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

[skyhigh7]

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.

Humbledbychk:

You need to leave to in summons empty, after they stamped, then you fill in.
At least this what is in Southern CA district, you may place a call to court clerk and found out, each district has slightly different rules.

in addition, the plaintiff vs defendants section need to be EXACTLY the same as in your complaint. I mean EXACT.
hope this helps,

skyhigh

 

[sara16]

Question about magistrate judge

Dear friends,

I received the notice of right to consent to exercise of jurisdiction by a united states magistrate judge from the court. Here are some original word from the noctice:" this court have found that the United States Magistrate judges are experinced judicial officers.....Your decision to consent is entirely voluntary... If you decide to consent, your case will receive a date certain for trial...When a case if referred to a magistrate judge for all further proceedings, the final judgement shall be appealed drectly to the Court of Appeals for the Third Circuit in the same manner as an appeal fromany other judgement of a district court...."

I personally think it might be good to consent since the magistrate judge might more experinced. But if I consent to be referred to the magistrat judge, I will certainly go throught the trial according to the notice. Am I right, guys? I hope my case got appoved before I have to go to the trial.

Guys, do you have such similar experience? What do you think about this?

Thank you.

 

[frankxie]

1:
I think you need to put the director of USCIS NSC.
2:
I would not worrry about that.
3:
I drop a copy of my compaint directly to the US attoney general office. After you file, you might be assigned a judge. You can ask what are needed from the clerk of that judge.

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!!!

 

[khalafah2000]

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...

i checked another case by my lawyer and he just sued USCIS/District director there also and not FBI, so it should be okay. That case got settled in around 2 months.
on another note, i got letters from FBI office, USCIS ombudson office, Michael Chertoff office, Emilo Gonzalez office etc, all saying that my name check is still pending and until it is not completed, a decision can not be made on my application. But then how come they settle majority of these cases in couple of months after the lawsuits? I believe that there should be a country wide class action suit against them, where a federal judge should rebuke them for their incompetency and ask them to issue a public apology to all pending N-400 applicants.

anybody is thinking of filing a class action in NJ like the one in LA? My lawyer said that he will think about it, if there are multiple plaintiffs. Another option is to contact the local ASUA office about it and persude them to file. I truly believe that it is unconstitutional to delay N-400 for an unspecified amount of time.

what do you guys think? Obviously i am very frustrated and angry by it. my case was filed on sept. 22. now just waiting ...

 

[Haddy]

Dear Khalafah

i checked another case by my lawyer and he just sued USCIS/District director there also and not FBI, so it should be okay. That case got settled in around 2 months.
on another note, i got letters from FBI office, USCIS ombudson office, Michael Chertoff office, Emilo Gonzalez office etc, all saying that my name check is still pending and until it is not completed, a decision can not be made on my application. But then how come they settle majority of these cases in couple of months after the lawsuits? I believe that there should be a country wide class action suit against them, where a federal judge should rebuke them for their incompetency and ask them to issue a public apology to all pending N-400 applicants.

anybody is thinking of filing a class action in NJ like the one in LA? My lawyer said that he will think about it, if there are multiple plaintiffs. Another option is to contact the local ASUA office about it and persude them to file. I truly believe that it is unconstitutional to delay N-400 for an unspecified amount of time.

what do you guys think? Obviously i am very frustrated and angry by it. my case was filed on sept. 22. now just waiting ...

Dear Khalafah,

Your frustraion is understandable... this is just a game of playing blame... the real reason is that USCIS is lazy and the employees of USCIS from top to bottom need full training how to run such an important organization... Any one filing complaints with their courts are delayed because USCIS doesnot follow up with FBI and sit back on their hands on hands... and yes people have started filing more joint class action lawsuits... you will see it is a growing trend... and sooner or later lawyers are going to realize that there is great demand of these lawsuits that require their attention and there is not only money involved but their is fame as chances of winning such cases are so high... basically because USCIS has such a weak excuse of name check delay... but as soon as someone files a lawsuit... they start acting fast some one has disturbed a bee nest... any ways... don;t be frustrated alone... there are more people like me frustrated about their laziness and administrative failures... I truly beleive that if this organization USCIS has brought in conjunction with a private service oriented company their processes can be fixed... of if a multinational Audit firm is brought in to audit their work... there will be a lot of crap people would come to know... Any ways got off the track... just don't worry... the time is almost here... just an example of this forum only... if you consider how this forum grew... how many people have benefited of this forum... how many people sometimes just put one posting saying that they have been reasing this forum for quite some time and they filed their lawsuits and won... we have no idea how many people have benefitted of this forum and will benefit in the time come... this awareness and courage is like a fire... USCIS if doesnot fix their problems fast... they will be soon backlogged with their lawsuits that not only public and the US attorneys will be after USCIS but also USCIS employees will be begging Govt to help them organize their own organization...

likeI said don;t worry... you will be ok... we say in our language... you just have to just make some noise to get their attention... you will get what you want... SOON...

Good Luck...

 

[khalafah2000]

Dear Khalafah,

Your frustraion is understandable... this is just a game of playing blame... the real reason is that USCIS is lazy and the employees of USCIS from top to bottom need full training how to run such an important organization... Any one filing complaints with their courts are delayed because USCIS doesnot follow up with FBI and sit back on their hands on hands... and yes people have started filing more joint class action lawsuits... you will see it is a growing trend... and sooner or later lawyers are going to realize that there is great demand of these lawsuits that require their attention and there is not only money involved but their is fame as chances of winning such cases are so high... basically because USCIS has such a weak excuse of name check delay... but as soon as someone files a lawsuit... they start acting fast some one has disturbed a bee nest... any ways... don;t be frustrated alone... there are more people like me frustrated about their laziness and administrative failures... I truly beleive that if this organization USCIS has brought in conjunction with a private service oriented company their processes can be fixed... of if a multinational Audit firm is brought in to audit their work... there will be a lot of crap people would come to know... Any ways got off the track... just don't worry... the time is almost here... just an example of this forum only... if you consider how this forum grew... how many people have benefited of this forum... how many people sometimes just put one posting saying that they have been reasing this forum for quite some time and they filed their lawsuits and won... we have no idea how many people have benefitted of this forum and will benefit in the time come... this awareness and courage is like a fire... USCIS if doesnot fix their problems fast... they will be soon backlogged with their lawsuits that not only public and the US attorneys will be after USCIS but also USCIS employees will be begging Govt to help them organize their own organization...

likeI said don;t worry... you will be ok... we say in our language... you just have to just make some noise to get their attention... you will get what you want... SOON...

Good Luck...

thanks for the encouraging words. was just reading the following. it is just unbelievable. not directly related to n-400, but under the hood, it is the same stuff.

http://www.aclu-nj.org/pressroom/aclunjsetonhallchallengets.htm

 

[junhuaw]

Thanks frankxie. I will see what the clerk/judge say.

 

[needsolution]

Did you know that you can get your attorney fees awarded to you?

Did you know that you can get your attorney fees awarded to you in case of unreasonable delays with USCIS?

Look at the following attachments where the Plaintiff got awarded for over $30,000 for attorney fees in the case of a naturalization application delay.

 

[OCEANID99]

Can any one let me know if these people's addresses are correct?

Hi, I am ready to file my WOM. Are these right people to sue? Do I have to put Alberto Gonzales in the defandant list?

Michael Chertoff, as Secretary of the Department
of Homeland Security;
Emilio T Gonzales, Director of U.S.C.I.S
Robert S. Muller, Director of Federal Bureau of
Investigation
Mary Ann Gantner, Director of U.S. Citizen and
Immigration Services New York Distric


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

Michael Chertoff, Secretary of the Department of Homeland Security
US Department of Homeland Security
Washington, DC 20528

Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 90258 ??

Robert S. Mueller, III, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pensylvania Ave., NW
Washington, DC 20535-0001

 

[immi_info_06]

You do not need to put Alberto Gonzales in the defendant list. you should serve copies of summons to him.

check the zipcode for Emilio T Gonzales.

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

Also you can include your local District Director of USCIS in the defendat list.

Good luck

Hi, I am ready to file my WOM. Are these right people to sue? Do I have to put Alberto Gonzales in the defandant list?

Michael Chertoff, as Secretary of the Department
of Homeland Security;
Emilio T Gonzales, Director of U.S.C.I.S
Robert S. Muller, Director of Federal Bureau of
Investigation
Mary Ann Gantner, Director of U.S. Citizen and
Immigration Services New York Distric


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

Michael Chertoff, Secretary of the Department of Homeland Security
US Department of Homeland Security
Washington, DC 20528

Emilio T. Gonzalez, Director of USCIS
Department of Homeland Security
U.S. Citizenship and Immigration Services
Washington, DC 90258 ??

Robert S. Mueller, III, Director of FBI
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pensylvania Ave., NW
Washington, DC 20535-0001

 

[khalafah2000]

Haim Perry vs USCIS

can you guys please comment on the attached "report & recommendations" by the magistrate judge? It looks to me that even though the court agrees with everything, but still chose to "wait" for the security clearance, which could had taken forever unlike in Al-Kudsi case, where the court gave USCIS/FBI only 90 days for the clearance.
Surprisingly, before it could be answered, USCIS naturalized him!!! See the attached letter.

 

[happyball]

About the Complaint for WOM_AOS

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.

Hi, Sara,

I really can feel your pains caused by the indefinitely waiting from the name check. Many friends in this forum have the similar tough experience. So from now on try your best to get things controlled by yourself not USCIS and FBI.

For AOS case, I think USCIS and FBI probably just have one “weapon” to show you: “the consequence of the FBI’s mission on homeland security requires that our name check process be primarily focused on an accurate and thorough result. This means that there are instances when the FBI’s review of a name check request must require as much time as needed to obtain an unequivocally correct result” (this is from the orignal response of FBI to my congressman’s inquiry). You can find many “weapons” to shoot this target. The big part of the complaint for WOM based on AOS is “STATEMENT OF FACTS” or “CAUSE OF ACTION”. I think there are several points you can focus on in the complaint (notice that I am not professional guy here and two months ago I was near to “US law-blind”. These are what I learned from this forum. Welcome any experts to correct me and input your points):

1. Properly adjudicate your petition within the time frame is defendants’ duty. Your petition was delayed. This delay is unreasonable and caused by the error of the defendants. And you have already paid enough time enough patience for them.

2. List all the efforts what you made (inquiries, requests,…), and what’s the results of that (what and how they responded,…), to show you have exhausted the administrative remedies but the Defendants have not given you any form of relief.

3. List all your pains your damages caused by the unreasonable, endless delay of USCIS to show you have no more time can afford.

……

So show your powerful "weapons" to them: any suitable law rules you can follow and any suitable exhibits you have, ... Don’t worry too much about whether your complaint is perfect. Because we are Pro Se. Just do your best to make your points clear and strong. I think it should work!

All the best and good luck!

ps. Check your email.

 

[khan4nwfp]

The form I was handed by the officer doesnt mention name check pending. But I was told so by him. I do have inquiry from the USCIS that says the check is pending....

 

[OCEANID99]

Thanks. I will revise the names.

I just finished my complaint today. Anybody can help me to go over my complaint? I am not confident with my own writing. Thanks..

You do not need to put Alberto Gonzales in the defendant list. you should serve copies of summons to him.

check the zipcode for Emilio T Gonzales.

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

Also you can include your local District Director of USCIS in the defendat list.

Good luck

 

[ICU Doc]

Something is missing

can you guys please comment on the attached "report & recommendations" by the magistrate judge? It looks to me that even though the court agrees with everything, but still chose to "wait" for the security clearance, which could had taken forever unlike in Al-Kudsi case, where the court gave USCIS/FBI only 90 days for the clearance.
Surprisingly, before it could be answered, USCIS naturalized him!!! See the attached letter.

There is a big shortfall in the magistrate reply. He fails to notice that the FBI is a defendant in the case. So even though he COULD say that USCIS is not to blame (we all know this is rediculous), he still has to at least order the FBI to complete the name check within a set timeframe. The case became moot because the man was naturalized but there was a big room to argue with this judge's opinion.

The true issue in my opinion is that everything depends on the judge personal opinions and preformed prejudices. So far most judges have been reasonable in their decisions. But if strong pressure is applied to them they may start to see the issue from the other angle. Matter of fact all it takes is a new outspoken judge to join the district and he/she would easily to convice the other judges of the other opinion.

 

[joezhang]

I-485 lawsuit

I just finished my complaint today. Anybody can help me to go over my complaint? I am not confident with my own writing. Thanks..

I am in the same boat as you. I don't feel confident to sue myself. So if anybody knows any lawyer is good at this, please let me know. I will hire a lawyer to do it for me as soon as I find a successful lawyer. Thank you so much.

By the way, I am live in Georgia. Do I have to hire a lawyer in GA?

 

[ZUR]

I am in the same boat as you. I don't feel confident to sue myself. So if anybody knows any lawyer is good at this, please let me know. I will hire a lawyer to do it for me as soon as I find a successful lawyer. Thank you so much.

By the way, I am live in Georgia. Do I have to hire a lawyer in GA?

Dear joezhang,

If you search pacer you will find that majority of the people in the Atlanta Northern District Court filed Pro Se, without a lawyer. However, I have seen Charles Kuck filing lots of cases as well in Atlanta. I searched in google for his information and here is what I got.

http://www.eimmlaw.com/
Kuck Charles Attorney
3350 Peachtree Rd NE
Atlanta, GA 30326
(404) 816-8611

 

[bashar82]

Judging from the letter posted by Khalafah2000, there may be a major development in the 4th Circuit regarding naturalization applications. Unlike in the 9th Circuit, USCIS retains jurisdiction over an application in the 4th Circuit even after a petition has been filed in court. If the case Etape v. Chertoff (Maryland District/4th Circuit) heads to the appeal, there are two possibilities:
1) 4th Circuit follows the 9th Circuit decision. This is a strong possibility because the standing 4th Circuit decision, Kia v. INS, was based on a case from the 9th circuit, which itself was distinguished and overturned by the 9th Circuit a few years later. The legal argument for Kia v. INS does not exist anymore.
2) 4th Circuit can reaffirm Kia v. INS. In this case, as there is conflict between to circuits, the case may head to the Supreme Court. With the Supreme Court being so conserative, it is hard to predict what the outcome may be. As a conserative court, they may give the government some breathing space. However, as a conserative court, they are more likely to follow the plain language text meaning of the relevant statute which most district courts have interpreted as meaning that the court assumes full jurisdiction.

 

[maryvams]

300,000,000 citizen within the next month......

Will it be a baby born or naturalized citizen ......any guesses......

 

[billa007]

My I-485 is pending since April 2002 (over 4.5 years).

The lastest was that it is pending NameCheck. Then I wrote to Ms Bush which was forwarded to FBI for namecheck. Friday I got a letter from FBI stating that my namecheck was cleared in 2003.

What do I do? USCIS says its namecheck, FBI says it was done long time ago... I am very puzzled and seem to find no solution(other then maybe filing a lawsuit). USCIS never responds to my queries

Any comments/suggessions please?? Thanks.