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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Discovery
I am looking for any examples documents that you ask in Discovery to AUSA.
I am planning to ask following things but let me know if I am missing some thing.
A-File
Name of Adjudicator and last action taken on my file by adjudicator.
If application is withhold under 8 CFR 103.2(18) then dates of District Director and Regional Director reviewing my file and authorizing withholding due to pending name check.
Reason for FBI indics hit
Name of FBI agent performing name check.
Last action taken on the file and date of action.
Sworn testimonies from above officals.
Let me know if I am missing some thing. I am planning to get court order if FBI tried to resist discovery process.
I am looking for any examples documents that you ask in Discovery to AUSA.
I am planning to ask following things but let me know if I am missing some thing.
A-File
Name of Adjudicator and last action taken on my file by adjudicator.
If application is withhold under 8 CFR 103.2(18) then dates of District Director and Regional Director reviewing my file and authorizing withholding due to pending name check.
Reason for FBI indics hit
Name of FBI agent performing name check.
Last action taken on the file and date of action.
Sworn testimonies from above officals.
Let me know if I am missing some thing. I am planning to get court order if FBI tried to resist discovery process.
I am looking for any examples documents that you ask in Discovery to AUSA.
I am planning to ask following things but let me know if I am missing some thing.
A-File
Name of Adjudicator and last action taken on my file by adjudicator.
If application is withhold under 8 CFR 103.2(18) then dates of District Director and Regional Director reviewing my file and authorizing withholding due to pending name check.
Reason for FBI indics hit
Name of FBI agent performing name check.
Last action taken on the file and date of action.
Sworn testimonies from above officals.
Let me know if I am missing some thing. I am planning to get court order if FBI tried to resist discovery process.
I would focus more on FBI:
1. results of your name check against "main" files
2. results of your name check against "reference files"
3. full history of processing your name check including dates and actions taken
Maybe also ask for a name check request format from USCIS (what exactly they sent to FBI: name, DOB, country of origin, etc.) to make sure there is no basis for bias. Ask FBI to explain how they use additional info. It supposed to be just a name check.
I checked at Pacer, but the deadline for responding to MTD is not mentioned. It does mention "Hearing" data is June 15th. I am wandering why the deadline for opposing MTD is not listed?
When you pull your case in Pacer, click on Deadlines/Hearings and you should see them. If you do not see them, do not be afraid to call clerk of court to find out the deadline. It's better to be sure than miss it. I found out that court's personnel is very friendly, but it may be just my court.
Following is current timeline for my case. I have a lawyer helping me.
4/13/07 To file Joint Case Management Statement
4/19/07 ADR Phone Conference
4/20/07 Initial Case Management conference (CMC)
6/15/07 Hearing
Questions:
1. Is ADR Phone Conference an event of significance? What do I want to accomplish out of this? Do plaintiffs usually get involved in this, or just my lawyer will be sufficient?
Note: the description of ADR seems to be interesting (see bottom of my writing), but I don't know we can expect so much from ADR?
2. Initial Case Managment Conference is the next day. What do I expect to accomplish from this case management conference that is incremental to ADR phone conference?
About ADR Phone Conference:
"Purpose
The purpose of the conference is to help the parties select or design an ADR
process most likely to benefit the particular case. The court offers the following ADR options:
< Arbitration (non-binding or binding)
< Early Neutral Evaluation (ENE)
< Mediation
In only a limited number of cases that would most benefit from the option, the court also offers an Early Settlement Conference with a Magistrate Judge. If this is the option you prefer, during the ADR phone conference you will discuss your reasons for this preference and consider whether a different ADR process may be better suited for this case. If, after the ADR phone conference, you still prefer the option of an Early Settlement Conference with a Magistrate Judge, the ADR legal staff may make a recommendation to the judge regarding the case’s suitability for this option. The assigned judge will then decide whether to refer the case to an Early Settlement Conference with a Magistrate Judge.
Additionally, with the court's approval, you may substitute a private ADR
procedure for a court program."
4/13/07 To file Joint Case Management Statement
4/19/07 ADR Phone Conference
4/20/07 Initial Case Management conference (CMC)
6/15/07 Hearing
Questions:
1. Is ADR Phone Conference an event of significance? What do I want to accomplish out of this? Do plaintiffs usually get involved in this, or just my lawyer will be sufficient?
Note: the description of ADR seems to be interesting (see bottom of my writing), but I don't know we can expect so much from ADR?
2. Initial Case Managment Conference is the next day. What do I expect to accomplish from this case management conference that is incremental to ADR phone conference?
About ADR Phone Conference:
"Purpose
The purpose of the conference is to help the parties select or design an ADR
process most likely to benefit the particular case. The court offers the following ADR options:
< Arbitration (non-binding or binding)
< Early Neutral Evaluation (ENE)
< Mediation
In only a limited number of cases that would most benefit from the option, the court also offers an Early Settlement Conference with a Magistrate Judge. If this is the option you prefer, during the ADR phone conference you will discuss your reasons for this preference and consider whether a different ADR process may be better suited for this case. If, after the ADR phone conference, you still prefer the option of an Early Settlement Conference with a Magistrate Judge, the ADR legal staff may make a recommendation to the judge regarding the case’s suitability for this option. The assigned judge will then decide whether to refer the case to an Early Settlement Conference with a Magistrate Judge.
Additionally, with the court's approval, you may substitute a private ADR
procedure for a court program."
Please Reply!
hello to all!
Please answer this question for me. I will be very thankful. I know that AUSA can respond in three ways to my 1447b complaint
1)MTD
2)Extension
3) Answer
For MTD, I will need to file a opposition and for Extension, I will have to wait. I also know that in most cases, if AUSA just files an answer, juduge usually calls for a conference. Also, if AUSA files an answer, you can not write anything in response as far as I remember from this forum.
Now, the question is that Is there anything I can do if AUSA files an answer?? I mean can i response to that answer in anyway?? I am asking this because in my district, I am not seeing many MTDs but just answres. Please repy! Good luck to all!!!
here is an update on my case
March 2007, 1447b filed
I filed Proof of service with the court last week and the answer is due at the end of May
hello to all!
Please answer this question for me. I will be very thankful. I know that AUSA can respond in three ways to my 1447b complaint
1)MTD
2)Extension
3) Answer
For MTD, I will need to file a opposition and for Extension, I will have to wait. I also know that in most cases, if AUSA just files an answer, juduge usually calls for a conference. Also, if AUSA files an answer, you can not write anything in response as far as I remember from this forum.
Now, the question is that Is there anything I can do if AUSA files an answer?? I mean can i response to that answer in anyway?? I am asking this because in my district, I am not seeing many MTDs but just answres. Please repy! Good luck to all!!!
here is an update on my case
March 2007, 1447b filed
I filed Proof of service with the court last week and the answer is due at the end of May
I checked at Pacer, but the deadline for responding to MTD is not mentioned. It does mention "Hearing" data is June 15th. I am wandering why the deadline for opposing MTD is not listed?
Very likely that the time you have to oppose a motion is regulated by the Local Court Rules. Did you check that?
hello to all!
Please answer this question for me. I will be very thankful. I know that AUSA can respond in three ways to my 1447b complaint
1)MTD
2)Extension
3) Answer
For MTD, I will need to file a opposition and for Extension, I will have to wait. I also know that in most cases, if AUSA just files an answer, juduge usually calls for a conference. Also, if AUSA files an answer, you can not write anything in response as far as I remember from this forum.
Now, the question is that Is there anything I can do if AUSA files an answer?? I mean can i response to that answer in anyway?? I am asking this because in my district, I am not seeing many MTDs but just answres. Please repy! Good luck to all!!!
here is an update on my case
March 2007, 1447b filed
I filed Proof of service with the court last week and the answer is due at the end of May
If there is no factual dispute between the parties, you can file a Motion for Summary Judgement.
Summary Judgement
Here is important thing that I learned from Pro Se guide that I over looked last time. Make sure you attach all evidence that you used as part of Complaint again as part of brief for summary judgement. I thought for summaru judgement Judge includes complaint facts but it looks like it might not be true so it is better to include every thing again as part of your summary judgement.
The court considers only the admissible evidence provided by the parties for or against
the motion for summary judgment. The Court does not have to search for other evidence that
may have been provided by you at some other point in the case. The court also does not have to
look at any evidence that is not mentioned in your briefs. Therefore, you should file copies of all
evidence that you want the court to consider when it decides a motion for summary judgment,
and refer to it in your papers. Even if you have already filed the same evidence with the court in
another matter, you must file it with your summary judgment motion (or opposition to summary
judgment) as well. In addition, when you cite to a document, you should point the court to the
exact page and line of the document where the court will find the information that you think is
important. You should remember that by making it easier for the court to find this material, you
are ensuring that this material receives the fullest consideration available.
Here is important thing that I learned from Pro Se guide that I over looked last time. Make sure you attach all evidence that you used as part of Complaint again as part of brief for summary judgement. I thought for summaru judgement Judge includes complaint facts but it looks like it might not be true so it is better to include every thing again as part of your summary judgement.
The court considers only the admissible evidence provided by the parties for or against
the motion for summary judgment. The Court does not have to search for other evidence that
may have been provided by you at some other point in the case. The court also does not have to
look at any evidence that is not mentioned in your briefs. Therefore, you should file copies of all
evidence that you want the court to consider when it decides a motion for summary judgment,
and refer to it in your papers. Even if you have already filed the same evidence with the court in
another matter, you must file it with your summary judgment motion (or opposition to summary
judgment) as well. In addition, when you cite to a document, you should point the court to the
exact page and line of the document where the court will find the information that you think is
important. You should remember that by making it easier for the court to find this material, you
are ensuring that this material receives the fullest consideration available.
i am having a very hard time finding the address of ANDREA QUARANTILLO, Director of USCIS in Newark, NJ ...
also anyone has the address of Alberto Gonzales, United States Attorney General
ALBERTO GONZALES
Attorney General
U. S. Department of Justice
950 Pennsylvania Ave, NW
Washington, DC 20530-0001
Andrea J. Quarantillo
District Director
USCIS Newark District Office
970 Broad Street
Newark, NJ 07102
parsfalcon
Registered Users (C)
I went to file my opposition to MTD today in central district of california and I was turned back since my memorandum had 34 pages and the limit is 25 pages. I used Paz's memorandum which is great as my template. Now, I have to figutre out how to condense it to 25 pages. By the way, they asked for proof of service for the memorandum. so, the proceedure is to send the memorandum to defendants and AUSA with registered US mail (tracking number is very useful) then attach the proof to the end of memorandum at the time you turn it in to court clerk.
Does anyone have a condensed version of Paz's opposition or any other opposition with fewer than 25 pages? I appreciate it if you could email it to me at: aamirich@yahoo.com
Does anyone have a condensed version of Paz's opposition or any other opposition with fewer than 25 pages? I appreciate it if you could email it to me at: aamirich@yahoo.com
if anyone is interested in Mohamed's case documents, I've downloaded them all from PACER and can zip and email it. There were too many pages. Please send me a private message with your email address. Thanks.
parsfalcon
i am having a very hard time finding the address of ANDREA QUARANTILLO, Director of USCIS in Newark, NJ ...
also anyone has the address of Alberto Gonzales, United States Attorney General
Alberto R. Gonzales
United States Attorney General
US Department of Justice
950 Pennsylvania Ave. NW
Washington, DC 20530-0001
I got the Green cards back. This address is good.
I believe the District director of NJ has been changed because ANDREA QUARANTILLO is the DD of New York district now. Call your local CIS office in NJ and they should be able to tell you who the Director is. Good luck to you!! regards, dude
ncblackhole
Registered Users (C)
I am not posting this message to encourage Pro Se. Instead, hiring a *good* attorney really has its unique advantage. At least, AUSA will pay more attention to your case, because they know if they lose their MTD, they will be in a danger of paying your legal fee if they didn't resolve your case ASAP.
Also, it is so easy to make some fatal mistake if you didn't present your case properly in the OPP.
I choose to go with Pro Se for the following reasons:
(1) I already has a legal status, which allows me to work and live in US without limitation. (However, I do need GC for other critical benefits. )
(2) I begin to see my case is moving, and I got my second FP last week.
(3) I have been waiting for over 3.5 years, and waiting has become part of my life. :-(
(4) I don't trust attorneys in general because of my previous bad experience with them. They are not working as hard on my case as I did.
However, I do think, if you cannot devote a lot of time on your case, for the benefit of yourself and others, please do hire a laywer, and the earlier the better.
United, since you have already prepared the motion .. do you mind sharing it on the forum. I think there are many here who are doing the same thing.. even if you don't want to share the whole thing.. can you just tell which AOS cases you have cited in yout opposition. Cases which you think are strong to oppose AUSA's rather standard arguments in AOS WOM cases.
Thanks
Check your local rule book or ask clerk! My deadline is 18days.
Check your local rule book or ask clerk! My deadline is 18days.
I checked at Pacer, but the deadline for responding to MTD is not mentioned. It does mention "Hearing" data is June 15th. I am wandering why the deadline for opposing MTD is not listed?
Check your local rule book or ask clerk! My deadline is 18days.
Do you really think that "an additional FPs appointment was a sign for the NC clearance"? I got second FP done in Feb. 2007. It was because that I filed wom and I got second FP notice one week after I filed the complaint. Moreover, I did not get any information about my NC clearance. my first FP was expried for 5 months.Hiram,
don't waste your time on InfoPass. As soon as your NC will be cleared, you will receive an appointment notice for the second fingerprints.
I remember that somebody else posted the info indicating that an additional FPs appointment was a sign for the NC clearage.
Hiram,
don't waste your time on InfoPass. As soon as your NC will be cleared, you will receive an appointment notice for the second fingerprints.
I remember that somebody else posted the info indicating that an additional FPs appointment was a sign for the NC clearage.
Do you really believe that "an additional FPs appointment was a sign for the NC clearance"?! I got second FP done in Feb. 2007. It was because that I filed wom and I got second FP notice one week after I filed the complaint. Moreover, I did not get any information about my NC clearance. my first FP was expried for 5 months before I filed the case.
I have similar status
Following is current timeline for my case. I have a lawyer helping me.
4/13/07 To file Joint Case Management Statement
4/19/07 ADR Phone Conference
4/20/07 Initial Case Management conference (CMC)
6/15/07 Hearing
I have similar status with Mingjing except that I am prose. Filed wom January, got answer 60 days later, then AUSA filed Notice of need for ADR phone conference, ADR unit send me time for phone conference: 4/16/2007. I am planning to choose for Early Settlement Conference with a Magistrate Judge since this is also recommended in ADR handbook for pro se. Any suggestions? What am I expecting from here?
I am not posting this message to encourage Pro Se. Instead, hiring a *good* attorney really has its unique advantage. At least, AUSA will pay more attention to your case, because they know if they lose their MTD, they will be in a danger of paying your legal fee if they didn't resolve your case ASAP.
Also, it is so easy to make some fatal mistake if you didn't present your case properly in the OPP.
I choose to go with Pro Se for the following reasons:
(1) I already has a legal status, which allows me to work and live in US without limitation. (However, I do need GC for other critical benefits. )
(2) I begin to see my case is moving, and I got my second FP last week.
(3) I have been waiting for over 3.5 years, and waiting has become part of my life. :-(
(4) I don't trust attorneys in general because of my previous bad experience with them. They are not working as hard on my case as I did.
However, I do think, if you cannot devote a lot of time on your case, for the benefit of yourself and others, please do hire a laywer, and the earlier the better.
Hi, united2007:
Thank you for your email. What you have experienced is what I am doing now. Just I am trying to find time and trying to find a relatively short cut. My status is very similar to yours. I just got my 2nd FP and MTD. i-485 has been pending for 3 years. I am reading whenver I have time, but with working and taking care of a 2-year-old, this is really not easy. I talked to lawyer today, who said " you usually won't win, but the lawsuit would make USCIS to start to work on your case." which is discouraging, but I still want to win the case. I wonder if you can share your opposition to MTD with us. I know that I still need to read and study carefully, maybe with the most recent example, it will save me some time.
Thanks a lot! it is totally understandable if you don't want to.