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

Knowledge on Opposition to Defendants' Motion

paz1960 said:
Hello annat, I'm so happy for you! Congratulations! I learned a lot helping you with the Opposition to Defendants' Motion. Looks that I will not need that now, but I certainly will pass on that knowledge to other members of this forum who may need it.
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Dear Paz1960,
Thank you for your active input to the questions in this forum, your help
is definitely valuable to us. I am quite new to this forum. Could you send me
a copy of "Opposotion to Defendants' Motion" ? You can send it to my email:
ymliu99@gmail.com. Thanks for your help, liuym
 
The US attorney contacted my lawyer and said he will try to get the name check expedited. I called him yesterday and he said he will talk to the Attorney at the USCIS level and get the name check done.

He said he will call me back yesterday regarding this and has not called back. February 2ond is the time the US government has to respond. So the Government has 10 days left. I am real worried.

What happens if the US attorney is not able to get the name check done in 10 days? Would it be in apporopriate for me to call the lawyer again today and see what is going on in the case?
 
betaMichigan said:
The US attorney contacted my lawyer and said he will try to get the name check expedited. I called him yesterday and he said he will talk to the Attorney at the USCIS level and get the name check done.

He said he will call me back yesterday regarding this and has not called back. February 2ond is the time the US government has to respond. So the Government has 10 days left. I am real worried.

What happens if the US attorney is not able to get the name check done in 10 days? Would it be in apporopriate for me to call the lawyer again today and see what is going on in the case?
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I am also in Michigan, we are in same boat. Do you mind tell me who is your US Attorney? Did he/she notice this new policy change (no name check expedite)? You got be sure they really did expedite your name check, because USCIS is not always listern to US Attorney.
 
What is the no name check expedite thing? I am worried, my lawyers name is Jose Sandoval from Grand Rapids.

I just got a call from the US attorney, he is asking for a 30 day extension and said that my case is stuck in some sort of digitization process. I think he is working to get this taken care of.

You have me worried about the No name check expedite rule. Please let me know
 
Snorlax and paz1960:

Thank you so much for your advice. I will go to another info pass on friday to see if anything has changed. I will let you know how that goes. If not I will wait for another month and file a complaint with the district court. Is that fairly easy to do? Does it help?
 
betaMichigan said:
What is the no name check expedite thing? I am worried, my lawyers name is Jose Sandoval from Grand Rapids.

I just got a call from the US attorney, he is asking for a 30 day extension and said that my case is stuck in some sort of digitization process. I think he is working to get this taken care of.

You have me worried about the No name check expedite rule. Please let me know
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Sorry to make you worry, I like to know who is your assigned US Attorny (not your lawyer)? I am in Eastern Michigan Federal District Court (downtown, detriot). Dont worry, if they can expedite your name check, you will be fine.
 
I am in the Western Michigan court. And the Lawyers name is Mike Shiparksi. Can you tell me a little about the thing you are talking about? According to the lawyer he is talking to the US Attorney for the USCIS and trying for them to adjudicate the name check quicker. The rest God knows, he is asking for an extension
 
betaMichigan said:
I am in the Western Michigan court. And the Lawyers name is Mike Shiparksi. Can you tell me a little about the thing you are talking about? According to the lawyer he is talking to the US Attorney for the USCIS and trying for them to adjudicate the name check quicker. The rest God knows, he is asking for an extension
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According to my US Attonery, After December 22, there are no name check expedite request from US Attorney will be accepted with WOM pending case. I dont know it is true or not. It means that you have to fight with them in the court to let Judge order them expedite your name check. My US attorney is also trying to help me, but with new policy, there are nothing she can do. I dont know what is going to happen next, but dont worry, we still can fight them in the court for our right, but it just takes a little longer
 
betaMichigan said:
I am in the Western Michigan court. And the Lawyers name is Mike Shiparksi. Can you tell me a little about the thing you are talking about? According to the lawyer he is talking to the US Attorney for the USCIS and trying for them to adjudicate the name check quicker. The rest God knows, he is asking for an extension
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Mike Shiparski is a lawyer by profession but he is an Assistant US Attorney (AUSA) in the Western Michigan District. He is in contact with the DHS/USCIS Office of General Counsel. (There is no such thing that "US Attorney for the USCIS"). USCIS is not adjudicating the name check, the name check is done by FBI, USCIS can request an expedited processing of the name check. USCIS will adjudicate your petition after they get the result of your ame check. Because your attorney filed the complaint toward the end of November (if I remember correctly), most likely USCIS requested the expedited process before they changed their policy (Dec. 22, 2006).

The same AUSA asked a 30 day extension also in my case and looks that it was enough. He e-mailed me today the copy of the first page of my N-400 application with the USCIS stamp and signature APPROVED (signed by the same officer, who interviewed me). My experience with this AUSA is that he is very professional, curteous and willing to help. It is not easy to communicate with him, but probably understandable. For us OUR case is the unique, most important case. He probably has many other cases and yours or mine is just one of the many others...
 
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wow, what a conincidence. Can you tell me what is the December 22ond thing you are talking about, I am not aware of this, I would really appreciate it.

May I also ask how you know that my case was filed at the end of November?
 
msenior said:
Hi, Paz:
I found one from this forum. which is used for class action. I picked good part from that one. Again, thank you for remember my case so clear. I prepare to file Opposition by this Thursday. I like you comments for other friend. have a statement to ammend to WOM is really good idea. I have request to you, would you share part of your Opposition to me (zhang_zm@yahoo.com). It should help me alot. Thank you in advance!
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I need to finish my draft Opposition first and as soon as my case is closed and I'm sure that I don't have to use it, I will remove the personal info from it and I will post it on this forum.

In the meantime, I attached one of the very well worded Oppositions I used for drafting mine, written by a professional lawyer in the Al-Kudsi v. Gonzales case. You should get enough inspiration from this in order to draft yours.
 
US attorney said that he had nothing to say to me

Finally I got a chance to talk with the US attorney, he was impatient. That was what he told me on the phone:"
I did't do anything on your case yet. Whatever I will file to the court, you will got a copy. Since you are not an attorney, I am not supose to speak with you about the case."
Then I told him that I file the case Pro Se, and I think it would be a nice thing if I can well communicate with him. He replied:" It doesn't matter if you filed pro se or not, we won't do anything bad behind you."
I am in the Northern District of Texas. It seems that the US attorneys do not talk with the Plaintiffs in this district. Does any one have the same experience with the US attorney?
 
Hay paz,
very good counter motion. Do you have motion filed by AUSA, if so, could you please post that too?
Thank you so much.


paz1960 said:
I need to finish my draft Opposition first and as soon as my case is closed and I'm sure that I don't have to use it, I will remove the personal info from it and I will post it on this forum.

In the meantime, I attached one of the very well worded Oppositions I used for drafting mine, written by a professional lawyer in the Al-Kudsi v. Gonzales case. You should get enough inspiration from this in order to draft yours.
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betaMichigan said:
wow, what a conincidence. Can you tell me what is the December 22ond thing you are talking about, I am not aware of this, I would really appreciate it.

May I also ask how you know that my case was filed at the end of November?
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According to several, officially unconfirmed sources, posted also on this forum, USCIS decided to put a break on the flow of the lawsuits filed against them in District Courts. Apparently, there is an internal memorandum dated December 22, 2006, which redefines the situations where USCIS would ask FBI to expedite the name check process. Formerly a pending mandamus lawsuit in a district court was one of the reasons. Now this was removed from the new list. This means that filing a complaint because the pending background check, and unadjudicated application/petition will not trigger automatically a request to expedite the Plaintiff's name check process at FBI. If this information is correct, it will mean that most likely Plaintiffs will need to be prepared to Oppose Motions to Dismiss and/or defend their cases in front of the judge during a hearing.

There is nothing magic about how I know that your case was filed at the end of November. You posted this in posts 7266 and 7443; I answered your questions in posts # 7278 and 7448. I also looked up your case on PACER, it was indeed filed on November 28. But your lawyer is not really up to date with immigration issues: the Director of USCIS is Emilio T. Gonzales, he was sworn in this position on January 4, 2006. His predecessor was Aguirre, named as one of the defendants in your lawsuit.

One more thought. I would bet that your country of origin is one of the reasons why your case got stuck. The other issue what they will scrutinize very closely is your marriage to the US citizen wife. There is a special unit in USCIS who deals with immigration frauds; one of the most frequent one is the fake marriage to a U.S. Citizen. I'm not implying that yours is one; I have no idea about this, neither pro or con, because I don't know you or your situation. I just wanted to let you know, what did I learn from other similar cases, reading this forum.
 
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786riz said:
Hay paz,
very good counter motion. Do you have motion filed by AUSA, if so, could you please post that too?
Thank you so much.
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I don't have the Motion to dismiss for this case, but you can find the case number on the posted Opposition, use PACER and you can download it (and all the other related documents) from the web site of the district court.
 
apaulinar said:
Snorlax and paz1960:

Thank you so much for your advice. I will go to another info pass on friday to see if anything has changed. I will let you know how that goes. If not I will wait for another month and file a complaint with the district court. Is that fairly easy to do? Does it help?
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In your case, I believe that there is a fairly good chance that even a letter to USCIS threatening them that you are going to file a lawsuit if they don't adjudicate your application, would produce the desired result. The reason why I think that the letter about the intent to sue will work, is that your background check is complete, they don't have this argument what they pull invariantly in the majority of the cases of interest on this forum.

How easy or difficult is filing a complaint? This is relative. Before I begun reading this forum, I thought that it is impossible for me, because I had zero previous experience with litigations, I didn't even watch TV shows about court cases (Judge...I forgot the name). After spending about 100 hours reading all the postings on this forum, I realised that all the needed information is already posted, I just need time and patience. So now I think that filing a complaint is not so difficult.
 
whatsnamecheck said:
While I prepare 1447b pro se, I found a lot of the cases that won were stalled for years. In my case, my name check started at the end of March 06, and interview was in early Sept. 06. Should I wait longer to win sympathy from the judge? I saw one court opinion that says "the impatient plaintiff". What if the judge says the same thing about me? As I recall, the field officer told me during my last infopass "we are aware of the 120 days deadline, but there are tens of thousands of people who have waited for years. You have to be fair to others."
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This is a question which doesn't have a unique answer. If you are talking about sympathy, this is a human feeling, so you imply that the judge doesn't just applies the law, (s)he has also feelings. And you are probably correct. But accepting this, you also have to accept, that there are several hundred district court judges and they may have different feelings. It is impossible to guess, that what will be the feeling of a judge, even if you would know in advance, who will be your judge. The field officer was right, but a lawsuit is not necessary about fair play; it is more about following the letter and spirit of the statue. And if you consider that, you certainly are entitled to a court action after 120 days passed from your interview.

However, I don't deny that your chances are better if the waiting time is longer and you have all kind of proofs that you tried everything possible to avoid filing your complaint and resolve the case peacefully. And you definitely can't go yet with a WOM lawsuit.
 
I want to file WOM.. is it too late?

Hi every one !

MY case

pd 1/23/1998
I-485 RD 1/3/2003
employment base : EB3 - India

USCIS submitted name check request on 9/10/2003. And according to communication through congress woman of Long Island, NY, my case stuck because USCIS has not received result of name/date of birth check from FBI.

I read that since December 22, 2006, USCIS changed the rule and will not request to expedite Name check from FBI.

Can I still file WOM in light of this change of rule?

Please advise. Any one done WOM in Eastern Dictrict NY ? In long island, NY?
 
Akbari said:
Hi every one !

MY case

pd 1/23/1998
I-485 RD 1/3/2003
employment base : EB3 - India

USCIS submitted name check request on 9/10/2003. And according to communication through congress woman of Long Island, NY, my case stuck because USCIS has not received result of name/date of birth check from FBI.

I read that since December 22, 2006, USCIS changed the rule and will not request to expedite Name check from FBI.

Can I still file WOM in light of this change of rule?

Please advise. Any one done WOM in Eastern Dictrict NY ? In long island, NY?
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I would never recommend to somebody to file a complaint Pro Se if you are not prepared and decided to fight till the end. Just filing the complaint and hoping that this will solve automatically this name check problem was always a bad idea, in my opinion.

So if you are prepared and you are willing to go and fight for your rights till the end, which may include writing oppositions to defendants' dispositive motions and standing up and defending your case in front of a judge and in the unlikely event of losing, appealing your case in front of a Circuit Court; I would say, yes, go ahead and file your lawsuit by yourself. Apparently, the only thing what changed is that USCIS will not automatically request an expedited processing of your name check. But there are several court decisions, which stated that USCIS has a non-discretionary duty to adjudicate your GC petition without unreasonable delay and about 2 years or more was considered in several cases an unreasonable delay. If you win your case, the judge will order defendants to complete your name check and adjudicate your petition according to a well defined timetable. Be assured that they will comply and they don't want to be held in civil contempt.
 
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