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

wenlock said:
kefira said:
What is connection between this article QUOTE]

Kefira,

Just interested to know if you made any head way in your case. I know you submited your opposition to motion to dismiss do you know what is going on with the case now.

I have noticed that slowly it is taking little longer for name check to clear based on statistices from pacer. I think name check expediated queue is getting longer and longer now. That is why a lot less cases are getting adjudicated recently.
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Yes, u r right. I submitted my opposition and later they answered me with Memorandum in their support to previous motion to dismiss. I was thinking about filing my memorandum in support of my opposition to motion to dismiss, but I am not sure if I am allowed to do it. Do you know by any chance?
Basically they wrote in their memorandum, that INS wants completely withdraw their approval for my I485 (this part was approved already, but was pending due to FBI NC). I mean INS never had any questions regarding my I485, but would not give me the final answer due to NC, but now it looks as they want to go through the process again. I really do not know and I lost my hope for any justice. I just know if I would hire an attorney from the beginning, my case would go completely different. I spent enormous amount of time on PACER and all WOM with attorneys already closed, but people who filed PerSe get stack. Anyway, I do not discourage anybody to fight for themselves, but imho in case of GC attorney is needed.
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I hope it is a good news for all of us...

whatsnamecheck said:
Has anyone else heard about this? According to a very reliable source, it's happening any day now that USCIS will take over the name check sometime in March 2007. I am not sure if this will speed things up or the same ol' same ol'...
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whatsnamecheck said:
Has anyone else heard about this? According to a very reliable source, it's happening any day now that USCIS will take over the name check sometime in March 2007. I am not sure if this will speed things up or the same ol' same ol'...
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Could you explain what do u mean by "take over". Thank you!
 
DUDE12190 said:
Hello Paz, Wenlock, and All!
I am going to file my 1447b next week. 1) Does anyone know the new list of USCIS District Dirctors. I have the old list, but director in my district has recently changed and not surprisingly, when I called the USCIS, they do not even know the name of the old director. I got it from the internet.

2) I was NOT interviwed in the main office of my district and District Director's office is in the main office. Should I include the Officer In-Charge(where I was interviwed) as a defendent. or just the District Director. I know I have to include DD as an defendent, but not sure about officer in charge.
Please reply! Tahnk you all
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I wouldn't worry too much about CIS director's name or address. In my case, I simply named the CIS office where I was interviewed as a defendant and everyone seemed taking that OK.
 
More then 90 Days

I wonder how many people here are waiting for more then 90 days after filling WOM or 1447(b) and name check still pending?
 
Finding a lawyer in Minnesota

I filed a Pro Se law suit against CIS, FBI, DHS, etc. in Sept. 2006 (District of Minnesota), got a Motion to Dismiss or Remand from the Defendants on January 26, 2007 (after granting them a 30-day extension of the deadline), filed a Memo in opposition to the MOD on February 22, 2007, and I'm now expecting a court hearing on the MOD on March 28, 2007. The AUSA told me he will not write any reply to my Opposition before the hearing.

I have spent lots of time and energy in learning about the relevant laws, regulations, and previous cases. The information and resources provided by members in this forum (particularly Paz) have been extremely helpful. I'm confident that the law is on my side, particularly because of an earlier success in a case filed in the same District Court of Minnesota (Mohamed v. Frazier), in which the Defendants withdrew their argument in the MOD and conceded that the Court has jurisdiction over the matter under 1447(b). The Court denied the Defendants' MOD, granted the Plaintiff's Motion for Summary Judgment, and further ordered the case to be remanded to USCIS, with instructions to resolve the Plaintiff's naturalization request within 30 days from the date of the order.

That said, I don't want to screw up at the Court hearing on March 28. I'm not confident enough to confront the judge or the AUSA because I'm not an expert in immigration laws. So I'm thinking about hiring a good lawyer to represent me. My questions are:

(1) Does anyone know the price in a case similar to mine?

(2) How do I find a good lawyer in Minnesota?

I called the lawyer who represented Mr. Mohamed, and he is willing to go to the Court hearing with me if I hire him. He charges $7500. Is this a reasonable price (given that he has won the case in Mohamed v. Frazier)? Does anyone know a good lawyer who may charge less or should I go for him?

Any help will be appreciated.

Z
 
Does any one know what is a ISIS?

netrin said:
Hi All,

I filed a WOM last Oct to sue the US agencies for delaying my I485 application. The US attorney required two extensions to respond to my complaint and I did not object to her request. Recently she filed a memorandum on motion to dismiss and her arguments are definitely unconvincing. Right now I just wanted to fight back.

I did the lawsuit by myself. I don't know if there is a place I can obtain legal framework to argue against some generic issues raised by US attorney. Thanks a lot.

My name check by FBI seems completed in Jan 2007. USICS started the ISIS check, another background and security check on the day when the US attorney filed a mition to dismiss.
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Does any one know what is a ISIS? Never heard of that term at all. It seems that USCIS and the USA are working really hard together.
 
zl2007 said:
I filed a Pro Se law suit against CIS, FBI, DHS, etc. in Sept. 2006 (District of Minnesota), got a Motion to Dismiss or Remand from the Defendants on January 26, 2007 (after granting them a 30-day extension of the deadline), filed a Memo ........Z
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Did you try the oh law firm http://www.immigration-law.com?
I don't have any personal experience with them. Its not a recommendation, Just a pointer.

Good luck !
 
786riz said:
Hi akram,
You can find about the judge assigned to your case by going onto pacer and checking his ruling on 890 cases. In any way, who is judge do not make difference any more, be ready to fight till the end.
You can find out about the AUSA assigned to your case by calling the AUSA office and talking to civil process clerk. In my case AUSA was assigned just next day of serving summons to AUSA office but different districts are different.
Good luck
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Thanks 786riz, I will call in couple of days to ask about the AUSA assigned on my case.
 
P400A said:
Did you send your original court stamped summons along with the "Certificate of Service".
I sent copies not originals

Did you sign as the executor of the service on the "Certificate of service".
I put my name as server

USPS green sheet copies? Is this the Certified Mail receipt that USPS provides or
the green acknowledgement card that you get back from the receiver signed?
the certified mail receipt with the tracking number. and not the green ack card

Is it enough
to provide just the tracking results from the USPS website or a physical signed
green acknowledgement card is necessary?
I don't know I'll let you know if the court will object

Is it okay to print the certificate of service as page 2 on the back of page 1 of
summons or did you print it out as a separate page.
I only sent the second page

While filing at court are you required to print individual copies of the complaint (1 for each defendant)
and get it stamped or just one and then make copies from the one stamped copy?
you don't need to have all copies with you when you file your complaint, you can just make copies once you get the original one stamped. I did bring the defendant copies and they stamped them for me but I ended up sending the copy of the stamped one(with case number) I got back from court

Please clarify, I am planning to file 1447(b) in NJ as well?

Thanks.
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my comments in red
 
FBI needs more manpower

whatsnamecheck said:
it's from a reliable source but if you call USCIS and ask, the customer service is probably clueless.

I view this as neither positive nor negative. It's like opening another check-out counter, who gets to be there first? the stalled cases or the newly arrived applications? Who knows.
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Doesn’t really matter which government agency is doing the name check, I unfortunately guess it is here to stay. Somebody had started it after 9/11, and no political party including Democrats will even consider easing it due to potential outcome of future terrorist events. Let’s face it nobody wants to get blamed of non-patriotism. Current and future name check victims somehow will be here on this board looking for solutions. Right now, there is a huge backlog because of the 1447s and WOMs suits, I do not think FBI has enough manpower to go over the files of ours. It feels like our files won’t be reviewed until we sue USCIS.

Only hope I personally have is that FBI hires more people to work on our cases. This issue has been addressed in the proposed fee increase reports by USCIS. Until then, we are stuck with this process, and somehow we should learn to postpone our plans depending on being a citizen.

God Bless Us and US.
 
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The end of my journey

After six months pending with the 1447b case, eventually I got my case approved and oath scheduled. I would like to thank this incrediable forum and all the valuable members who contribute a lot.

I filed in early September 06 and already had three extensions. Before that, I felt so desperate until last Friday, I received an email from the AUSA and a phone call from USCIS today, informing me the good news.

For those who filed and expedite request sent before 12/21, don't worry. I think FBI is working on the backlog of the expedite cases and since there're no more automatic expedites, your name check will be completed soon.

For those who filed later than 12/21. You'll have to fight and eventually the victory will be yours.

Good luck everybody! :)
 
Update on my case

Hi, all

I want to update you all on my case and so we may have more information to monitor the current weather in immigration lawsuits.

AUSA informed me today that USCIS sent my case for expedite name check (not sure whether it is due to the coming-up discovery plan). Therefore I agreed to stay my discovery plan until Judge make decision on the motion to dismiss.

I noticed too that it takes longer now to complete an expedite name check. Let's see what happens. Anyway knows how long it took for a recent expedite name check to complete?

MidOfFighting
 
Can anyone provide insight into my WOM case and motion to dismiss?

Hi All,

Today I first read this discussion board and have to say that it is such a great site to lear about the whole WOM process. Last week I received AUSA's motion to dismiss my I485 WOM lawsuit after two extensions. Here is the timeline.

1. March 2005 EB2/NIW I140 submitted and approved in Sept 05
2. Sept 05 submitted I485
3. WOM late Oct 2006
4. late Dec 2006 AUSA asked for the first extension
5. Late Jan 2007 AUSA asked for the second extension
6. Late Feb 2007 AUSA filed a motion to dismiss

In early Feb I received a letter from FBI saying that my name check was completed on Jan 10 2007 and the result was forwarded to USCIS. From the recent USCIS testimony document supporting the motion to dismiss, USCIS claimed that it received the name check results on Jan 10 2007. USCIS said that it started the IBIS check on Feb 22 at the day when the US attorney filed a motion to dismiss.

My question is that why USCIS did not process my application after the name check completition. I was told that IBIS check is fairly quick. Why no progress on my application since Jan 10 2007? It seems that USCIS asked FBI to do my name check in early Nov, a few days after I filed WOM. Now I have to renew my H1B visa which expires at the end of March 2007.

Below are the major reasons AUSA wanted to dismiss my case. can someone offer some insight into fighting back? I have only one week to respond to the MTD. Thanks so much.

"Plaintiff's suit should be dismissed pursuant to Rules 12(b)(1) and 12(b)(6). This court lacks subject matter jurisdiction to adjudicate Plaintiff's claim because congress has divested the courts of jurisdiction over suits, including this one, that seek judicial review of a variety of immigration decisions or actions committeed to agency discretion. See 8 U.S.C. & 1252(a)(2)(B)(ii). Even in the absence of this jurisdictional bar, the Court lacks subject matter jurisdiction over Plaintiff's mandamus claim because he cannot show that he has a clear right to immediate adjudication or that Defendant has a clear, ministerial duty to act within any particular time frame. Both are prerequisites to this court exercising jurisdication under 28 U.S.C. & 1361. The court is also precluded from reviewing Plaintiff's APA claim because APA exempts from judicial review actions that are committed to agency discretion by law. 5 U.S.C. & 701(a)(2). Finally, dismissal on the ground of mootness as against the FBI is appropriate, because the FBI portions of Plaintiff's investigation have been completed. Accordingly, Defendant respectfully requests dismissal of this action pursuant to Rules 12(b)(1) and 12(b)(6)."
 
Attached are three cases AUSA used to support her position. The MTD is quite long about 26 pages! I wish to get some help from people like PAZ and Wenlock. Thanks so much for this great web!



netrin said:
Hi All,

Today I first read this discussion board and have to say that it is such a great site to lear about the whole WOM process. Last week I received AUSA's motion to dismiss my I485 WOM lawsuit after two extensions. Here is the timeline.

1. March 2005 EB2/NIW I140 submitted and approved in Sept 05
2. Sept 05 submitted I485
3. WOM late Oct 2006
4. late Dec 2006 AUSA asked for the first extension
5. Late Jan 2007 AUSA asked for the second extension
6. Late Feb 2007 AUSA filed a motion to dismiss

In early Feb I received a letter from FBI saying that my name check was completed on Jan 10 2007 and the result was forwarded to USCIS. From the recent USCIS testimony document supporting the motion to dismiss, USCIS claimed that it received the name check results on Jan 10 2007. USCIS said that it started the IBIS check on Feb 22 at the day when the US attorney filed a motion to dismiss.

My question is that why USCIS did not process my application after the name check completition. I was told that IBIS check is fairly quick. Why no progress on my application since Jan 10 2007? It seems that USCIS asked FBI to do my name check in early Nov, a few days after I filed WOM. Now I have to renew my H1B visa which expires at the end of March 2007.

Below are the major reasons AUSA wanted to dismiss my case. can someone offer some insight into fighting back? I have only one week to respond to the MTD. Thanks so much.

"Plaintiff's suit should be dismissed pursuant to Rules 12(b)(1) and 12(b)(6). This court lacks subject matter jurisdiction to adjudicate Plaintiff's claim because congress has divested the courts of jurisdiction over suits, including this one, that seek judicial review of a variety of immigration decisions or actions committeed to agency discretion. See 8 U.S.C. & 1252(a)(2)(B)(ii). Even in the absence of this jurisdictional bar, the Court lacks subject matter jurisdiction over Plaintiff's mandamus claim because he cannot show that he has a clear right to immediate adjudication or that Defendant has a clear, ministerial duty to act within any particular time frame. Both are prerequisites to this court exercising jurisdication under 28 U.S.C. & 1361. The court is also precluded from reviewing Plaintiff's APA claim because APA exempts from judicial review actions that are committed to agency discretion by law. 5 U.S.C. & 701(a)(2). Finally, dismissal on the ground of mootness as against the FBI is appropriate, because the FBI portions of Plaintiff's investigation have been completed. Accordingly, Defendant respectfully requests dismissal of this action pursuant to Rules 12(b)(1) and 12(b)(6)."
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Tough situation out there

wenlock said:
I wonder how many people here are waiting for more then 90 days after filling WOM or 1447(b) and name check still pending?
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Hi wenlock,
My 1447b case is just 30 days old but I checked on the pacer and found that now it is taking more time. AUSA asking for more and more extensions and trying to take as much time they can. I also saw more folks are filing WoM and 1447b cases.
What is going on in your case, any progress?
Thank you.
 
RWDW said:
After six months pending with the 1447b case, eventually I got my case approved and oath scheduled. I would like to thank this incrediable forum and all the valuable members who contribute a lot.

I filed in early September 06 and already had three extensions. Before that, I felt so desperate until last Friday, I received an email from the AUSA and a phone call from USCIS today, informing me the good news.

For those who filed and expedite request sent before 12/21, don't worry. I think FBI is working on the backlog of the expedite cases and since there're no more automatic expedites, your name check will be completed soon.

For those who filed later than 12/21. You'll have to fight and eventually the victory will be yours.

Good luck everybody! :)
Click to expand...

Congratulations RWDW on your victory.
 
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