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

WOM v/s 1447b

Guys,

My lawyer told me to file Writ of Mandamus and not 1447b. He says he has done 10 such cases and all got cleared pre-trial. In VA, the USCIS always brings up Danilov case to dismiss 1447b, while WOM lets USCIS keep jurisdiction and finish the case, so it is better to do it.

My PD for naturalization is Feb 2006. Interview Aug 2006. Name check pending so no oath yet. Reading from this board I found that WOM should be a year or more old before filing. The lawyer disagrees and believe that my timeline is sufficient to warrant a WOM. He has federal practice experience. He said that I can always file 1447b and its not necessary to do it now since WOM would get the work done.

Please let me know if I should file WOM or push him to file 1447b ? Can I always file 1447b, if WOM doesn't work ? can both be filed together ?

thanks !
 
s66v said:
Guys,

My lawyer told me to file Writ of Mandamus and not 1447b. He says he has done 10 such cases and all got cleared pre-trial. In VA, the USCIS always brings up Danilov case to dismiss 1447b, while WOM lets USCIS keep jurisdiction and finish the case, so it is better to do it.

My PD for naturalization is Feb 2006. Interview Aug 2006. Name check pending so no oath yet. Reading from this board I found that WOM should be a year or more old before filing. The lawyer disagrees and believe that my timeline is sufficient to warrant a WOM. He has federal practice experience. He said that I can always file 1447b and its not necessary to do it now since WOM would get the work done.

Please let me know if I should file WOM or push him to file 1447b ? Can I always file 1447b, if WOM doesn't work ? can both be filed together ?

thanks !
Click to expand...
If this lawyer is YOUR lawyer, you should trust him. A lawyer (a good one) typically knows more about these immigration issues than anybody here on this forum (remember we are all amateurs, not professionals).

I think that WOM should work also. One of the criteria for WOM is that the agency delayed to adjudicate your application with an unreasonable amount of time. Now, what is unreasonable? Fortunately, in a naturalization application the statue specifies the timeline and provides a consequence if USCIS doesn't adjudicate your case in 120 days after the examination. So everything over 120 days is a violation of the statue and it is unreasonable.

If USCIS allege that the delay is reasonable in light of the backlog that exists with FBI name/background checks, you can use the argument I read in RealsuperK's Opposition to Motion to Dismiss: "However, the defendants failed to provide a statue or a regulation that would define and/or quantify “a reasonable delay”. Alternatively, the defendants failed to provide a statue or a regulation that would define and/or quantify “an unreasonable delay”. The only definition in the statue for the reasonable processing time is the 120 day limit.

In this aspect a WOM filed in a naturalization case where the applicant already had his/her interview is different from an AOS case or naturalization case without the interview. In these two latter cases there is no mandatory timeline specified by the statue.

I also saw cases when the Plaintiff filed a complaint based both on 1447(b) and WOM.
 
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s66v said:
Guys,

My lawyer told me to file Writ of Mandamus and not 1447b. He says he has done 10 such cases and all got cleared pre-trial. In VA, the USCIS always brings up Danilov case to dismiss 1447b, while WOM lets USCIS keep jurisdiction and finish the case, so it is better to do it.

My PD for naturalization is Feb 2006. Interview Aug 2006. Name check pending so no oath yet. Reading from this board I found that WOM should be a year or more old before filing. The lawyer disagrees and believe that my timeline is sufficient to warrant a WOM. He has federal practice experience. He said that I can always file 1447b and its not necessary to do it now since WOM would get the work done.

Please let me know if I should file WOM or push him to file 1447b ? Can I always file 1447b, if WOM doesn't work ? can both be filed together ?

thanks !
Click to expand...

I kind of tend more towards WOM specially in VA district case. I believe your lawyer is correct. You have better chance in WOM instead of 1447b. I kind of got this idea from my US attorney too. When you force governmnet to take action WOM is the best scenario. It covers very broad scenario so both defendents and plaintiff have sort of equal chance to present valid argument. If you prepare VERY CONVINVING complaint you have upper hand. You need many more arguments in WOM case then 1447b.

If lawyer has good record of WOM cases I will listen to him.
 
I-485 approval email just received!!!

I-485 filed in July, 2005
Stuck in NC hole since July, 2005
Contacted senator, congressman with no use
Filed WOM pro se this Oct.
Recived RFE on Nov. 28th
Replied on Dec. 5th
Approved today.
This fourm, especially this thread, has given me a lot of help during the whole process especially for preparing the lawsuit. Thanks to everybody who contributed and good luck to your fight against the bureaucracy and prejudice.

EA
 
Qs on joint motion to dismissal

HI, Guys:

Specially friends in California, or in 9th circuit court for this matter. I get email from AUSA about the joint motion to dismissal without prejudice since name check has completed and CIS is ready to adjudicate my case. But CIS cannot adjudicate the case because of 9th circuit case law.

my question is did you dismiss your case without prejudice before you actually have approval and oath date? I feel more comfortable with approval in hand before dismiss the case. HOwever the case law in 9th circuit cannot
allow it.

Pls kindly advise.

sky
 
fight started!!!

pez1960, I just came back from my district courthouse this afternoon. I got in 3 minutes before they close. the lady gave me a book kit. Procedureal guide for Pro Se Litigants. and now i have this book and the complaint I already finished this morning. what should I do next? I also prepared all the evidence listed in my complaint. Are these enough for me to go to the courthouse tomorrow to started the fight? I m not confused but i m not so clear either. i don't have a entired picture in my mind. what should i do next? i don't want miss any link in this process, i already been tortured enough
 
paz1960 and wenlock, thanks for your input. I'll keep you all updated on my fight against the slow and jammed process!!

wenlock said:
I kind of tend more towards WOM specially in VA district case. I believe your lawyer is correct. You have better chance in WOM instead of 1447b. I kind of got this idea from my US attorney too. When you force governmnet to take action WOM is the best scenario. It covers very broad scenario so both defendents and plaintiff have sort of equal chance to present valid argument. If you prepare VERY CONVINVING complaint you have upper hand. You need many more arguments in WOM case then 1447b.

If lawyer has good record of WOM cases I will listen to him.
Click to expand...
 
Guys it's wonderfull to know our rights.. I came accross this thread last week and now I'm ready to file a law suit in the Northern District of Ohio. I went to the Clerck of the court who didn't answer my questions at all and asked me to visit their website for information. I actually have specific questions about the Summonses; Where do I send them to?? the defendants are the Secretary of DHS, the Director of USCIS and Clevland Director of USCIS. Do I send the all to the office of general counsel of the DHS in Washigton, DC or each has to go to the specific branch??? If all to the DHS, can I send them in one envelop?? ...

Thank you all, it's pleasure reading this thread :)
 
about the adress of defendant

where can i find the current adress of the defendent? I tried on uscis website, i can not find them? anyone help?????? i already scheduled a PTO day tomorrow to start my fight, plz help
 
EAin2005 said:
I-485 filed in July, 2005
Stuck in NC hole since July, 2005
Contacted senator, congressman with no use
Filed WOM pro se this Oct.
Recived RFE on Nov. 28th
Replied on Dec. 5th
Approved today.
This fourm, especially this thread, has given me a lot of help during the whole process especially for preparing the lawsuit. Thanks to everybody who contributed and good luck to your fight against the bureaucracy and prejudice.

EA
Click to expand...
Congratulations EA! It's nice to have almost every day a good victory of this forum's member.
 
skyhigh7 said:
HI, Guys:

Specially friends in California, or in 9th circuit court for this matter. I get email from AUSA about the joint motion to dismissal without prejudice since name check has completed and CIS is ready to adjudicate my case. But CIS cannot adjudicate the case because of 9th circuit case law.

my question is did you dismiss your case without prejudice before you actually have approval and oath date? I feel more comfortable with approval in hand before dismiss the case. HOwever the case law in 9th circuit cannot
allow it.

Pls kindly advise.

sky
Click to expand...
I think that AUSA is right, especially in the jurisdiction of the 9th Circuit Court is no doubt that the district court has exclusive jurisdiction over your application as soon as you filed your complaint. USCIS can't formally adjudicate your case; they lost jurisdiction. Strictly speaking, this lawsuit was about to force them to ADJUDICATE your application, not to APPROVE it and ISSUE an oath letter. Adjudication is non-discretionary, approval it is.

So in this situation, a joint stipulation to dismiss is the right step, this should contain a statement that USCIS agrees to adjudicate your case as soon as the complaint is dismissed and in the case of approval to issue you immediately an oath letter.
 
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mgzh said:
pez1960, I just came back from my district courthouse this afternoon. I got in 3 minutes before they close. the lady gave me a book kit. Procedureal guide for Pro Se Litigants. and now i have this book and the complaint I already finished this morning. what should I do next? I also prepared all the evidence listed in my complaint. Are these enough for me to go to the courthouse tomorrow to started the fight? I m not confused but i m not so clear either. i don't have a entired picture in my mind. what should i do next? i don't want miss any link in this process, i already been tortured enough
Click to expand...
Well, if you just got your Pro Se handbook, please consult it, before you file your complaint.

Beside the complaint you will need to prepare the summonses and the civil cover sheet. The exact format of these is described in the Local Rules of your district court (and most likely also in the Pro Se Handbook).
 
Sweet_Maria said:
Guys it's wonderfull to know our rights.. I came accross this thread last week and now I'm ready to file a law suit in the Northern District of Ohio. I went to the Clerck of the court who didn't answer my questions at all and asked me to visit their website for information. I actually have specific questions about the Summonses; Where do I send them to?? the defendants are the Secretary of DHS, the Director of USCIS and Clevland Director of USCIS. Do I send the all to the office of general counsel of the DHS in Washigton, DC or each has to go to the specific branch??? If all to the DHS, can I send them in one envelop?? ...

Thank you all, it's pleasure reading this thread :)
Click to expand...

Welcome to this forum, Maria.

I send a copy of my complaint+one summons for each of the following addresses:
1. Carol A. Jenifer
District Director
US Citizenship and Immigration Service - Detroit District Office
Federal Bldg. 333 Mt. Elliot Street
Detroit, MI 48207-4381

2. Michael Chertoff
Secretary of the Department of Homeland Security
Office of the General Counsel
U.S. Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528

3.Emilio T. Gonzales
Director of the US Citizenship and Immigration Service
Office of the General Counsel
U.S. Department of Homeland Security
20 Massachusetts Ave, NW, Suite 4025, 4th Floor
Washington, DC 20528

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

5. Robert S. Mueller
Director of the Federal Bureau of Investigation
Office of the General Counsel FBI
935 Pennsylvania Ave. NW
Washington, DC 20535-0001

6. United States Attorney's Office
Western District of Michigan
Civil Process Clerk
P.O. Box 208
Grand Rapids, MI 49501-0208

The US Attorney is not part of the list of defendants, she will be the counsel of them and according to the Federal Civil Procedure Rules she also has to be served, as well as the US Attorney General, but he is anyway member of the group of the defendants.

I almost forgot the obvious: you will need to replace the District Director's name and address, as well as the US Attorney's address with your relevant data.

Don't be surprised that the clerk at the district court didn't answer your question; this is rather common, as reported by many of members of this forum. You have to do your homework and dig out all the info you need from other places. This forum, especially the early postings by the "forefathers' and 'foremothers' postings are really good source of info. I know that is intimidating the length of this thread, but with patience and lot of hours in front of the computer you can find somewhre in this thread almost all the answers to whatever questions you may have.
 
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Thank you, Huxf.

I have some more questions on fill the Civil Cover Sheet. In part IV Nature of Suit, which one did you choose and in the part VII Requested in complaint, did you check this as a Class Action or not, and did you check yes or no for Jury Demand. I am not sure which one I should choose? Thanks a lot.
 
mgzh said:
where can i find the current adress of the defendent? I tried on uscis website, i can not find them? anyone help?????? i already scheduled a PTO day tomorrow to start my fight, plz help
Click to expand...

See my previous post.
 
I should say my deepest thanks in the whole process would no doubt go to you and publicus. Publicus started the thread and the fight against USCIS and FBI, and your insight and kind suggestion really give me the confidence and knowledge to take this bold move. Thank you so much!!! Best wishes to your case as well.

By the way, my wife's case was approved at the same time, even though hers was filed a year later than mine and I did not list her in my complaint. Also her name is really common while my name is not common at all which shows that this stupid NC has nothing to do with your name at all. Anyway, I am just so happy now. Best wishes to everybody here.

EA

paz1960 said:
Congratulations EA! It's nice to have almost every day a good victory of this forum's member.
Click to expand...
 
seagull009 said:
Thank you, Huxf.

I have some more questions on fill the Civil Cover Sheet. In part IV Nature of Suit, which one did you choose and in the part VII Requested in complaint, did you check this as a Class Action or not, and did you check yes or no for Jury Demand. I am not sure which one I should choose? Thanks a lot.
Click to expand...
1. For writ of mandamus lawsuits I saw most of the cases with 540 Mandamus & Other checked, some checked 890 Other statutory actions, as in the cases of 1447(b)
2. No check for Class Action
3. No check for Jury demand
 
Thanks, Paz.

any friend in CA who has actually done it? cajack, and others? Pls input your opinion. it is greatly appreciated. what exact words/sentences you put to protect yourself in joint dismissal motion?

Sky

paz1960 said:
I think that AUSA is right, especially in the jurisdiction of the 9th Circuit Court is no doubt that the district court has exclusive jurisdiction over your application as soon as you filed ylour complaint. USCIS can't formally adjudicate your case; they lost jurisdiction. Strictly speaking, this lawsuit was about to force them to ADJUDICATE your application, not to APPROVE it and ISSUE an oath letter. Adjudication is non-discretionary, approval it is.

So in this situation, a joint stipulation to dismiss is the right step, this should contain a statement that USCIS agrees to adjudicate your case as soon as the complaint is dismissed and in the case of approval to issue you immediately an oath letter.
Click to expand...
 
paz1960 said:
1. For writ of mandamus lawsuits I saw most of the cases with 540 Mandamus & Other checked, some checked 890 Other statutory actions, as in the cases of 1447(b)
2. No check for Class Action
3. No check for Jury demand
Click to expand...

Thank you very much, Paz1960.
 
EAin2005 said:
I should say my deepest thanks in the whole process would no doubt go to you and publicus. Publicus started the thread and the fight against USCIS and FBI, and your insight and kind suggestion really give me the confidence and knowledge to take this bold move. Thank you so much!!! Best wishes to your case as well.

By the way, my wife's case was approved at the same time, even though hers was filed a year later than mine and I did not list her in my complaint. Also her name is really common while my name is not common at all which shows that this stupid NC has nothing to do with your name at all. Anyway, I am just so happy now. Best wishes to everybody here.

EA
Click to expand...
You are welcome and I am happy that you found useful my postings. I learned everything from this forum, and I hope that I can give something back from this to the newer members in the similar unfortunate situation in which I am; called name check black hole.
 
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