gctarget06 said:Dear Paz and other seniors...
I have one question and I've been thinking about it but couldn't conclude from my end.
The question is " Can I file an exhibit or some additions to previous complaint once the complaint has been filed with the court ?? " I just wanted to add few more things to my filed complaint and provide some more exhibits in support of it. to me it appears that I should be able to, but Not sure if I could do that ??
Please comment...
Thanks a lot for doing the good work...
Bushmaster said:I actually talked to two officers today, one was the lady in charge of military applications (who was going on leave today until March if I understood correctly) and the second lady was the Congressional Liaison person who answers to the congressional staff like senators, congresspeople.
My main reason was to find out, since I requested a name change, when would the court ceremony take place in my district. She looked and said "July 31" I said "we can't do that because I will be deployed already most likely by then" She proceeded to hang up in an attitude I perceived as "well, though shit for you!" I kept asking questions. After getting my alien number, to one of them she said well we got your FBI name check back and results were positive, which I again perceived as good, saying "oh that is good then" you know, being positive, but it was the other way around I guess like an HIV test, she said "no that is NOT good" She mentioned about the rap sheet and giving the file to the congressional liaison. Most of what I talked with her is kind of blank to me right now as I was kind of nervous anyway. Every word I said, she proceeded to hang up by saying "alright? ok?" My conversation with the liaison lady was more comforting, she painstakingly explained the procedure, being military automatically brings you in front of everyone, and that is what they did with my application. FBI name checks and rap sheet are not the same thing, the name check results indicated my 2001 arrest for the overstay visa. They had fingerprints in file, I do not need to give new fingerprints however the rap sheet had expired therefore they requested a new one, my question was of course how long, fearing another 3 years, she said about 1-2 weeks. She said at the someone will call me from Atlanta to go in whenever possible which I assumed for the oath ceremony. I don't have anything that they don't already know in that rap sheet, as a matter of fact I have one of them that has been done for my military enlistment, it clearly indicates the date, agency and location of the arrest.
Still, I am nervous as hell, because those words of the lady who is in charge of military applications "No, that is not good" rings through my mind, I wonder if she meant "we are going to deny this case" And on the other hand, liaison lady's comment about someone would be calling me and setting up a date comforts me, but negative takes over the positive.
So yet again I am in limbo, at least very close to a decision. A military friend of mine of whose N400 I prepared for the most part back in October, got an interview notice for me March 6 and most likely same day oath and naturalization.
786riz said:I think this will help:
a. 10 complaint (one original sign other copies) {5 defendants + 1 court + 1 judge + 1 AUSA + 2 for me)
b. Two exhibits (took 10, clerk said give me only 2 send others yourself with the complaints)
c. Two civil cover, one original sign and other copy
d. Two set of summons, each has six (5 defendants + 1 AUSA). One original will go to defendants and she need back one original and one copy as return service.
Thank you.
On the summons for the US Attorney, I put the following address:akram88 said:786riz thanks for your reply.
question about d. I don't know yet who is the AUSA on my case so should I print a blank summon sheet (with my info on it) and take it with me?
Thank you.
This really depends on what kind of hearing will be. If is an initial case management conference, you probably don't have to do much, but it helps if you are familiar with the exact text of your complaint and the paragraphs from the statues you used in your complaint. It is also good to have a list what would you like to ask from the defendants in the discovery phase (your alien file, any document which would show why in the first instance your name check was not cleared, any other document which shows why your petition was still not adjudicated, etc.)weiyuzhu said:Sorry that I might have posted this message in a wrong place since I couldn't figure out how to start a new message so I chose to reply the current one.
I filed WOM on Dec 13, 2006 (for I-485) and my court hearing is Feb 14, 2007 (this Wednesday). Today (Feb 12, 2007) I was told by my AUSA that they haven't heard anything from the immigration office yet so I have to attend the court on Feb 14, 2007. I really have no idea what will happen in the court and what I am supposed to do there. Any help will be highly appreciated. Thank you very much.
-Weiyuzhu
paz1960 said:This really depends on what kind of hearing will be. If is an initial case management conference, you probably don't have to do much, but it helps if you are familiar with the exact text of your complaint and the paragraphs from the statues you used in your complaint. It is also good to have a list what would you like to ask from the defendants in the discovery phase (your alien file, any document which would show why in the first instance your name check was not cleared, any other document which shows why your petition was still not adjudicated, etc.)
If this will be a real hearing, besides being familiar with your complaint, you should be able to present everything you would put in an opposition for a motion to dismiss (which is the most common filed or argued by the defendants). I'm sure that you already prepared at least a draft of this opposition.
paz1960 said:On the summons for the US Attorney, I put the following address:
United States Attorney's Office
Western District of Michigan
Civil Process Clerk
P.O. Box 208
Grand Rapids, MI 49501-0208
Obviously, you have to change your district name and address.
As far as I remember, I saw one single WOM lawsuit for I-130 Petition for Alien Relative, filed in the last two years in this district, before I filed a 1447(b) case. Since than, I saw at least two more cases, which I believe are still pending. The WOM case is Goike v. Chertoff, case no. 5:05-cv-141, it ended with a joint stipulation to dismiss (Plaintiff's petition was adjudicated before trial, but he had to oppose a motion to dismiss). The case was originally assigned to the same judge, who was assigned also to my case, Hon. Gordon Quist. From the speach he gave during the Oath Ceremony, I had the feeling that he is not happy with the long delays in adjudicating these cases by USCIS. Goike v. Chertoff was handled by a magistrate judge, Hon. J.G. Scoville. Because the parties reached an agreement (case was adjudicated) we don't really know, what would be the magistrate judge's position if the lawsuit would advance. Unfortunately, that's all what I know about the Western District of Michigan judges' position in stalled immigration benefit lawsuits.goldin03 said:Paz and/or others~
How "immigrant-friendly" are the judges in Michigan's Western District? I am thinking of filing a WOM soon but unsure of how many people have actually won their I-485 WOM suits...
Any replies or comments are appreciated! Thanks!
Be positive! It seems that they are working on your case and there is a chance that it will be adjudicated before the 60 day extension is up. It is good that they didn't file immediately a motion to dismiss.gcok2006 said:Have to wait for two more months.
STIPULATION AND ORDER by Judge Andrew J. Guilford: EXTENSION OF TIME to Respond to Plaintiffs Complaint[1]. Emilio T Gonzalez answer due 4/9/2007; Alberto R Gonzales answer due 4/9/2007 by Judge Andrew J. Guilford. IT IS SO ORDERED. (rla, ) (Entered: 02/09/2007)
paz1960 said:Be positive! It seems that they are working on your case and there is a chance that it will be adjudicated before the 60 day extension is up. It is good that they didn't file immediately a motion to dismiss.
On what exact date did the US Attorney's Office RECEIVE your complaint and summons?gmlvsk said:Paz,
The due date for AUSA to reply has past now.
Should I file for default judgment or should I send AUSA email
telling her if I don't hear this weak I'll file for defailt judgment?
I called her 3 times and was told the same, that she emailed USCIS
and waiting for them to answer.
Thanks
paz1960 said:On what exact date did the US Attorney's Office RECEIVE your complaint and summons?
I would wait couple of days. The chances to get a default judgement against the government are essentially zero. The FRCP states:gmlvsk said:Dec 12.
Thanks
You already know my story. My only comment is that apparently it is true that AUSA does whatever USCIS General Counsel directs him/her to do.786riz said:Hi Team,
I need your comments and understating of your conversation to AUSA.
I have filed my 1447b on 2/1/07 in Michigan. Spoke to AUSA on 2/7/07, AUSA (Derri Thomas) was very nice and polite person; understand why the folks are filing suits. She told me that there is no more automatic expedite, USCIS is aware of your suit. Now, your name is entered in a list, like other folks who filed suit and I do not know how long will it take for USCIS to ask FBI to check your name. I will wait for 60 days then with your agreement we will file for 30 days extension, if case still not resolve then I will file a standard motion to dismiss on the ground of lack of jurisdiction. I asked her if you know USCIS will not move, then why we need to wait that long? Why not you just file motion to dismiss and I will oppose you and judge will rule on it and we will be done very quickly? She said she can not do that. I asked her why; she said there are some general rules set by USCIS General Counsel which I have to obey. I want to go more deep in this topic but I just closed my big mouth. She told me in past she never called anyone to expedite anyone name.
Could you folks please share your experiences, folks who filed before December, 06 and folks who filed in January, 07 and onwards?
Thank you
Chapter 14 (pages 92-96) from the N.D. Cal. Pro Se handbook describes very well the Motion for Summary Judgement and explains what do you have to do.Olin said:Paz and other helpers,
I wanted to update my case with you. I had an unexpected conference call with the judge and the AUSA this afternoon. In the conference call the judge first asked me why I did not file the opposition and I said because I did not realized the 20 days rule. He then asked the AUSA why my NC has been pending for that long. The AUSA said because of the large amount of backlogs FBI is experiencing. The judge then asked when my NC started, while I told him it was 2003, the AUSA said she did not know. Then the judge said he would not order the Mandamus based upon my complaint, neither would him grant the motion to dismiss. Instead, the AUSA needs to find out the exact date on which my NC started and also provide the normal timeframe NC should be processed. Finally the judge gave 30 days to AUSA to get the information from FBI and USCIS. The AUSA agreed and said she would file a motion for summary judgement. The judge then ask edme to seek for an attorneey to reprsent me if AUSA files the motion for summary judgement.
I am glad that at least the case is not dismissed. Now, does any of you know what is the purpose of motion for summary judgement? Do I need to do something now?
Olin
_________
AOS interviewed March 2003, stuck with NC
WOM filed Oct.23, 2006
AUSA filed Motion to Dismiss on Dec.23, 2006
paz1960 said:Chapter 14 (pages 92-96) from the N.D. Cal. Pro Se handbook describes very well the Motion for Summary Judgement and explains what do you have to do.