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

[DUDE12190]

Hello everyone!

I have been following this thread for about a month. This is the first time I post. Thanks to you all for sharing your experience, your idea and your support to people like me who filed or will file a lawsuite against USCIS. I cannot thank you more!

I filed my case (WOM for I-485) on 3-21-2007. Just checked PACER and got the name of the Judge to whom my case was assigned. I did some research on him. I found:
1. He is a District Judge (kinda old)
2. There were only 3 cases of WOM or similar assigned to him from 2005 to 2007 including mine.
3. Both the other two cases got dismissed by Plaintiff within 2 months (I believe that means Plaintiff got what he asked for, right?) The most recent case was closed in mid. Jan 2007.

However, I also found some comments from some criminal defense lawyer. They said he is the WORST judge ever, crocky, demending to everyone.....

I am really concerned now. It is getter harder for WOM to win. More and more people will have to do the hearing. If this Judge is really not that friendly, who knows what's gonna happen.

Does anybody here have the same concern as what I have? What should I do? Is there any way to ask the Court to assign a different Judge to me?

Many thanks!!

I have same problem, but my judge in not as bad as yours. However, as you know, there are usually two judges, one is DJ and other is the MJ(Magistrate judge). MJ is like an Assitant to DJ, but, most the time, these M judges are more importnat than DJ because all the pre-trial things are done by them. So, let's hope that your case will be finished in the beginning and will not go to the discovery stage.

By the way, is your judge name is on that list on The Robing Room for the worst judge. But even if your judge is on that list, do not worry because remember, these lawsuits are very different than regular lawsuits. We are suing them in their offcial capacities.

Let me give u an example. One judge on that worst list on The Robing Room is from my district and I checked all of her 1447b cases and they got cleared. I believe it would be the same for immigration based WOM cases, but I did not check because mine is 1447b. I do not think that you can ask the court to change your judge, but even if they change the judge, the new judge could be worse than the one u have now.
So, like I am doing, I will just suggest you to just wait and see what happens since we do not have control over everything. Good luck to you, regards, dude.

 

[Mingjing]

How to search Pacer by Judge Name?

Luckybm,

How do you search in pacer all the WOM cases handled by a given judge? I tried but only way seems to be reading all cases one by one, costing bunch of $ and time. Please help explain.

I filed in mid. Jan WOM for I485. Pending 3 years and 5 months. Got MTD 2 days ago.

Thanks!
Mingjing

Hello everyone!

I have been following this thread for about a month. This is the first time I post. Thanks to you all for sharing your experience, your idea and your support to people like me who filed or will file a lawsuite against USCIS. I cannot thank you more!

I filed my case (WOM for I-485) on 3-21-2007. Just checked PACER and got the name of the Judge to whom my case was assigned. I did some research on him. I found:
1. He is a District Judge (kinda old)
2. There were only 3 cases of WOM or similar assigned to him from 2005 to 2007 including mine.
3. Both the other two cases got dismissed by Plaintiff within 2 months (I believe that means Plaintiff got what he asked for, right?) The most recent case was closed in mid. Jan 2007.

However, I also found some comments from some criminal defense lawyer. They said he is the WORST judge ever, crocky, demending to everyone.....

I am really concerned now. It is getter harder for WOM to win. More and more people will have to do the hearing. If this Judge is really not that friendly, who knows what's gonna happen.

Does anybody here have the same concern as what I have? What should I do? Is there any way to ask the Court to assign a different Judge to me?

Many thanks!!

 

[luckyybm]

Thanks, Dude.

Unfortunately, he is one of the WORST judge on The Robing Room. Too bad, too bad....

I don't think there is a MJ assigned to me because I only see the DJ's name on it.

I just wrote a letter to the person who had the same Judge and her case got dismissed by herself in Jan. I hope she wouldn't mind sharing her experience with me.

Good luck to me.

 

[hopeforall2]

What indication will that give , when the AUSA doesn't submit his(r) answer by the deadline set by the court? ( 60 days time line ).

Still no answer filed by the AUSA to my lawsuit.

Your experience and thoughts please.

Thank you.

 

[luckyybm]

Luckybm,

How do you search in pacer all the WOM cases handled by a given judge? I tried but only way seems to be reading all cases one by one, costing bunch of $ and time. Please help explain.

I filed in mid. Jan WOM for I485. Pending 3 years and 5 months. Got MTD 2 days ago.

Thanks!
Mingjing

Hi Mingjing,

I used the case number. I will give you an example.
The case number you got on the complaint might be somehting like:
CV## ####-J(CRMx)
However, when you search PACER, you will find your case number is something like:
07:##-####-J-CRM
where J is the initial of the Judge's last name, C is the initial of the Judge's first name. All cases from this Judge should have the same J-CRM

What you should do now on PACER is --get all WOM cases and use Ctrl+F to search "J-CRM" on the page.

Good luck.

 

[sambocico2]

Hi friends,

After some research on PACER, I have noticed that most (or at least many) cases naming USCIS as a defendant filed between Jan and March do not have AUSAs assigned to represent the defendants. This is true for both pro se and attorney-represented cases. The central district of CA has 3 divisions: Western, Southern, and Eastern. The western division is where this pattern is observed.

In cases for which proof of service has been received by the court and is reflected on PACER, the messages say "... service upon US attorney addressed to Civil Process Clerk executed on ...," while in the Southern division they usually state the AUSA's name.

Can anyone from my district court confirm this? Does anyone have any insight?

I have the same situation. I filed my case on 2/6/07 and till now no AUSA has been assigned to the case. I have a lazy attorney who said he is going to file for a motion to have CIS process and finish my I-485. Any one with similar case, please share with us your experience.

 

[Mingjing]

ADR and others

I just happend to read a court document on my case right around when I filed suit by lawyer.

"...this action is assigned to the Alternative Disput Resolution (ADR) Multi-Option Prgram governed by ADR Local Rule 3. Counsel and clients shall familiarize themselves with that rule and with the handbook entitled "Dispute Resolution Procedures in the Northern District of California".

This is then followed by "CASE SCHEDULE - ADR MULTI-OPTION PROGRAM" table, including dates to file Case Management Statement and for Case Management Conference.

In MTD I got two days ago, it starts with "PLEASE TAKE NOTICE that on Month/day/2007, at 10:00am ... the defendants ... will bring for hearing a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and (6). "

Questions:
1. Will the original ADR process mean anything?

2. Given the MTD, do I still go through the ADR (e.g. case management statement/conference) etc.?

3. What is this hearing a motion to dismiss is about? It is not an order by judge, but stated by defendants in their MTD. May judge dismiss the case without any notice prior to that date? May judge dismiss even before I oppose MTD (i.e. within coming 21 days from I recieve MTD)?

Thanks,
Mingjing

 

[Mingjing]

What am I doing wrong

Luckybm,

My search result does not show "J-CRM" portion you described. Here are examples of my search result - I can only see "5:2007cv00048", but no letters after "...00048". What did I do wrong?

Name Court Case No. Filed NOS Closed
1 CHERTOFF, MICHAEL candce 5:2007cv00048 01/04/2007 890
Fahmi v. Still
2 CHERTOFF, MICHAEL candce 3:2007cv00064 01/05/2007 890
Medikonduru v. Chertoff
3 CHERTOFF, MICHAEL candce 5:2007cv00072 01/05/2007 890
Kim v. Mueller

Hi Mingjing,

I used the case number. I will give you an example.
The case number you got on the complaint might be somehting like:
CV## ####-J(CRMx)
However, when you search PACER, you will find your case number is something like:
07:##-####-J-CRM
where J is the initial of the Judge's last name, C is the initial of the Judge's first name. All cases from this Judge should have the same J-CRM

What you should do now on PACER is --get all WOM cases and use Ctrl+F to search "J-CRM" on the page.

Good luck.

 

[shvili]

Does anybody know how long it takes to get an answer from the Congressman about FBI name check status? I mean the most recently. I submitted my request to my Congressman 5 weeks ago, she faxed it to the FBI, but no respone yet. Has anybody received a responce recently. Somebody told me 45 days, the other person said 2 months, so I don't know who is right.

Any help is appreciated.

Tarakan,

2 years ago it took about 6 weeks for Congresswoman Loefgren, (CA) to send me an answer from the FBI (that the nc was still pending). You should probably get it soon but give it another three wks.

Probably, still the same nowadays.

 

[paz1960]

Luckybm,

My search result does not show "J-CRM" portion you described. Here are examples of my search result - I can only see "5:2007cv00048", but no letters after "...00048". What did I do wrong?

Name Court Case No. Filed NOS Closed
1 CHERTOFF, MICHAEL candce 5:2007cv00048 01/04/2007 890
Fahmi v. Still
2 CHERTOFF, MICHAEL candce 3:2007cv00064 01/05/2007 890
Medikonduru v. Chertoff
3 CHERTOFF, MICHAEL candce 5:2007cv00072 01/05/2007 890
Kim v. Mueller

Not all districts list the initials of the assigned judge to a particular case in the case number. Apparently, your district doesn't and I don't know how can you seach more effectively for a particular judge without going through the individual cases. But I wouldn't worry too much about the judge. You can't change this anyway, so it's like worrying about the weather. You can't control that either. Just keep preparing yourself reading as many cases as you can and belive in yourself and in your cause. You ultimately will prevail if you are well prepared because the law is on your side.
Good luck!

 

[luckyybm]

Not all districts list the initials of the assigned judge to a particular case in the case number. Apparently, your district doesn't and I don't know how can you seach more effectively for a particular judge without going through the individual cases. But I wouldn't worry too much about the judge. You can't change this anyway, so it's like worrying about the weather. You can't control that either. Just keep preparing yourself reading as many cases as you can and belive in yourself and in your cause. You ultimately will prevail if you are well prepared because the law is on your side.
Good luck!

Thank you, Paz. I just registered PACER today. I saw Judge's initials in the case number but I didn't realize that it might not be the case for other districts.

Paz, you had a really good point. Since I cannot change the Judge, all I have to do is get myself prepared and prepared very well.

 

[nifty97]

my case was dismiss--on march 22, 2007

my case was dismiss for the lack of jurisdiction, i want to appeal, 1447(b) for the reasons set forth by the defendants that plaintiff has not satisfied the jurisdictional prerequisties of section 1447(b)

please anyone has a respond to appeal the case. please let me know. i want to appeal my case.

rk

 

[wenlock]

my case was dismiss for the lack of jurisdiction, i want to appeal, 1447(b) for the reasons set forth by the defendants that plaintiff has not satisfied the jurisdictional prerequisties of section 1447(b)

please anyone has a respond to appeal the case. please let me know. i want to appeal my case.

rk

What is your case number and also post your Motion to Dismiss response. Did just ruled at hearing or with out you entering opposition to Motion to dismiss.

 

[nifty97]

my case was dismiss--because of lack of jurisdication

my case was dismiss for the lack of jurisdiction,the judge said that for the reasons set forth by the defendants that plaintiff has not satisfied the jurisdictional prerequisties of section 1447(b)

second reasons, the examination is "entire process" and not "single event"

Third reasons, Nith circuit court has not explicitly addressed "interview" is synonymous with "examination" mentioned in Section 1447(b)

Third reasons, the court finds that it lacks jurisdiction. for the reasons set fourth in "Danilov" case is most persuasive. the defendants motion for lack of subject matter jurisidiction is therefore granted.

Fourht reasons, the court finds insufficient legal grounds to grant leave to amend and therefore denies plaintiff's request.

this is what happened to my case. now my next battle is to file an appeal. because i feel judge is making mistake, especial it is the same court rule on hosvspenis case, 9th circut court. in california, los Angles.

i want to appeal and try my best, so if anyone who can find me some case from california, about jurisdictions. and interview arguement and please post it and let me know or you can email me at rayk@mybloo.com

i will appreciate. thanks. and good luck to all who are in the same situation.

rk

 

[nifty97]

my case was dismiss--

my case was dismiss, due to the lack of jurisdiction. i reside in california, 9th circut court, i need help to find cases in 9th court that state they have jurisdictions.

i need cases that the court in 9th circurt court have remanded the case with instructions.

i need cases that the court in 9th circut court have determine interview is single event or 120 day satart running after the initial interview.

if someone can find these case i will have a chance to convince the court to listen to my case again. and recosider

i do not have much time i have less than 30 days, the deadline is Aprial 27
so please i need help from all of you guys.

thanks.

 

[DUDE12190]

Luckybm,

How do you search in pacer all the WOM cases handled by a given judge? I tried but only way seems to be reading all cases one by one, costing bunch of $ and time. Please help explain.

I filed in mid. Jan WOM for I485. Pending 3 years and 5 months. Got MTD 2 days ago.

Thanks!
Mingjing

Luckybm, Go to this site http://dockets.justia.com/ and choose your district and for case type, choose OTHER STATUAREY ACTION, and then before u open anything you will be able to see all the cases that are assigned to your judge. You will need to search, but it is not going to alot of time and you will not have to pay anything. Then, when u find a case taht u wanna read, it will bring u to the Pacers login Page. Hope it will help. Let me know if u have any problem. good luck

http://dockets.justia.com/

 

[DUDE12190]

Thanks, Dude.

Unfortunately, he is one of the WORST judge on The Robing Room. Too bad, too bad....

I don't think there is a MJ assigned to me because I only see the DJ's name on it.

I just wrote a letter to the person who had the same Judge and her case got dismissed by herself in Jan. I hope she wouldn't mind sharing her experience with me.

Good luck to me.

Have you seen your entire docket? Go to that site and open your whole docket report. Only then, u will be able to see if there is MJ assinged to your case or only the one you got. Are there no MJ in your district??

 

[DUDE12190]

Not all districts list the initials of the assigned judge to a particular case in the case number. Apparently, your district doesn't and I don't know how can you seach more effectively for a particular judge without going through the individual cases. But I wouldn't worry too much about the judge. You can't change this anyway, so it's like worrying about the weather. You can't control that either. Just keep preparing yourself reading as many cases as you can and belive in yourself and in your cause. You ultimately will prevail if you are well prepared because the law is on your side.
Good luck!

Mingjing, try this site in order to search by judge. It is quick. http://dockets.justia.com/

 

[Dubu]

Nifty97's Dismissal

Please help this guy. This is what he is dealing with. A Central CA Judge dismissed his 1447 suit.

 

[DUDE12190]

Just wait!

my case was dismiss, due to the lack of jurisdiction. i reside in california, 9th circut court, i need help to find cases in 9th court that state they have jurisdictions.

i need cases that the court in 9th circurt court have remanded the case with instructions.

i need cases that the court in 9th circut court have determine interview is single event or 120 day satart running after the initial interview.

if someone can find these case i will have a chance to convince the court to listen to my case again. and recosider

i do not have much time i have less than 30 days, the deadline is Aprial 27
so please i need help from all of you guys.

thanks.

I have send a PM to Paz because I wanna post a very important document for you. As soon as I get his reply, I will post it or he will post it or email to you. Just bear with me. we will help you as much as we can. Don't give up. Actually, I am not sure if Paz has posted that doct here before , and I don't wanna break his privacy. Good luck!