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

what would be the appropriate language of motion to dismiss the case

Thank you guys........what a great place. I would have probably waited another 3 years if I had not seen this forum
I got the oath and have recieved the certificate of citizenship.

When I called AUSA, he said he is still waiting to get a response from FBI...Obviously he did not know it, and USCIS immediately (with in 2 weeks) adudicated the case after they recieved the summons. They called me for oath on a 5 day notice. AUSA has asked me to file the motion to dismiss the case.

Can some one please help, as to what would be appropriate language for such a motion?
I can not express enough thanks to those who share there time on this forum
 
anotheronestuck said:
Thank you guys........what a great place. I would have probably waited another 3 years if I had not seen this forum
I got the oath and have recieved the certificate of citizenship.

When I called AUSA, he said he is still waiting to get a response from FBI...Obviously he did not know it, and USCIS immediately (with in 2 weeks) adudicated the case after they recieved the summons. They called me for oath on a 5 day notice. AUSA has asked me to file the motion to dismiss the case.

Can some one please help, as to what would be appropriate language for such a motion?
I can not express enough thanks to those who share there time on this forum
Click to expand...
See posting #7309 for a model
 
3709 is a joint motion:would this be ok language

paz1960 said:
See posting #7309 for a model
Click to expand...
MOTION TO DISMISS:


TO THE HONORABLE JUDGE OF SAID COURT:

On December 12, 2006, United States Citizenship and Immigration Services (USCIS) adjudicated the Plaintiff ..........'s N-400, Application for
Naturalization. This renders the controversy moot.
WHEREFORE, Plaintiff files for a Dismissal of the case.


Dated: December 15, 2006 Respectfully submitted,
 
WOM and/or 1447(b) data on Phoenix DO

Guys,
I am a Phoenix resident and’ve been stuck in the name check process for about a year or so now and am considering filing for either WOM or 1447(b). At this time, I m just doing research and reading posts here so I haven't decided yet on what I 'll eventually end up filing for. For the last few months, I have been calling and writing letters to appropriate agencies/offices like local Phx DO, senator's office, and calling USCIS’ customer service etc..

So, the question I wanted to ask here is very specific to Phoenix area and AZ state and the question is what kind of rulings have judges in AZ courts have been giving out. Are they mostly in the favor of the USCIS/FBI or have been ruling in the favor of people, meaning us plaintiffs. And also, how are the AUSA in the Phoenix area to deal with – are they pretty co-operative or have been giving hard time to the people.

The reason I am asking these questions before I file my case is because I was talking to a friend of mine, who is fairly knowledgeable in the whole WOM and 1447(b) process and he informed me that the rulings on WOM and 1447 are very “area-centric” and that if I was to file for relief under WOM or 1447(b), the success of my case depends quite a bit on AUSA and the courts/judges in AZ. Hence, I thought I’d try to get some idea from the people on this board who are from Phoenix area and are going thru this process. Second, depending upon what people are responding with their answers/experiences in Phoenix, I may wanna think about hiring a lawyer for this whole process if AUSA/judges aren’t that co-operative in the AZ state.

Any help or sharing of experiences is quite appreciated. Thanks to all for their help and time.
 
Thanks PAZ1960

I really thank you for the information. I wonder why you have sent the summons of the District Director to the district address. A new DHS regulation is to send all complaints to the DHS if the defendant is an employee of DHS. Does this still apply?? I'm posting the complaint that I'm about to file to get more suggestions and to allow others to get clearer idea about writing a complain.

Again thanks to all of you specially the vets on this thread.
 
Sweet_Maria said:
I really thank you for the information. I wonder why you have sent the summons of the District Director to the district address. A new DHS regulation is to send all complaints to the DHS if the defendant is an employee of DHS. Does this still apply?? I'm posting the complaint that I'm about to file to get more suggestions and to allow others to get clearer idea about writing a complain.

Again thanks to all of you specially the vets on this thread.
Click to expand...
Hello Maria,
In my opinion, there are two important problems with your complaint.
1. You are asking the court to adjudicate your application or in alternative, to remand the case to USCIS requiring them to immediately adjudicate your application.

Because Congress mandated that no naturalization should be adjudicated before a full criminal background check is completed, there is no judge in this country who will naturalize you without this background check. If the judge would remand your case to USCIS and instruct them to adjudicate your application immediately, USCIS would be left no other choice than to deny your application, because they don't have the results of your background check. You should ask the court to instruct FBI to complete your background check in a certain number of days (say 30) and USCIS to promptly adjudicate your case after the background check results are received from FBI.

2. You are also asking the judge to instruct USCIS to provide you a Notice of Approval. The judge can't compel USCIS to approve your application, only to adjudicate. The adjudication is a non-discretionary obligation of USCIS, the approval or denial (both can be the results of the adjudication) are discretionary.
 
anotheronestuck said:
MOTION TO DISMISS:


TO THE HONORABLE JUDGE OF SAID COURT:

On December 12, 2006, United States Citizenship and Immigration Services (USCIS) adjudicated the Plaintiff ..........'s N-400, Application for
Naturalization. This renders the controversy moot.
WHEREFORE, Plaintiff files for a Dismissal of the case.


Dated: December 15, 2006 Respectfully submitted,
Click to expand...
This text is OK, the only thing I would modify is: "Plaintiff files this Motion to Dismiss the case without prejudice."
 
how my copy should i NEED?

3 Defendent, 1 us attorney, 1 us attorney genaral in wdc. 1 for myself.

Do I need totally copy 6 complaint with Exhibit. 6 civile cover sheet, and 6 summons? does the courthouse have a copy machine for me to use?

some exhibit has confidencail information on it , such like SSN, DOB,,,,,,,Is that safe?

everything is ready, after get this answer, i m leaving. thanks first
 
one more question

I decide to drop off my first summon to us attorney office just in the same building of the courthouse. When i drop my summon, should i ask some one write a reciept for me or they have to sign something for me , as a proof of serve, excting, ready to go
 
More clauses

paz1960 said:
Hello Maria,
In my opinion, there are two important problems with your complaint.
1. You are asking the court to adjudicate your application or in alternative, to remand the case to USCIS requiring them to immediately adjudicate your application.

Because Congress mandated that no naturalization should be adjudicated before a full criminal background check is completed, there is no judge in this country who will naturalize you without this background check. If the judge would remand your case to USCIS and instruct them to adjudicate your application immediately, USCIS would be left no other choice than to deny your application, because they don't have the results of your background check. You should ask the court to instruct FBI to complete your background check in a certain number of days (say 30) and USCIS to promptly adjudicate your case after the background check results are received from FBI.

2. You are also asking the judge to instruct USCIS to provide you a Notice of Approval. The judge can't compel USCIS to approve your application, only to adjudicate. The adjudication is a non-discretionary obligation of USCIS, the approval or denial (both can be the results of the adjudication) are discretionary.
Click to expand...

Maria,

I would also add clauses for WOM and Administratice procedures act. 1447b clauses are good but there is single case in VA district court that over turned 1447b based on the claim that examination also include back ground check.

I will use Writ of mandamus clause to compel defendents to work on your application. Administrative procedures act is also good to mention. I would not base my complaint mainly on 1447b.

Make sure you ask for relief properly like paz1960 said make sure you ask for FBI to finish back ground check. Alternatively ask for new background check and finish it and send it to USCIS. Once USCIS receive background check adjucdicate application within reasonable time. If you ask for stiff 30 day or 60 day anf for some reason USCIS can not find file or complete process they can just deny application just to fulfill court order.

Bottomline is be intelligent and flexible you want them to work on your case not just force them to make decision without proper due process that can lead to denial.
 
Quality

Sweet_Maria said:
I really thank you for the information. I wonder why you have sent the summons of the District Director to the district address. A new DHS regulation is to send all complaints to the DHS if the defendant is an employee of DHS. Does this still apply?? I'm posting the complaint that I'm about to file to get more suggestions and to allow others to get clearer idea about writing a complain.

Again thanks to all of you specially the vets on this thread.
Click to expand...

Maria,

Not to disappoint you your complaint looks average to me. I believe you need to add some more bells and wistels to make it more appealing. I am attaching this case that can give you well written good arguments.

Most of them apply to your case just edit as needed and add arguments to your complaint. Make sure you read all these laws mentioned before using them. This will make you familiar with all clauses and reasoning.

relief asked in this complaint is little weak you can ask better one.

I hope it helps.
 
mgzh said:
3 Defendent, 1 us attorney, 1 us attorney genaral in wdc. 1 for myself.

Do I need totally copy 6 complaint with Exhibit. 6 civile cover sheet, and 6 summons? does the courthouse have a copy machine for me to use?

some exhibit has confidencail information on it , such like SSN, DOB,,,,,,,Is that safe?

everything is ready, after get this answer, i m leaving. thanks first
Click to expand...
mgzh, I think that you are rushing too fast. You need to be more familiar with all the requirements, looks to me that you are not ready yet.

You don't need the civil cover sheets for the defendants, only two copies for the court. You need two copies of the complaint for the court and the judge, in addition you mentioned in your post.
The court didn't have a copy machine available in my case, the one in the nearby post office was broken. So don't count on this, you should have all the copies ready.

As soon as you filed your case with the exhibit, everybody who has computer access will be able to watch your file on PACER so they can get your SSN, DOB, address, etc. No, it is not safe at all, but you don't have much choice. What you can do is to black out your SSN, the month and day of your DOB and use only the last four digits of any sensitive identifying number, at least this is allowed in my court. These things are all regulated by the local rules. Did you read yours?
 
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Call your clerk office to ask. In my case, the court kept one original cover sheet, 2 complaints. They give me back one original complaints with case no and all original summons. then make copies as many as you want to sent to the defendants.

mgzh said:
3 Defendent, 1 us attorney, 1 us attorney genaral in wdc. 1 for myself.

Do I need totally copy 6 complaint with Exhibit. 6 civile cover sheet, and 6 summons? does the courthouse have a copy machine for me to use?

some exhibit has confidencail information on it , such like SSN, DOB,,,,,,,Is that safe?

everything is ready, after get this answer, i m leaving. thanks first
Click to expand...
 
Local Rules

I am reviewing local rules for the district court in my district. Its about 170 pages document! Paz, others, are there any specific areas that we should be famliar with in these local rules for a 1447b ? also the rule for filing says:

---------------------------------------------------------------
(a) Governing Rules and Procedures. The local rules, the court’s ECF Policies and Procedures
(Appendix ECF to these rules), and court orders govern papers filed by electronic means. Except as specified
otherwise in the ECF Policies and Procedures or by court order, all papers (not simply cases) filed after
September 20, 2005 must be filed electronically. The court may excuse a party from electronic filing on motion
for good cause shown. Except as specified otherwise in this rule, papers must also comply with LR 5.1
---------------------------------------------------------------------

Does this mean the complaint has to be filed electronically ? What exactly has to be done by the plaintiff "electronically" ?
 
lotechguy said:
I am reviewing local rules for the district court in my district. Its about 170 pages document! Paz, others, are there any specific areas that we should be famliar with in these local rules for a 1447b ? also the rule for filing says:

---------------------------------------------------------------
(a) Governing Rules and Procedures. The local rules, the court’s ECF Policies and Procedures
(Appendix ECF to these rules), and court orders govern papers filed by electronic means. Except as specified
otherwise in the ECF Policies and Procedures or by court order, all papers (not simply cases) filed after
September 20, 2005 must be filed electronically. The court may excuse a party from electronic filing on motion
for good cause shown. Except as specified otherwise in this rule, papers must also comply with LR 5.1
---------------------------------------------------------------------

Does this mean the complaint has to be filed electronically ? What exactly has to be done by the plaintiff "electronically" ?
Click to expand...
In my court the Pro Se plaintiffs are required to file the complaint in paper form, the Plaintiffs represented by an attorney need to file electronically (by the attorney).
 
return receipt of WOM

paz1960 said:
This really depends on the local rules of your court. Here is what I did (it not be necessary acceptable in your district court but worked for me):
1. I wrote a Certificate of Service similar to one I posted couple of days ago.
2. I filled the corresponding parts of the summonses with the delivery method and delivery date.
3. I attached printouts from the USPS tracking web site for the delvery poof and the originals of the cerified mai receipts (the green slips I received when I mailed the letters).
4. I took all of this to the court (they have an office in my hometown).
5. I send a copy of everything to the US Attorney's office.
Click to expand...

Hi Paz1960,
Thanks for that detail information. One last verification, the "return receipt" is just the certified mail proof of delivery receipt? Will the US Atty of my district issue me another kind of "return receipt"? Once I am clear with this "return receipt" issue, I am really to follow your instruction to file Certificate of Service
Thanks a lot!!!!
 
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