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

correct case citations

GC-Pending said:
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)
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Is there anybody knows the correct citations for above cases? I only know the citation for the fourth, as Duan v. zamberry, No.06-1351,2007 WL 626116 at *2(W.D.Pa.Feb.23,2007), cause my AUSA mentioned it in his MTD.

I was confused what's the meaning of "2007 WL 626116 at *2". Where can I find those numbers for other cases?

Many Thanks

bob
 
sksharma76 said:
For those who are not familiar with my case i filed for N400 on basis of military service on August 2005.Wrote to First lady on December 2006 and then Filed WOM on Feb 2nd,2007
Finally got a letter from FBI stating name check cleared on 9th march and AUSA filed for 30 days extension.I finally got a Interview letter for my N400 for May 18th .The extension for my WOM expires on may 2nd .Today AUSA emailed me and said that i should file for dismissal without prejudice or he would have to file a MTD.

I do not really want to file a vol dismissal as i am fed up with uscis and really dont wanna wait another 2 or 3 months for oath after the interview.

What should i do ?
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Here is what you do Call AUSA and tell him to lets file Joint Statement to court that hold this subject matter in abeyance for 30 days as Plaintiff's is now Scheduled for May 18th Interview and all progress indicate that N-400 application will get adjudicate in next 30 days.

This will take pressure out of AUSA and you both. Judge will always agree if both parties are in agreement.
 
wenlock said:
Here is what you do Call AUSA and tell him to lets file Joint Statement to court that hold this subject matter in abeyance for 30 days as Plaintiff's is now Scheduled for May 18th Interview and all progress indicate that N-400 application will get adjudicate in next 30 days.

This will take pressure out of AUSA and you both. Judge will always agree if both parties are in agreement.
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Wenlok and riz thanks for advice .I would E-mail the AUSA and see what happens i will update you guys .My interview is scheduled for 10 am and i heard from this forum that interview before 12 Pm in charlotte generally means same day oath Hopefully i would tell u guys the good news on 18th
 
bobsunzi said:
Is there anybody knows the correct citations for above cases? I only know the citation for the fourth, as Duan v. zamberry, No.06-1351,2007 WL 626116 at *2(W.D.Pa.Feb.23,2007), cause my AUSA mentioned it in his MTD.

I was confused what's the meaning of "2007 WL 626116 at *2". Where can I find those numbers for other cases?

Many Thanks

bob
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I have this info, which I got from the legal browser, but don't remeber which. You may google up more on "how to read citations"

Good luck!
 
I thought Duan v. Zamberry case is one that favors plaintiffs. Why AUSA mentioned this case in MTD to you?

And anybody knows the case number for 3. Kim vs. Ashcroft; 340 F.Supp.2d 384 (S.D. New York)? I can't find it from Pacer.


bobsunzi said:
Is there anybody knows the correct citations for above cases? I only know the citation for the fourth, as Duan v. zamberry, No.06-1351,2007 WL 626116 at *2(W.D.Pa.Feb.23,2007), cause my AUSA mentioned it in his MTD.
Click to expand...
 
Mingjing said:
I thought Duan v. Zamberry case is one that favors plaintiffs. Why AUSA mentioned this case in MTD to you?

And anybody knows the case number for 3. Kim vs. Ashcroft; 340 F.Supp.2d 384 (S.D. New York)? I can't find it from Pacer.
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He is complaining about some courts have found 1252(a)(2)(B)(ii) is inapplicable. He states "under the Guan dicision, CIS could simply issue a denial of an application for adjustment when there is a backlog, rather than working through the backlog, and this decision would be unreviewable." What a reasonable man he is.
 
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motion to extend time to file opposition to MTD

Last Friday I filed motion to extend time for one week. Today I found in pacer that the due day now is 5/14/2007. Can I assume the due day is already changed or Do I need to talk to the court to confirm it?
 
Power of PRO SE?

I am trying to come up with a document and steps which would allow me to communicate to AUSA/Court on the behalf of my husband.

Some of you know that I am preparing to file 1447+WOM pro se for my husband in Northern CA (San Jose Dist. Court). He will show up and do the talking but he is busy working and lets me prepare and handle this petition on my own completely. So it leaves him out from any follow-up case management communication exchange, he wouldn't have a clue.

Does anyone have an advice/any idea what documents I should add to the petition? At this point I hope a regular (standard version) "Power of Attorney" would be enough, but you can always expect a legal issue to be more complicated than it appears :rolleyes:. Or should we simply file without any extra docs, but then we should call AUSA/court together and I would do the talking after he states he allows it every time.

My court clerk refused to comment on this question (of course, a question "do you have any power of attorney docs available for a pro se litigants?" is taken as requesting a legal advice), and there's nothing in the pro se handbook about it.

I'd appreciate any comments...

Thank you,

Shvili
 
cacd07 and dude2190,
Thanks for your replies.
cacd,
LUD= last update date. If you register on the USCIS cases status website, you can follow your case(s) online and there is date by the case number that is updated everytime your case is touched.
Desi


cacd07 said:
Stipulation for extension is just an extension and normally initiated by AUSA. Many cases AUSA contacts plaintiff for a signature before filing that with court (like in my own case) but that is not required. I think in your case your AUSA simply bypassed you and filed with the court.

Compared with MTD or even an Answer, Stipulation for extension is probably the most friendly response you get from AUSA's. It is simply asking more time in hoping your case could be resolved before the new deadline. Another benefit to file extension rather than an Answer, based on what my AUSA told me, is that in case your NC gets cleared soon, you can simply dismiss your own case voluntarily (and the court automatically approves that of course) instead of of filing a joint stipulation to dismiss which needs court approval and thus more delays. My AUSA told me he always files extension instead of answers unless he's forced to.

Hope it helps and good luck.

By the way what is LUD?
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My Lucky WOM experience

I filed the WOM on 3/6/07, served defedent on 3/8/07. Got 2nd fingure print on 3/26, did 2nd FP on 4/11/7, GC approved on 4/16 and got card today. My 485 RD is Nov 2005. I never talked to the US attorney for my case, today after I got the card, I called her. I wasn't too sure it was her accelerated my case, today I asked her, she is a super nice lady, she told me she pushed my case through FBI and USCIS. I told her I was very grateful.
I didn't put too much hope when I filed the case, becasue I saw so many MTD and extension, etc. My court only has 6 of WOM from Jan 2006 till now, I think that might be the reason they are nice.
 
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frustrated_alot said:
Does anyone have a copy of a Pro Se Case for 1447b filed in Maryland? I received the Pro Se package but i am worried about messing it up. I just need to see a format, so that i can get started.

Also, if anyone else has filed suit in Maryland can you relate your experience please?:confused:
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I filed in Maryland. I got all the forms from their website. It took the judge three weeks to issue summons. I served the defendants and I'm waiting for their answer now, so not much experience yet.
 
smile_sac said:
I filed the WOM on 3/6/07, served defedent on 3/8/07. Got 2nd fingure print on 3/26, did 2nd FP on 4/11/7, GC approved on 4/16 and got card today. My 485 RD is Nov 2005. I never talked to the US attorney for my case, today after I got the card, I called her. I wasn't too sure it was her accelerated my case, today I asked her, she is a super nice lady, she told me she pushed my case through FBI and USCIS. I told her I was very grateful.
I didn't put too much hope when I filed the case, becasue I saw so many MTD and extension, etc. My court only has 6 of WOM from Jan 2006 till now, I think that might be the reason they are nice.
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Congratulations!!!
I hope my ausa is as good as yours.... Though my district gets a case a day...
Where did you file?
 
I found the blue back at Hallmark in their stationary section for $0.21 per sheet....


cacd07 said:
I had the same problem filing mine back in January. I ended up with some construction papers on assorted colors. I picked the closest blue color (but still quite different from the sample I got from the clerks) and went to the court with worries. Fortunately the clerk did not care much about that nor did she care much about the length of the paper. I told her about my hard time finding even the ones I used and she couldn't provide a better store either. I'd say go with whatever office depot/Staples may have for colored construction paper or ask court clerks for some spare ones. Good luck.
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I filed for a motion in opposition to MTD for my N-400 laysuit and also filed summary judgment today with court appointment of May 21st. Can I ask judge to swear me in if he rules in my favor? Is there a presidence? Any case number that you can refer me to? Please email me at: parsfalcon@yahoo.com

Thanks.

parsfalcon said:
I found the blue back at Hallmark in their stationary section for $0.21 per sheet....
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smile_sac said:
I filed the WOM on 3/6/07, served defedent on 3/8/07. Got 2nd fingure print on 3/26, did 2nd FP on 4/11/7, GC approved on 4/16 and got card today. My 485 RD is Nov 2005. I never talked to the US attorney for my case, today after I got the card, I called her. I wasn't too sure it was her accelerated my case, today I asked her, she is a super nice lady, she told me she pushed my case through FBI and USCIS. I told her I was very grateful.
I didn't put too much hope when I filed the case, becasue I saw so many MTD and extension, etc. My court only has 6 of WOM from Jan 2006 till now, I think that might be the reason they are nice.
Click to expand...

Congrats !!! where did you file from? Can you give your case number .. I would like to see it on PACER. Other people here may also want to use that as a reference later..

Thanks
 
Mingjing said:
I thought Duan v. Zamberry case is one that favors plaintiffs. Why AUSA mentioned this case in MTD to you?

And anybody knows the case number for 3. Kim vs. Ashcroft; 340 F.Supp.2d 384 (S.D. New York)? I can't find it from Pacer.


bobsunzi said:
Is there anybody knows the correct citations for above cases? I only know the citation for the fourth, as Duan v. zamberry, No.06-1351,2007 WL 626116 at *2(W.D.Pa.Feb.23,2007), cause my AUSA mentioned it in his MTD.
Click to expand...

See attached Kim vs. Ashcroft order, it's a good case in our favor
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Current List and Looking for MORE recent Favorable I485 WOM cases

Folks,

Attached is the updated list of favorable I485 WOM cases I compiled, including the few cases some of you mentioned. I prioritized these cases based on how much I like each of them.

I need some help on:

1. Research and let me know if you find additional favorable/unfavroable I485 WOM cases. Since the purpose I am doing this is to draft opposition to Motion to Dimiss, so I need both cases with favorable judge ruling denying motion to dimiss and those cases with quality opposition to motion to dismiss but prior to judge ruling.

2. In the list I uploaded, there are still bunch of cases after case #16. I'd like to ask some of you to research these cases and let me know which ones are specific for I485 WOM cases vs. citizenship WOM/1447(b) cases.

3. If some of these cases I think are favorable but actually are not, please let me know.

Thanks.
 
Okay, question about filing suit 1447b. Do i need to type the lawsuit on word AND fill in the information on the complaint form? I am confused about that. Also in my instructions booklet, it says i do not need to provide evidence. Is this true or does it help to provide evidence? Help someone
 
Filing Lawsuit for Naturalization

Hi All,

My interview for citizenship was in 2004. My lawyer filed a lawsuit more than a month ago and I am still waiting. What is the next step?:(
Please help....
 
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