Director of United States Citizenship and Immigration Services

I didn't include local USCIS director because my case has always been in NSC. Is it ok if I include say Jack W Bennett (Seattle District Director of USCIS) or John Mckay (US Attorney of Western District of Washington)? I am not sure why John Mckay is involved in others' cases. Is it always safe to include John?

2. Venue

If I don't have local defendants, then AUSA might use the same plaintiffs not residing here since they are not residents. What can I do to even prevent them from using that excuse?

3. Summons
Who should I send summons other than the defendants?
From reading some posts, it seems that I don't need to wait for return receipts, instead just use the certified USPS mail receipts - is this right?

Really appreciate your patience for reading and any help you may offer!!!