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

[NameCheck2.0]

Thanks paz1960

I was a Pro Se, The AUSA filed his reply to my complaint 6 month later, intead of 60 days and that was on my side. On the fifth month, I filed a motion for a master hearing, he then finally replied with a motion to remand. I had to write my own motion in opposition to remand, and I mailed it to him before the hearing date, becaus I was ready to present it to the judge. He wasn't returning my phone calls and when he saw that, things started to move very fast. I had a finger print letter, They let my finger prints expired.

Two things were on my side:
1-He was late replying, Major plus
2-His argument didn't make any sense

so after the hearing, he told me that he is ready to dismiss the case and he told the Judge that I will be sworn in 2 weeks and it happened I didn't get even to present my motion to the judge

I will upload my motion for an opposition to remand, I just have it on another computer.

 

[paz1960]

Thanks paz1960

I was a Pro Se, The AUSA filed his reply to my complaint 6 month later, intead of 60 days and that was on my side. On the fifth month, I filed a motion for a master hearing, he then finally replied with a motion to remand. I had to write my own motion in opposition to remand, and I mailed it to him before the hearing date, becaus I was ready to present it to the judge. He wasn't returning my phone calls and when he saw that, things started to move very fast. I had a finger print letter, They let my finger prints expired.

Two things were on my side:
1-He was late replying, Major plus
2-His argument didn't make any sense

so after the hearing, he told me that he is ready to dismiss the case and he told the Judge that I will be sworn in 2 weeks and it happened I didn't get even to present my motion to the judge

I will upload my motion for an opposition to remand, I just have it on another computer.

The fact that you did this Pro Se adds more to the value of your victory. What was the reason that you didn't file a Motion for Default Judgement after the 60 days expired? And what is the motion of master hearing? I didn't hear about this till now.

Also, if you post your Opposition to Defendants Motion to Remand, please upload the Motion too. Otherways it is difficult to understand, because I assume that you made plenty of reference to sections from the Motion. Of course, you should black out the personal info parts to protect your privacy...

 

[NameCheck2.0]

Well, default judgement against the US government is almost impossible. look C.F.R 28 sec. 55(e). You will never be able to get such a thing. Motion for a master hearing is "A motion for a master hearing on the naturalization". Usually you will have a status hearing before that, where the defendants are going to try to dismiss the case or rermand it back.

 

[gmlvsk]

There are some explanations here http://www.tlsc.org/prose5.html

Well, default judgement against the US government is almost impossible. look C.F.R 28 sec. 55(e). You will never be able to get such a thing. Motion for a master hearing is "A motion for a master hearing on the naturalization". Usually you will have a status hearing before that, where the defendants are going to try to dismiss the case or rermand it back.

 

[paz1960]

Well, default judgement against the US government is almost impossible. look C.F.R 28 sec. 55(e). You will never be able to get such a thing. Motion for a master hearing is "A motion for a master hearing on the naturalization". Usually you will have a status hearing before that, where the defendants are going to try to dismiss the case or rermand it back.

I think that the correct citation is F.R.C.P. rule 55(e):

"Judgment Against the United States.

No judgment by default shall be entered against the United States or an officer or agency thereof unless the claimant establishes a claim or right to relief by evidence satisfactory to the court."

Also, doing some search with Googe, the "master hearing" term is used in Immigration Courts, probably this is the reason why I never encountered this term in the Federar District Court cases.

 

[Annamalai96]

Pacer Clarification

Hi All:
I am very new to this new forum and I have a basic question. I have been going through documentations in Pacer for WOM cases filed in my district Philadelphia and I have seen quite a number of Cases with Status - "DISMISSED - SETTLED". Does "DISMISSED - SETTLED" mean that the "Name Check" was expedited and case was solved before "Hearing".

Thanks all, Keep up the good work.

Annamalai
485 - File in Local District Office Philadelphia
waiting for Namecheck since Jan 2006

 

[wenlock]

Hi All:
I am very new to this new forum and I have a basic question. I have been going through documentations in Pacer for WOM cases filed in my district Philadelphia and I have seen quite a number of Cases with Status - "DISMISSED - SETTLED". Does "DISMISSED - SETTLED" mean that the "Name Check" was expedited and case was solved before "Hearing".

Thanks all, Keep up the good work.

Annamalai
485 - File in Local District Office Philadelphia
waiting for Namecheck since Jan 2006

That is correct. If case is settled prejudice usually it means plaintiff got the relief that he sought.

 

[paz1960]

Hi All:
I am very new to this new forum and I have a basic question. I have been going through documentations in Pacer for WOM cases filed in my district Philadelphia and I have seen quite a number of Cases with Status - "DISMISSED - SETTLED". Does "DISMISSED - SETTLED" mean that the "Name Check" was expedited and case was solved before "Hearing".

Thanks all, Keep up the good work.

Annamalai
485 - File in Local District Office Philadelphia
waiting for Namecheck since Jan 2006

Most likely, yes. But you should go to the Docket and there you can look for all the filed documents and get a better idea what happened in a particular case.

 

[fadd2002]

when I submitted my wom, I asked my court's clerk if my wife need to submit another wom, they told me no, just add her in my wom as another plaintiff.

I suggest you go to yuor court and ask the clerk how to handle it. I believe you can add your wife as a plaintiff in your wom.

good luck

Hi, icare,

I just talked to my AUSA and she told me that they only requested NC expedition for myself because I am the only plaintiff.

In order to expediate the spouse's NC, you need either modify the complaint or file another WOM. But the bad news is that USCIS changed the policy and maybe a new WOM won't work from now on. She confirmed the new USCIS policy is in place and she don't know how it is working but she still suggest that I could file a WOM for my spouse.

I think the best thing is to modify the plaintiff list and that way we can still keep the old filing date and maybe still get the NC expedition.

 

[he55]

Pro Se lawsuit against USCIS looking for assisstant

After waiting two years since my N-400 interview and after all corresponding that I sent/received from USCIS regarding my case I am convinced after reading how one could prepare a lawsuit against USCIS to go ahead with it yet I would appreciate all help I could get to start this process since I chose the Pro se option.

 

[lotechguy]

Some Stats

I just took some numbers at the number of WOM/1447b cases filed and it looks like between Dec 10 to 15 about 78 were filed. The number between Jan 10 to Jan 15 is more like 31, so there is definitly reduction in case rates being filed. Interestingly of all Wom/N400 cases filed after Dec 19, 2 have been already remanded to USCIS with what look like instructions to finish in 3 to 4 months (in Clevland OH) by the judge.

 

[paz1960]

I just took some numbers at the number of WOM/1447b cases filed and it looks like between Dec 10 to 15 about 78 were filed. The number between Jan 10 to Jan 15 is more like 31, so there is definitly reduction in case rates being filed. Interestingly of all Wom/N400 cases filed after Dec 19, 2 have been already remanded to USCIS with what look like instructions to finish in 3 to 4 months (in Clevland OH) by the judge.

Lotechguy,
I looked up the two cases you mentioned (one N-400, one I-485 case, both with the same judge). In my opinion, the remand instruction is not strong enough, because it leaves open the possibility that Defendant can file a status report if the application is not adjudicated till the set time. This means, that USCIS doesn't have a strong incentive to complete these cases till the deadline, they just need to file periodically a status report which can contain the same wellknown "case pending because background check is not completed". It would be interesting to follow, what will happen in these two cases...

 

[paz1960]

After waiting two years since my N-400 interview and after all corresponding that I sent/received from USCIS regarding my case I am convinced after reading how one could prepare a lawsuit against USCIS to go ahead with it yet I would appreciate all help I could get to start this process since I chose the Pro se option.

Welcome to this forum. There is plenty of information posted here, you certainly will find answers to (almost) all of your questions, you just need patience to read through the 7000+ postings.

One think you should be aware of. Since December 22, 2006 seems that USCIS is not requesting automatically an expedited name check process from FBI, when a lawsuit is filed against them. This means that most likely, you will need to go further with the whole lawsuit, probably be able to oppose a motion to dismiss or remand, or to go to a hearing in front of the judge and defend your claims. If you feel uncomfortable with this, you should consider the option of hiring an experienced immigration lawyer.

 

[ashlie23]

guys, i wanted to file a lawsuit again USCIS/FBI. When I call attorneys to hire them, none of them are willing to take the case as all of them are saying that USCIS have immigration delays in name check, and they won't be able to help out with filing a law suit.
Like I mentioned earlier, my case has been stuck in FBI name check for past 2 years..what should I do??

 

[paz1960]

guys, i wanted to file a lawsuit again USCIS/FBI. When I call attorneys to hire them, none of them are willing to take the case as all of them are saying that USCIS have immigration delays in name check, and they won't be able to help out with filing a law suit.
Like I mentioned earlier, my case has been stuck in FBI name check for past 2 years..what should I do??

You can try to subscribe to PACER, and look up similar cases in your district. Most likely, some of these cases were litigated by lawyers, not only Pro Se Plaintiffs. From the material posted on the docket, you should be able to get the lawyer's name, and contact information. It is likely that somebody, who already filed such cases, would take yours too.

 

[fadd2002]

you can do it by yourself. It is easy .
read the posts at here.

guys, i wanted to file a lawsuit again USCIS/FBI. When I call attorneys to hire them, none of them are willing to take the case as all of them are saying that USCIS have immigration delays in name check, and they won't be able to help out with filing a law suit.
Like I mentioned earlier, my case has been stuck in FBI name check for past 2 years..what should I do??

 

[8970]

guys, i wanted to file a lawsuit again USCIS/FBI. When I call attorneys to hire them, none of them are willing to take the case as all of them are saying that USCIS have immigration delays in name check, and they won't be able to help out with filing a law suit.
Like I mentioned earlier, my case has been stuck in FBI name check for past 2 years..what should I do??

same to me when I thought to do it . but I made pro se and it is work well.
and at last no lawyer be helping my case. just do it ( lawsuit) by yourself.

 

[ashlie23]

thanks

alright guys..thanks a lot

 

[aka808]

Why do you say you were one of the lucky ones for having a second interview? They gave you a hard time and recorded you on camera, is that right? So why are you saying you were lucky for going through that hard interview?

It was meant to be sarcastic? WHat is the reason for such questioning. Last i checked we are hear to support each other and the cause and NOT to question a mere phrase ?

 

[snorlax]

hi, all:

just got an answer to my case, here are the important part of it at least i think it is:

=====
....
cause of action

11. defendants deny that plaintiff had her naturalization examination on July, 2006. plaintiff was interviewed as a component of the naturalization examination. piror to contemporary procedues, background checks were not required to be completed before a naturalization interview was conducted, plaintiff's naturalization examination is not yet complete.

...
FIRST AFFIRMATIVE DEFENSE

the court should dismiss the complaint under Fed.R.Civ.P.12(b)(6) because plaintiff fail to state a claim upon relief may be granted.

SECOND AFFIRMATIVE DEFENSE

the court should dismiss the complaint under Fed.R.Civ.P.12(b)(1) for lack of subject matter jurisdiction.

WHEREFORE, defendants pray for relief as follows:

the judgment be entered for defendants and against plaintiff, dismissing plaintiff's petition with prejudice; that plaintiff take nothing; and that the Court grant such further relief as it deems just and proper under the circumstances.

=======

so what does this implies? good sign or bad sign, i know that i dont have to file anything to the answer since it's not a motion, but does this imply that AUSA will fight me on the court for my case?

please please give me some feedback and help. i am in north district court of california. filed in san jose, under judge RMW.

thanks,

pearl

Dear pearlgal:

I am just a dilettante, who is planning to file in San Jose in mid-February – far behind you on the conveyor belt. No gurus answered, so I decided to chime in with my 2 cents.

For what it is worse, my understanding is that if that was an answer as you said it was – the AUSA is just trying to buy some time to work on his motion. If that was a motion to dismiss – you have to prepare your countermotion.

Best of luck to you, please keep us posted!
snorlax