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

Deadline of Opposition to MTD???

In the Northern California Pro Se book, it says on page 53: "Civil Local Rules 7-3(a) and 7-4(b) require that opposition briefs must be served no later than twenty-one days (three weeks) before the hearing date."

I read a few times on this forum deadlines for opposition to MTD are 14~21 days (depending on local court rules) FROM receipt of MTD paper. The quoted Pro Se language above is definitely different.

AUSA proposed hearing for MTD to be June 15th, though the hearing date has not been agreed and finalized. Is this June 15th date the benchmark I should use to back date 3 weeks for my MTD opposition deadline?
Mingjing


sfbayarea said:
http://www.cand.uscourts.gov/CAND/FAQ.nsf/60126b66e42d004888256d4e007bce29/14de5a2dfcdaa08c88256ebc0054574f/$FILE/ProSeHandbook-Rev4-06a.pdf
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Why wait to suit till coming back

Why can't you file the law suit now with help of a lawyer? You don't have to wait till you come back phsyically, right?

shvili said:
I wish that we had a central newspaper journalist among us, who could make a thorough report how, hiding beyond big words like "national security" these sob-s deny naturalizations to soldiers like you. And I wish it was really broadcasted big time. And how some "bleeding-heart" politicians, while promoting naturalization to illegal immigrants, at the same time reply to our requests (like Sen Boxer did to mine) that we should just accept that matters of "national security" being above our personal plights and just "bend over and smile" and wait forever.
I know that some soldier was once mentioned in some article about nat-ns delays, but somehow it never connected and I never saw a big-time report about hypocricy of this situation:

the government trusts you enough to let risk your life to protect this country, but your natural-n is stalled meanwhile.

Bushmaster, please stay safe, come back and sue them when you return! I wish our little stories changed something meanwhile but I seriously doubt it. Stories like yours make me feel that when (and if) we win our cases and this situation is still the same we should really make a campaign to bring this stupidity to high enough levels and to generate politicians' attention.
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Mingjing said:
In the Northern California Pro Se book, it says on page 53: "Civil Local Rules 7-3(a) and 7-4(b) require that opposition briefs must be served no later than twenty-one days (three weeks) before the hearing date."

I read a few times on this forum deadlines for opposition to MTD are 14~21 days (depending on local court rules) FROM receipt of MTD paper. The quoted Pro Se language above is definitely different.

AUSA proposed hearing for MTD to be June 15th, though the hearing date has not been agreed and finalized. Is this June 15th date the benchmark I should use to back date 3 weeks for my MTD opposition deadline?
Mingjing
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It seems that local rules vary a lot. Here's what's in the local rules for W.D. of Washington:

"Any opposition papers shall be filed and served not later than the Monday before the noting date. If service is by mail, the opposition papers shall be mailed not later than the Friday preceding the noting date. Any reply papers shall be filed and served no later than the noting date."

So, there's a "noting date" (date noted for consideration/ruling by the court) that goes on the MTD document. That "noting date" determines the deadline for the opposition brief.

Each district court would have its own local rules. You'll need to find the local rules in your district court to determine your deadline. The best thing to do is to check with your AUSA and the court clerk to make sure that you got the deadline right.

Hope this helps.
 
My AUSA confirmed it is 3 weeks before the hearing date, although they picked the hearing date. However, my hearing date is 6 weeks from the date of their filing, so it worked both ways (3 weeks after receiving the MTD, or 3 weeks before the hearing date. i also heared people mentioning about 20 days. Probably safer to confirm with your AUSA.
 
district director or office-in-charge of sub-office?

Hi guys,

I live in Milwaukee county, Wisconsin. I am filing a complaint to the Eastern Wisconsin District Court against USCIS pursuant to Title 8 U.S.C 1447(b). Should I list the Director of the Chicago district of USCIS in the list of the defendants, or the Office-in-Charge of its Milwaukee sub-office, or both?

Thanks!
 
taohonger said:
Hi guys,

I live in Milwaukee county, Wisconsin. I am filing a complaint to the Eastern Wisconsin District Court against USCIS pursuant to Title 8 U.S.C 1447(b). Should I list the Director of the Chicago district of USCIS in the list of the defendants, or the Office-in-Charge of its Milwaukee sub-office, or both?

Thanks!
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List both Kate Leopold and the Chicago director, thats what my attorney did. Look for cases filed by these attroneys: Gennerman and Sesini in Pacer.
 
snorlax said:
That is exactly what I do not like about the press. You spill you soul to them – they take the info you give them – turn it inside out and use it for pushing their own agendas with little of no regard to the original case, often harming the originator in the process.

Citizen or not – you should probably stay focused on a single, high-priority task – coming back alive and in one piece. The rest should be of a secondary concern.

Do not let this naturalization ordeal to hamper your spirit and survival skills!

Best of luck to you,
snorlax
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Snorlax,
I agree with you about the press-somewhat. I also had negative experience with it. (How do they say-"journalism is the second oldest profession in the world"?;) ). However, I've seen some close-to miracle effects of an article on a bureaucratic systems before.

You see, I started to think of consequences of a newspaper coverage on this situation by a foreign English-speaking newspaper. (the reason-my daughter happens to be a news-editor of it.) Do you have any thoughts of a negative press coverage in a not too friendly country on this situation in our country? It may have a total zero effect, but this newspaper is read by some American academic/foreign policy staff...

If anyone has any thoughts on it, please share. Of course, Snorlax is right that a paper will suck your soul out of you and will twist a story to fit its own agenda. And I am not so sure at all I can push this topic (citizenship stalled on people, who are, among others, like Bushmaster, risk their lives for American causes). But if they take it and not twist it too much, what can be the outcome?

Bushmaster, do you have any thoughts?
 
shvili said:
Bushmaster, do you have any thoughts?
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I would indeed talk to such sources as you metioned. It is no problem, however, I still have to go through public affairs of the military before I do such thing, and they do scrutinize the story. The military don't really care if you have trouble becoming a citizen or not, their issue that you can not bring dishonor to uniform. Remember the Air Force Drill Instructor undressed to Playboy? I have talked to a military newspaper and a local newspaper. Military paper almost filtered out everything I said about the nonsense of these delays. Local paper used it to bolster patriotism.

I am going to use a source which objective enough to point out the stupidity of the bureaucractic obstacles even to those who are risking their lives, but also will not be ruled out by the military. For example just to explain what I mean, if I had hired ACLU to help me, I would never make a career in the military.

Though if you want, contact me about the paper your daughter works for. Even if it might be inappropriate for military, I can at least provide links to my situation and maybe you can pass the story on...
 
Mingjing said:
Why can't you file the law suit now with help of a lawyer? You don't have to wait till you come back phsyically, right?
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Yes, that is my plan at this moment. The lawyer would be taking care of everything, and of course my wife will have full POWER OF ATTORNEY in this matter, and she will be in touch with the lawyer. Once the case is resolved, the lawyer will make sure that the oath ceremony is scheduled in BAGHDAD.
 
Saarlaender said:
Michael, Paz, and other experts:

Hi Paz and other gurus ,

I received a note form my AUSA today reading:

Dr. W:

I communicated with Mr. K. on March 28, 2007, and he advised that Headquarters has yet to forward the background check. If there had been issues raised from your name check, Headquarters would be required to resolve them before the background check is sent to the field office for adjudication. Mr. K. has been instructed to contact me as soon as there has been an adjudication on your file.

Cordially,
R.R., AUSA

Does this mean that any case with derogatory items (a DUI w/o conviction e.g) will take longer time at the USCIS Headquarters? The name check at the the FBI head quarters was completed and my AUSA informed me on March 12,2007 that the file was on its way to USCIS Headquarters/General counsel for review? Is this another possible long delay or am I over the worst??

Thanks so much for your help!

Best

Dirk
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I had an INS arrest in 2001. I was suspected and interviewed by FBI, detained by INS, etc etc. My FBI name check results were forwarded to CIS HQ in DC on Dec 18th. When I called and talked to the officer in charge of my application in Atlanta on Feb 9th, they already had forwarded the results from HQ to Atlanta. I am glad that your AUSA indicated that HQ needs to resolve the issues before forwarding them to the field office, because that is a good thing. If the HQ doesn't think there is a problem and forwards it to the field office, then field office should not hold it any longer. All these are good evidence for my lawyer who will present the case to the federal judge. I wish I could get the judge rule on the case.
 
shvili said:
Bushmaster,
at least you had good experience with Republican senators. I hope your case gets resolved very soon, and you don't have to pay for an attorney. If they don't act on your application, which is of a higher priority than ours', what should we expect??? But again there is no logic (and never was) in bureaucratic agenicies, I keep forgetting...:(

Lotechguy gave you a really good advice, if you can follow it.

Good luck to you and stay out of harm's way in Iraq!
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It is best to pay for an attorney at this point. I am not paying yet though, I am waiting for the senator do his job until the end of April. Trust me, they don't see my military duty as high priority, if they had, it would have been done already. I have contacted 3 different congressional offices and all of them called the same person in Atlanta. And she bitched at me when I talked to this liaison why 3 different offices contacted her. She sounded frustrated, oh well, I am not frustrated?

You know, God knows I am innocent and deserved citizenship, and I have all the time even to fight a denial. I am fully aware that they hate the fact I am bugging them and it is very close they will be bugged by the AUSA soon. Then let them retaliate and deny my case, I will fight that too all the way.
 
Dear friends,

I plan to file WoM for my green card application. The name check of both me and my wife are pending. Should I list my wife as the Plaintiff also?
Thanks a lot.
 
I filed the lawsuit against USCIS over I-485 application on Jan 17th,
2007 and waited for 2 months for the answer from USCIS. I thought that
they will grant my green card easily. It is shocked to me------ The
answer from the US attorney office is that they asked the court to motion
to dismiss without granting me green card because of my case is delayed
by FBI background check, not their fault.

I have waited for 28months since I filed the I-485 application and it
is still pending.


Could you please do me a huge favor to tell me what I should do to fight with them until I win the case? My biggest question is how to file motion to extend and how to write a good oppostion to against their motion.

1. How long do I have to answer their motion to dismiss?
2. Do you have a model letter for motion to extend and model letter to write a good oppostion to against their motion.
3. If I file motion to extend, will court approve?
4. If I want to go to trial, what I should reply their motion to dismiss?
 
Responsibilities of HQ USCIS after Name Check

Bushmaster said:
I had an INS arrest in 2001. I was suspected and interviewed by FBI, detained by INS, etc etc. My FBI name check results were forwarded to CIS HQ in DC on Dec 18th. When I called and talked to the officer in charge of my application in Atlanta on Feb 9th, they already had forwarded the results from HQ to Atlanta. I am glad that your AUSA indicated that HQ needs to resolve the issues before forwarding them to the field office, because that is a good thing. If the HQ doesn't think there is a problem and forwards it to the field office, then field office should not hold it any longer. All these are good evidence for my lawyer who will present the case to the federal judge. I wish I could get the judge rule on the case.
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Dear Bushmaster,

thanks so so much. So if I understand this from your and other member;s input correctly after the name check is completed the file is sent to the HQ USCIS for review if
a, there is a lawsuit pending and/or
b. there is a derogatory item.
THe HQ then reviews and its findings are submitted to the field office who holds - according to my AUSA -the applicant's file for adjudication.
Now, my DUI arrest will come up as a derogatory item during the name check process. However, the finger printing by the FBI has revealed the info and during the interview the officer did not have a problem with it - in particular given that I was not convicted. So what is still enigmatic is how does the HQ USCIS review without the information in the applicant's file, i.e. that I indicated the arrest. Or is the HQ USCIS in DC simply comparing the name check results with the fingerprint outcome.
The role of the HQ is still enigmatic as the case itself is adjudicated by the field officer here in FL and not in DC. So what is there "review" and role????
Thanks so much for the input.

Best

D.
 
dxj2005 said:
Dear friends,

I plan to file WoM for my green card application. The name check of both me and my wife are pending. Should I list my wife as the Plaintiff also?
Thanks a lot.
Click to expand...

No, you cannot do that unless you hire a lawyer to do that for you. You can only represent yourself if you decide to do it on your own.
 
snglnd said:
I filed the lawsuit against USCIS over I-485 application on Jan 17th,
2007 and waited for 2 months for the answer from USCIS. I thought that
they will grant my green card easily. It is shocked to me------ The
answer from the US attorney office is that they asked the court to motion
to dismiss without granting me green card because of my case is delayed
by FBI background check, not their fault.

I have waited for 28months since I filed the I-485 application and it
is still pending.


Could you please do me a huge favor to tell me what I should do to fight with them until I win the case? My biggest question is how to file motion to extend and how to write a good oppostion to against their motion.

1. How long do I have to answer their motion to dismiss?
2. Do you have a model letter for motion to extend and model letter to write a good oppostion to against their motion.
3. If I file motion to extend, will court approve?
4. If I want to go to trial, what I should reply their motion to dismiss?
Click to expand...

1. Depends on court local rules, usually 10 days + 3-4 days if you received motion by mail
2. This is hard to do without seeing a motion and original complaint. They probably want to dismiss for lack of subject matter jurisdiction. A good way to fight it is to use 5 USC 555(b), 5 USC 702,704,706 and 28 USC 1331 to establish jurisdiction. That is, if you mentioned APA in your complaint.
3. Usually, yes
4. You do not have to reply, you can just wait and let judge to review motion, If judge agrees with their arguments, your case will be dismissed, if not - case will proceed.
It is better though to write an opposition to motion.
 
lazycis said:
Originally Posted by dxj2005
Dear friends,

I plan to file WoM for my green card application. The name check of both me and my wife are pending. Should I list my wife as the Plaintiff also?
Thanks a lot.
Click to expand...
---------


No, you cannot do that unless you hire a lawyer to do that for you. You can only represent yourself if you decide to do it on your own.
Click to expand...

That's not correct. There are plenty of cases in Pacer with two or more Pro Se plaintiffs. Just make sure that both of you sign any documents filed with the court or US Attorney's office.
 
infopass vs TSC

I just called the TSC asking for namecheck status, the representative checked my case, and said it is still pending as of today. Since I received 2nd FP recently, was hoping it was trigured by namecheck clearance. Do you think TSC has the most updated information on namechecks? Is it worthy to make an infopass appointment to confirm the namecheck?

I filed WOM in late Dec, 2006. Got MTD on March 19th.
 
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