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

Shvili,

The second case of Mohamed v. Frazier seems to be a naturalization case, not I485. Can you confirm?

Also, can you take a look at the previous list of favorable I485 WOM cases I posted and see if I missed any of the good cases in your pool of cases? Alternatively, you can post remaining case documents you have, and I will compare with my list.

Thanks.

[/B]
shvili said:
Veryfree, here is what I have saved (posted previously on the forum):
(see attachments) Unfortunately, I can't find a text of MSJ but the orders here are very helpful, I think, to build one. I have some more so if you want me to share them, post to me privately.

Good LucK
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Mingjing said:
Shvili,

The second case of Mohamed v. Frazier seems to be a naturalization case, not I485. Can you confirm?

Also, can you take a look at the previous list of favorable I485 WOM cases I posted and see if I missed any of the good cases in your pool of cases? Alternatively, you can post remaining case documents you have, and I will compare with my list.

Thanks.

[/B]
Click to expand...

Mingjing,

The Mohamed vs. Frazer is a naturalization case, but for WOM argument the logic (-by APA and mandamus) is the same. It is more difficult to point non-discretionary duty in AOS case, than N-400, but it is done in the cases you posted (I thinK). I saw your post before, but I need to point again, my husband's case is N-400 with interview, so I mostly focus on similar cases. But again, as argument is similar as long as WOM is involved (and we included WOM), I also saved some of the WOM AOS cases too. I'll try to check tomorrow and compare your cases with my list, to see if you lack some I saved.

Good Luck!
 
Guys, a question for you:

I've filed response to MTD ~ a weeek ago. Now I've found a similar MTD denied in my court by a different judge. I'm thinking it would be nice to ammend/add this judge's opinion to my Opposition - however, looks like I've used up my only chance to respond to MTD. Does anyone know if it may be possible to ammend my opposition or file a separate document?

Thanks!
 
A question?

I had filed my Pro-Se case on Dec 27, 2006 and the summons were served to all the parties by Feb 23rd. They had 60 days to respond. It is more than 60 days now and I have not heard any thing. I checked on PACER and there is no update on my case. Any body has any ideas on what steps do I need to take? Thanks in advance for your replies.
 
lotechguy said:
Guys,
What is the difference between an Assigned Judge and referred to judge ? My case is showing two judges ??
Click to expand...

Referal judge is the judge that in most cases, do the pre trial hearing. As most of these cases do not go to the discovery stage, I think referal judges are as important as the assigned judges. Referal judges are called magistrate Judge(Junior Judges). Assigned judges are those who are senior or active Federal judges and who, in most cases, make a ruling on your case if needed such as if you file an opposition to AUSA's MTD, an order, in almost all cases, will come from the Assingned judge. Hope it clarifies. good luck!!
 
stillstuck said:
I had filed my Pro-Se case on Dec 27, 2006 and the summons were served to all the parties by Feb 23rd. They had 60 days to respond. It is more than 60 days now and I have not heard any thing. I checked on PACER and there is no update on my case. Any body has any ideas on what steps do I need to take? Thanks in advance for your replies.
Click to expand...

You have to call your District US Attorney's office, give them your case number and ask them the name and contact information of AUSA that is assinged to your case. You, then, need to call AUSA and asked him what is going on? Also, u can check similar cases on the Pacers that were filed a week or two before your case and see if AUSA has file file something 1) Answer or 2) Extension or 3) MTD.

Check through this site. It is easier to check using this site because u do not have to check each case.
http://dockets.justia.com/

Let us know the update please. good luck!!
 
stillstuck said:
I had filed my Pro-Se case on Dec 27, 2006 and the summons were served to all the parties by Feb 23rd. They had 60 days to respond. It is more than 60 days now and I have not heard any thing. I checked on PACER and there is no update on my case. Any body has any ideas on what steps do I need to take? Thanks in advance for your replies.
Click to expand...

60 day count starts from the date on the return receipt from AUSA.
They have 60 days+3-4 days to respond (if you served by mail, depends also if deadline falls on weekend).
Call/e-mail AUSA and ask about your case, you can find contact info looking up your case in PACER. If they are not going to respond, prepare a motion for default judgment.
 
Can citizenship be denied due to dual nationality and conscription?

Dear Forum,

after I filed a WoM and my AUSA filed the third continuance on my case, the FBI name check cleared and the DHS/USCIS sent me an email (!) that they would like to talk to me.
The adjudicating officer told me that my background check is fine but that they would have to deny my N-400 application on the fact taht i am a member of the German Armed Forces Reserve. Germany has a conscription, as well as Israel.
So the DHS/USCIS wants me to get out of the reserve (the question is how) in order to become a U.S. citizen. Whereas Sec. 3489 [8 U.S.C. 1481] addresses the loss of nationality by VOLUNTARILY serving in the armed forces of a foreign state, the conscription is INVOLUNTARY.
Does any one know of precedent cases? For example, Israel has dual citizenship and a greta part of the IDF (Israeli Defense Forces) has both citizenships!!!!!
Below you even find some information the U.S. Embassy in Berlin put up!

7. A German citizen has no right to renounce his/her German citizenship but generally is allowed to do so, so long as he/she does not become stateless as a result. While there are exceptions, as a general rule a German citizen may not give up citizenship to avoid an obligation of that citizenship, e.g., military service. For more information about loss of German citizenship, please contact your local Staatsangehörigkeitsbehörde (or Standesamt).

II. American-German Dual Nationality

1. Both the United States and Germany recognize the concept of multiple nationality.

III. American-German Dual Nationality

1. Both the United States and Germany recognize the concept of multiple nationality.


Thanks so much for your help!

Best

D.
 
Mingjing said:
Veryfree,

Glad to hear judge denied motion to dismiss. Many of us are fighting MTD now. Can you share your case details - it will be good for rest of us to mention your case as support in our opposition to motion to dismiss.

Thanks,
Mingjing
Click to expand...


Mingjing,
you get a pm.
 
Paz and other senior members on this list:

I need you help urgently! I filed my Oppos. to MTD last Mon. and also filed for a summary judgment. I used Mohamad's summary judgment as template but now the judge has striken my motion for summary judgement out saying:

the documents listed below were improperly filed for the following reasons: LR 1-3 and LR 56-1 for failure to serve and lodge a proposed "Statement of Uncontroverted Facts and Conclusions of Law"; Document Entitled: Plaintiffs Motion for Summary Judgment; filed 4/23/07. IT IS FURTHER ORDERED that the document shall not be returned to the filing party; however, the Clerk shall note on the case docket that the documents are stricken from the record.(rla, ),

I looked at the local rules which says:

L.R. 56-1 Papers Required From Moving Party . There shall be served and lodged with each notice of motion for summary judgment pursuant to F.R.Civ.P. 56 a proposed “Statement of Uncontroverted Facts and Conclusions of Law” and the proposed judgment. Such proposed statement shall set forth the material facts as to which the moving party contends there is no genuine issue.


I'm filing it in the central dist. of CA. Do you guys have a summary judgement that you can send me or can you point me to one on pacer? Your help is greatly appreciated. You can email me at: aamirich@yahoo.com

parsfalcon
 
PAZ, SNORLAX and other experienced members;

I can email you the documents that I filed for summary judgement if you'd like to take a look and tell me where I made a mistake or what I need to change. You can send me a PM with your email address or send me an email at: aamirich@yahoo.com

Thanks.

parsfalcon

parsfalcon said:
Paz and other senior members on this list:

I need you help urgently! I filed my Oppos. to MTD last Mon. and also filed for a summary judgment. I used Mohamad's summary judgment as template but now the judge has striken my motion for summary judgement out saying:

the documents listed below were improperly filed for the following reasons: LR 1-3 and LR 56-1 for failure to serve and lodge a proposed "Statement of Uncontroverted Facts and Conclusions of Law"; Document Entitled: Plaintiffs Motion for Summary Judgment; filed 4/23/07. IT IS FURTHER ORDERED that the document shall not be returned to the filing party; however, the Clerk shall note on the case docket that the documents are stricken from the record.(rla, ),

I looked at the local rules which says:

L.R. 56-1 Papers Required From Moving Party . There shall be served and lodged with each notice of motion for summary judgment pursuant to F.R.Civ.P. 56 a proposed “Statement of Uncontroverted Facts and Conclusions of Law” and the proposed judgment. Such proposed statement shall set forth the material facts as to which the moving party contends there is no genuine issue.


I'm filing it in the central dist. of CA. Do you guys have a summary judgement that you can send me or can you point me to one on pacer? Your help is greatly appreciated. You can email me at: aamirich@yahoo.com

parsfalcon
Click to expand...
 
Saarlaender said:
Dear Forum,

after I filed a WoM and my AUSA filed the third continuance on my case, the FBI name check cleared and the DHS/USCIS sent me an email (!) that they would like to talk to me.
The adjudicating officer told me that my background check is fine but that they would have to deny my N-400 application on the fact taht i am a member of the German Armed Forces Reserve. Germany has a conscription, as well as Israel.
So the DHS/USCIS wants me to get out of the reserve (the question is how) in order to become a U.S. citizen. Whereas Sec. 3489 [8 U.S.C. 1481] addresses the loss of nationality by VOLUNTARILY serving in the armed forces of a foreign state, the conscription is INVOLUNTARY.
Does any one know of precedent cases? For example, Israel has dual citizenship and a greta part of the IDF (Israeli Defense Forces) has both citizenships!!!!!
Below you even find some information the U.S. Embassy in Berlin put up!

7. A German citizen has no right to renounce his/her German citizenship but generally is allowed to do so, so long as he/she does not become stateless as a result. While there are exceptions, as a general rule a German citizen may not give up citizenship to avoid an obligation of that citizenship, e.g., military service. For more information about loss of German citizenship, please contact your local Staatsangehörigkeitsbehörde (or Standesamt).

II. American-German Dual Nationality

1. Both the United States and Germany recognize the concept of multiple nationality.

III. American-German Dual Nationality

1. Both the United States and Germany recognize the concept of multiple nationality.


Thanks so much for your help!

Best

D.
Click to expand...

You probably may argue that you are a not a volunteer militaty member and bring up the US embassy info. As I understand, dual citizenships are a gray area where your fate's decided by bureaucrats' whim. You could try to get more cases with German nationals getting US naturalization, but if it fails, you prbably need an attorney.

Perhaps someone on the forum has similar case?

Good luck!
 
Can you please share details of that "similar case" where MTD is denied? I'd like to research it.

What are the particular points you did not mention in your opposition? I thought these days all these MTDs are cookie cuttered, and hence judge's order on MTD would be pretty standard (though could go either way).

Thanks.

wom said:
Guys, a question for you:

I've filed response to MTD ~ a weeek ago. Now I've found a similar MTD denied in my court by a different judge. I'm thinking it would be nice to ammend/add this judge's opinion to my Opposition - however, looks like I've used up my only chance to respond to MTD. Does anyone know if it may be possible to ammend my opposition or file a separate document?

Thanks!
Click to expand...
 
Parsfalcon,

A side bar question: your hearing is not until late June. I would think your deadline to file your opposition to MTD will be probably May time? Did you file your opposition much earlier than deadline?

parsfalcon said:
Paz and other senior members on this list:

I need you help urgently! I filed my Oppos. to MTD last Mon. and also filed for a summary judgment. I used Mohamad's summary judgment as template but now the judge has striken my motion for summary judgement out saying:

the documents listed below were improperly filed for the following reasons: LR 1-3 and LR 56-1 for failure to serve and lodge a proposed "Statement of Uncontroverted Facts and Conclusions of Law"; Document Entitled: Plaintiffs Motion for Summary Judgment; filed 4/23/07. IT IS FURTHER ORDERED that the document shall not be returned to the filing party; however, the Clerk shall note on the case docket that the documents are stricken from the record.(rla, ),

I looked at the local rules which says:

L.R. 56-1 Papers Required From Moving Party . There shall be served and lodged with each notice of motion for summary judgment pursuant to F.R.Civ.P. 56 a proposed “Statement of Uncontroverted Facts and Conclusions of Law” and the proposed judgment. Such proposed statement shall set forth the material facts as to which the moving party contends there is no genuine issue.


I'm filing it in the central dist. of CA. Do you guys have a summary judgement that you can send me or can you point me to one on pacer? Your help is greatly appreciated. You can email me at: aamirich@yahoo.com

parsfalcon
Click to expand...
 
Motion to remand in San Diego court

Hi, everyone:
I filed my case against CIS Feburary, 2007 in San Diego for the southern california district court by myself. My information: N400 filed in Nov. 2005, fingerprinting Jan. 2006, interview passed March, 2006 and was informed name pending during the interview. I sent email and infoPassed several times and was told name check is still pending. So I decided to file the case following other member's posts on this forum. After filing, I got a fingerprinting notice and then a package from district attorney: 20 some pages. But the first page indicate Motion to remand to CIS with time and court room number. They also mailed me a copy of court order for another similar case: same thing, motion to remand to CIS with no defined date. Bascially, it means the court is doing nothing.
My question will be: what should I do now? Wait until the time to go to court ? Do I need to go? I guess I will be getting the same order as the above case. Or do I need to write someting?
Anybody has the same experience?

Thanks,
 
Folks,

I'd like to start to compile a list of naturalization cases (particularly where WOM is involved) where:

1. judge orders deny defendants' MTD
and/or
2. defendants filed strong opposition/response to MTD

If you are aware of these cases, post here or PM me. And I will research and put the list together and re-post later.

This will help my effort drafting opposition to MTD for my I485 WOM cases.

Thanks.
 
SDconfused said:
Hi, everyone:
I filed my case against CIS Feburary, 2007 in San Diego for the southern california district court by myself. My information: N400 filed in Nov. 2005, fingerprinting Jan. 2006, interview passed March, 2006 and was informed name pending during the interview. I sent email and infoPassed several times and was told name check is still pending. So I decided to file the case following other member's posts on this forum. After filing, I got a fingerprinting notice and then a package from district attorney: 20 some pages. But the first page indicate Motion to remand to CIS with time and court room number. They also mailed me a copy of court order for another similar case: same thing, motion to remand to CIS with no defined date. Bascially, it means the court is doing nothing.
My question will be: what should I do now? Wait until the time to go to court ? Do I need to go? I guess I will be getting the same order as the above case. Or do I need to write someting?
Anybody has the same experience?

Thanks,
Click to expand...

SDconfused,

As I understand, US Attorney (which is a defence counsel for the guys you sued) sent you a copy of their Motion to remand? So does their motion request a timelimit on CIS processing your case? If it does and this timelimit suits you, you can agree to it. If not, you should file an opposing Motion (for Summary Judgement, senior members, please verify!). Please check your pro se rules or verify with senior members the next step in your fight.

From what I understand, you don't need to answer government's answer, but you need to answer their Motion to Dismiss, or motion for summary judgement, MSJ (if you don't agree with it).

But the info you provided does look confusing to me. Again, if US attorney's motion requested remand WITH A TIMELIMIT for CIS to act, and the timelimit is no more than 120 days, I would definitely agree to that, and join their motion.
 
court hearing

Hi, shvili:
Thank you for your input. Maybe I didn't put it in the right way in my previous post. What I received from district attorney is a package of their argument (motion of the defendents) with time and location of federal court (May 31, 2007, court room 5).

According to the Pro Se package and 1447b and my summary of the posts in this forum, there are two motions that will be filed by defenants: Motion to dismiss and Motion to remand to CIS.

I don't know if other member in this forum as discussed in this thread earlier that, when they receive this MTD, does that also come with a court appearing date, time and location?
 
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