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

[41906]

According to the local rules, your initial OPP deadline is 14 days before the date proposed by your MTD, which gives you at least 10 days to prepare for your OPP, because MTD is request to be filed at least 24 days before the proposed date. Normally you got more than 10 days due to some other reasons. You can extend your deadline for about two extra weeks automatically by filing an extension request.

All of the details are in the local rules.

Hi, I am also in NJ. I got my MTD on 4/9/07, deadline to response is 4/30/07, and paper motion hearing is 5/14/07.

41906

 

[lazycis]

Hi, Paz and other WOMers:

I filed I485 WOM Pro Se. However, I made a mistake in the prayers: asking an approval from the USCIS. Now, I received a MTD from AUSA. What should I do?
- Is it better to file a motion of amendment to correct the mistake, then file an opposition for the MTD?

Any suggustions?

Thanks,

File a motion for leave to amend first, then file opposition or maybe even better to file motion for extension of time to prepare opposition and see if your motion to amend is granted. If your motion is denied, there is no need to spend your time and energy on opposition, the judge will probably dismiss your complaint, unfortunately. But you can always file a new one!

 

[tx2ca]

Thanks a lot Lazycis:

I think this is the best approach!...
Does anyone know how to change the prayer? Any pointers?

Thanks for all your helps.

 

[lazycis]

I think this is the best approach!...
Does anyone know how to change the prayer? Any pointers?

Thanks for all your helps.

Just say:

"Compel Defendants to complete processing of Plaintiff's I-485 application within 30 days or within timeframe defined by this Honorable Court."

 

[wenlock]

Just say:

"Compel Defendants to complete processing of Plaintiff's I-485 application within 30 days or within timeframe defined by this Honorable Court."

I would you following sentence.


Compel Defendants to adjudicate Plaintiff's I-485 application within 30 days or within timeframe defined by this Honorable Court

 

[Mingjing]

What exactly is this "date proposed by your MTD"?

I know each court has its own rules that differ from others. I am still surprised I have a whole 9 weeks to respond to MTD (received MTD on March 26th, and deadline is 3 weeks before motion hearing proposed by AUSA for June 15th). Such a variance is very surprising...

According to the local rules, your initial OPP deadline is 14 days before the date proposed by your MTD, which gives you at least 10 days to prepare for your OPP, because MTD is request to be filed at least 24 days before the proposed date. Normally you got more than 10 days due to some other reasons. You can extend your deadline for about two extra weeks automatically by filing an extension request.

All of the details are in the local rules.

 

[Mingjing]

All,

I'd like to validate my assessment here - the only benefit of asking for an extention by plaintiff is to buy time to better prepare MTD, correct?

I don't think ploaintiff's extention has the benefit of giving defendants time to expedite name check, because dedendants would have done it any way with or without an extension.

Therefore, if one feels ready to write opposition to MTD, then there is no benefit to ask for extension. Just let the MTD come.

Thoughts?

Thank you guys for the replies.
so you are saying I have 10 + 14 days after the MTD is filed.
I will send my AUSA an email requesting an extension instead of a MTD on the due date.
I don't know if this is possible but do you think I can meet up with my AUSA in person? if I show up to the US Attorney's office in Newark you think I can ask to speak to my AUSA? I would like to meet in person with my AUSA after I request the extension to get more details about the expedited name check requested and the status of my case.

Thanks

 

[XG1970]

All,

I'd like to validate my assessment here - the only benefit of asking for an extention by plaintiff is to buy time to better prepare MTD, correct?

I don't think ploaintiff's extention has the benefit of giving defendants time to expedite name check, because dedendants would have done it any way with or without an extension.

Therefore, if one feels ready to write opposition to MTD, then there is no benefit to ask for extension. Just let the MTD come.

Thoughts?

Just my 2 cents...

I think it is totally depend on the situation of the individual cases.

If you knew for sure that your name check was expedited after filing WOM, and you were not interested in writing a Opposition to MTD, you may ask for extension to give FBI more time to finish up.

Or, if you really thought you had a very strong case (such as waiting for more than 4 years), and you were in a judge-friendly district, you may just file Opposition to MTD + Motion for Summary Judgment together as soon as you got MTD from AUSA. In this way, you can get a quick result -- good or bad.

 

[The other one]

Hi all - WOM in NJ

After more then two years of name check pending i am thinking of filling Writ of Mandamus.

Does anyone have a sample of the right format for the mandamus, or a link to a place that I can find one for NJ?

Where can i find the list of the defendants and their addresses that i have to summons in NJ

Thank you very much for any help.

 

[GC-Pending]

More favorable cases for AOS

Hi, folks,

For I485 WOM cases, it is important we track recent favorable WOM cases. Attached is the list I uploaded before to capture some good WOM cases.

I have only done a little bit update since, but take a look and post if you have found additional new cases. I will update and post at a later time.

The second part of the doucment have bunch of "WOM cases" - I have not looked at them myself, not sure if some of them are naturalization cases or I485 WOM cases.

I have also found these cases that you can add to your database:
1. Xiaohui He vs. Micheal Chertoff; case no: 06-CV-02608-IEG-NLS (Northen District of California)
2. Alsharqawi vs. Gonzales; case no: 3:06-CV-1165-N (northern district of texas)
3. Kim vs. Ashcroft; 340 F.Supp.2d 384 (S.D. New York)
4. Duan vs. Zamberry; case no: 06-1351 (Western District of Pennsylvania)
5. Wang vs. Chertoff; case no: H-06-3477 (southern district of texas)

We need to find a more efficient way to organize and store all these cases. Have you looked at the FBI Name Check on Wikipedia (http://en.wikibooks.org/wiki/FBI_name_check)? it might be a good place to keep all such information.

 

[netrin]

Hi GC-pending:

Can you post the judge decisions here? I was just trying to find the He Xiaohui case and could not find it. Too bad that I did one search by typing keywords He and was charged for $3 one time. I spent much stupid money on that kind of stuff. Thanks a lot! Keep up with the good job!

I have also found these cases that you can add to your database:
1. Xiaohui He vs. Micheal Chertoff; case no: 06-CV-02608-IEG-NLS (Northen District of California)
2. Alsharqawi vs. Gonzales; case no: 3:06-CV-1165-N (northern district of texas)
3. Kim vs. Ashcroft; 340 F.Supp.2d 384 (S.D. New York)
4. Duan vs. Zamberry; case no: 06-1351 (Western District of Pennsylvania)
5. Wang vs. Chertoff; case no: H-06-3477 (southern district of texas)

We need to find a more efficient way to organize and store all these cases. Have you looked at the FBI Name Check on Wikipedia (http://en.wikibooks.org/wiki/FBI_name_check)? it might be a good place to keep all such information.

 

[akram88]

All,

I'd like to validate my assessment here - the only benefit of asking for an extention by plaintiff is to buy time to better prepare MTD, correct?

I don't think ploaintiff's extention has the benefit of giving defendants time to expedite name check, because dedendants would have done it any way with or without an extension.

Therefore, if one feels ready to write opposition to MTD, then there is no benefit to ask for extension. Just let the MTD come.

Thoughts?

The only reason I want an extension is because I know my name check has been expedited.
If this wasn't the case my preference would be getting a MTD on first due date, in fact this was the ideal scenario I was hoping for when I filed (assuming they weren't going to expedite automatically). but now things seems to be going better than expected.

 

[GC-Pending]

Hi GC-pending:

Can you post the judge decisions here? I was just trying to find the He Xiaohui case and could not find it. Too bad that I did one search by typing keywords He and was charged for $3 one time. I spent much stupid money on that kind of stuff. Thanks a lot! Keep up with the good job!

I attached He, Duan, Wang, and Alsharqawi. I hope it helps.

Good luck.

 

[Hiram]

After more then two years of name check pending i am thinking of filling Writ of Mandamus.

Does anyone have a sample of the right format for the mandamus, or a link to a place that I can find one for NJ?

Where can i find the list of the defendants and their addresses that i have to summons in NJ

Thank you very much for any help.

ROBERT S. MUELLER, Director, Federal Bureau of Investigation, MICHAEL CHERTOFF, Secretary of Homeland Security; EMILIO T. GONZÁLEZ, Director United States Citizenship and Immigration Services; ANDREA QUARANTILLO, District Director, United States Citizenship and Immigration Services, ALBERTO GONZALES
Attorney General, U. S. Department of Justice

FYI:

Andrea J. Quarantillo
District Director
USCIS Newark District Office
970 Broad Street
Newark, NJ 07102

 

[Hiram]

I attached He, Duan, Wang, and Alsharqawi. I hope it helps.

Good luck.

can someone please post 1-2 sentences on each one, why the judge granted the opposition to the MTD?
thanks

 

[netrin]

GC-pending,

Thanks so much! These are really great favorable cases. I will submit these as suppl materials to support my opposition to MTD. BTW, how did you find out these cases? I was wondering if you have done a complete search.

I really appreciate your hardwork. I was quite annoyed by the AUSA who constantly filed suppl materials to support her MTD.

I attached He, Duan, Wang, and Alsharqawi. I hope it helps.

Good luck.

 

[DUDE12190]

ROBERT S. MUELLER, Director, Federal Bureau of Investigation, MICHAEL CHERTOFF, Secretary of Homeland Security; EMILIO T. GONZÁLEZ, Director United States Citizenship and Immigration Services; ANDREA QUARANTILLO, District Director, United States Citizenship and Immigration Services, ALBERTO GONZALES
Attorney General, U. S. Department of Justice

FYI:

Andrea J. Quarantillo
District Director
USCIS Newark District Office
970 Broad Street
Newark, NJ 07102

Andrea J. Quarantillo is no longer a District director of NJ. She is DD of Ny district now. Call the local USCIS office in NJ and they should be able to tell u who is the new DD there. good luck!!

 

[Bushmaster]

I have got some good news for all of you... Though, I need to go to bed since I have a long drive tomorrow... Again... And I will hopefully post some pics...

 

[netrin]

Mingjing,

Did you find more favorable court decisions over WOM MTDs? I would be grateful to your letting us know!

Thanks.

All,

I'd like to validate my assessment here - the only benefit of asking for an extention by plaintiff is to buy time to better prepare MTD, correct?

I don't think ploaintiff's extention has the benefit of giving defendants time to expedite name check, because dedendants would have done it any way with or without an extension.

Therefore, if one feels ready to write opposition to MTD, then there is no benefit to ask for extension. Just let the MTD come.

Thoughts?

 

[united2007]

Many thanks !!

I attached He, Duan, Wang, and Alsharqawi. I hope it helps.

Good luck.

I think I finally find the some good cases that I can send to the judge via a letter.

Thank you so much!