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

[shvili]

Files cont.

Disclaimer: I re-post earlier posted docs which may have some private info. but which were accessed through public records and I cannot delete this private info., otherwise I would. Also I am not a lawyer so please use this info at your own risk.
Files cont.

 

[shvili]

Disclaimer: I re-post earlier posted docs which may have some private info. but which were accessed through public records and I cannot delete this private info., otherwise I would. Also I am not a lawyer so please use this info at your own risk.

Files cont.

 

[shvili]

Files cont.

Disclaimer: I re-post earlier posted docs which may have some private info. but which were accessed through public records and I cannot delete this private info., otherwise I would. Also I am not a lawyer so please use this info at your own risk.
Files cont.

 

[shvili]

Disclaimer: I re-post earlier posted docs which may have some private info. but which were accessed through public records and I cannot delete this private info., otherwise I would. Also I am not a lawyer so please use this info at your own risk.
Files cont.

Files cont.

 

[nataly@italy]

Hello, guys!
I filled WOM in January with a help of a lawyer. I recently discovered through Pacer that the pretrial conference for my case is scheduled for Monday. I really would like to be present during the conference. I called my lawyer to find out if I can do that, but she was not at the office. Today is Friday, and the conference will be held on Monday morning. I don’t think I’ll have a chance to talk to her before that. So, my question is: can I go to the pretrial with my lawyer? Can I just show up? And what should I wear to the court? Does it have to be a business type of dress or can it be hospital uniform? I may come to the court strait from work.

 

[shvili]

Files cont.

Mingjing, Veryfree, and several other members,

I used lots of space to download all these files that were in circulation on this forum and which I had in my possession. They are not categorized but Minjing said, s/he will categorize them for him/herself. Would you please also post categorized files here, Minjing? These are mostly all I have saved and I still have trouble to actually read cases on Pacer (some members said, it happened to them too), so unfortunately I have no access to other cases (unless I go to the courthouse and read them there.) I downloaded them so for a while there'll be enough for everyone to read (provided they didn't read it on the forum before.) I also think, if moderators would allow, this would be a great idea to store all (preferably categorized) cases somewhere in the beginning of this forum so new members would always know where to look for them. (Together with the Publicus the Founder great first several pages). We should also store: names/addresses of Defendants, summons/exhibits/notice of service /etc. blank forms, and all other things necessary to initiate a law suit. So new members would't need to filter through 700+ of pages here (like we did).

If someone would undertake the task and organize all this info somewhere in the beginning of the forum (like a separate thread/attachment?)

I know, it's always easier to give an advice than to execute it, but I have an excuse: I'm almost ready to file and right now don't have experience (-and extra time) to undertake it myself.

So here is the last 5 files I found useful:

Good luck everyone!

(Disclaimer: I re-post earlier posted docs which may have some private info. but which were accessed through public records and I cannot delete this private info., otherwise I would. Also I am not a lawyer so please use this info at your own risk.)

 

[shine2007]

Dear XG1970 and shvili,

Thanks for your great help. I really appreciate it.

I totally agree with shvili, a categorized database will be extremely help to a beginner. I did spent all the available time reading and downloading files from last 100 pages last week but found out most of them were related to naturalization cases. It would be really helpful to separate files related to AOS from the N-400 cases.

 

[ddeng]

The summons that I served on the defendants (USCIS and al.) said that they have 60 days to answer, but the court's clerk posted that they have a deadline of only 20 days. Their answer is overdue now. Is this possible? And should I file a motion to enter default judgement ASAP?

I am asking for help on this very urgen and sticky issue. I have to send my 70-year-old parents outside of the country this coming weekend because I cannot apply for Green Card for them due to the delay in my citizenship lawsuit. I really wish I could do something about it. The following is my situation:

60 days have passed since I served all defendants, but I haven't heard from US District Attorney' office. I don't know which following option is the best:
1) Should I go ahead to file default judgement with the court? Anyone has experience with that and what's the success rate? Would that make the district attorney mad and not to work for me? In recent cases in my district the court is remanding the cases back to USCIS without adjudicating the case. With this result in mind I don't know if I will have a better chance to get my citizenship by filing default judgement?
2) Should I contact the district attorney's office and ask them to extend the period?
Any suggestions would be greatly appreciated!

 

[paz1960]

I am asking for help on this very urgen and sticky issue. I have to send my 70-year-old parents outside of the country this coming weekend because I cannot apply for Green Card for them due to the delay in my citizenship lawsuit. I really wish I could do something about it. The following is my situation:

60 days have passed since I served all defendants, but I haven't heard from US District Attorney' office. I don't know which following option is the best:
1) Should I go ahead to file default judgement with the court? Anyone has experience with that and what's the success rate? Would that make the district attorney mad and not to work for me? In recent cases in my district the court is remanding the cases back to USCIS without adjudicating the case. With this result in mind I don't know if I will have a better chance to get my citizenship by filing default judgement?
2) Should I contact the district attorney's office and ask them to extend the period?
Any suggestions would be greatly appreciated!

Hello, welcome to this forum. First a small correction: you are not dealing with the district attorney (district attorneys are working for the county or state), the Defendants are represented by the US Attorney for the federal district where you filed your lawsuit. Or to be more precise, one of the Assistant US Attorney (=AUSA). AUSA is not working for you anyway, s/he is representing the government who you sued, so technically AUSA is your opponent party.

I don't think that only recently your district court remanded the cases to USCIS without adjudication. Because most of these cases are delayed due to pendng background checks, no district court in this country will adjudicate a case without the completed background check.

When you sue the government, special rule applies for default judgement. Rule 55(e) FRCP states:

(e) Judgment Against the United States.
No judgment by default shall be entered against the United States or an officer or agency thereof unless the claimant establishes a claim or right to relief by evidence satisfactory to the court.

This means that your chances to win by default are practically nul. I didn't see one single similar case where Plaintiff won by default judgement.

I would recommend to contact the US Attorney's office, and try to find out who is the AUSA assigned to your case. Have your case number handy, they should be able to put you in contact with the right person. Try to call AUSA and find out why s/he didn't file something with the court and when s/he is planning to file the answer or a motion. This motion can be one to extend or a motion to dismiss or remand the case to USCIS.

 

[paz1960]

It would be really helpful to separate files related to AOS from the N-400 cases.

I agree with this wish.

The explanation why many of the cases posted and discussed on this forum are naturalization cases, is very simple. Go to page 1 of this forum and read the very first few lines written by the moderator. This forum was started by people and for people who intend to sue USCIS for stalled naturalization cases. The AOS seekers joined this forum later, but because the reason for the delay is the same in both cases (stuck in the FBI name check black hole), people can learn from both types of lawsuits, so these two types stayed together in this forum.

 

[meier]

Name Check Pending

I am waiting for the oath ceremony since May 2004. Can anybody give me information how to sue the INS. Did somebody recently filed a lawsuit against the Ins and succeeded?

 

[paz1960]

I am waiting for the oath ceremony since May 2004. Can anybody give me information how to sue the INS. Did somebody recently filed a lawsuit against the Ins and succeeded?

All the necessary information is posted in this thread. You just need time and patience to read the postings. Many people were successful sueing the USCIS (INS doesn't exist since 2003). Don't take a lawsuit against the government lightly. You need to be well prepared to succeed, or if you don't have the time to dedicate for this lawsuit, better hire a lawyer.

 

[james_gmail]

Could the following be compelling reason for INS to expedite my name check?

Hi, everyone,

I am now in law suit with INS for my name check delay and waiting for, probably the Motion to Dismiss?

I had the following situation recently:

my wife is an F1 student who passed her phd quality exam. three years ago.
She paid resident tuition in this three years, about 14,000 a year cheaper than non-resident tuition. Based on school policy, however, three years after the qualify exam, the international students have to pay non-resident tuition. There are 4 months left for us to claim to be a resident. Moreover, we got a baby 2 months which brings us more financial burden.

In this case, could we request a expedited name check? Do you think it is appropriate to let USA attorney and INS know our situation and seek help from them?

Thank you very much for your kind reply!

 

[paz1960]

Hi, everyone,

I am now in law suit with INS for my name check delay and waiting for, probably the Motion to Dismiss?

I had the following situation recently:

my wife is an F1 student who passed her phd quality exam. three years ago.
She paid resident tuition in this three years, about 14,000 a year cheaper than non-resident tuition. Based on school policy, however, three years after the qualify exam, the international students have to pay non-resident tuition. There are 4 months left for us to claim to be a resident. Moreover, we got a baby 2 months which brings us more financial burden.

In this case, could we request a expedited name check? Do you think it is appropriate to let USA attorney and INS know our situation and seek help from them?

Thank you very much for your kind reply!

One of the name check expedite criteria is the following:
Compelling reasons as provided by the requesting office (i.e., critical medical condition) assessed on a case by case basis.

You certainly can try to explain your situation to USCIS (INS is defunct), but don't put much hope on this. Your situation is certainly difficult for your family, but is not a critical medical condition (the only cause explicitely listed as a compelling reason). It really depends on the immigration officer and his/her supervisor. They are also human, so you might be lucky. But try to prepare a contingency plan, because it is likely that you will need it.

 

[paz1960]

Hello, guys!
I filled WOM in January with a help of a lawyer. I recently discovered through Pacer that the pretrial conference for my case is scheduled for Monday. I really would like to be present during the conference. I called my lawyer to find out if I can do that, but she was not at the office. Today is Friday, and the conference will be held on Monday morning. I don’t think I’ll have a chance to talk to her before that. So, my question is: can I go to the pretrial with my lawyer? Can I just show up? And what should I wear to the court? Does it have to be a business type of dress or can it be hospital uniform? I may come to the court strait from work.

I would definitely try to get the agreement of my lawyer before I just show up in court. You hired her and this means that you thrusted her to deal with your case. The attorney-client relationship is something similar with the doctor-patient relationship; thrust is vital. If you can't reach her before the hearing, go there in advance and wait in front of the courthouse to meet her before she enters and ask her permission to join her at the hearing. (I'm almost sure, that she will not object).

The dress code in the court room is definitely business like.

 

[Mingjing]

I can't find this Jing Li v. Chertoff case through pacer. Can comebody find the case number or download case files to here for review? Thanks.

Dear all,

Attached as
Exhibit 1 is a decision of the Southern District of California in the case of Jing Li v. Chertoff,
entered April 2, 2007 , holding that this is precisely the type of “discretionary” decision which
Congress has decided, through its enactment of Section 1252, should not be subject to judicial
review.

 

[Mingjing]

I have captured 16 to 17 good/favorable I485 WOM specific cases in the list I popsted previously. I will plow thorugh Shvili's additional files (30+ of them) and add the favorable I485 WOM specific cases to my list and repost. I will get the list down in about within a few days. However, I won't link individual files to the cases in that list, so a reader will have to open my list and also open all files in his/her hard drive to find relevant case files. If there is a online space, I can rename the individual case documents to match the sequence of case names in my list and upload them to the shared online space for viewing/downloading. But I won't have time to get that down until probably a week to two weeks from today.
Mingjing

Mingjing, Veryfree, and several other members,

I used lots of space to download all these files that were in circulation on this forum and which I had in my possession. They are not categorized but Minjing said, s/he will categorize them for him/herself. Would you please also post categorized files here, Minjing? These are mostly all I have saved and I still have trouble to actually read cases on Pacer (some members said, it happened to them too), so unfortunately I have no access to other cases (unless I go to the courthouse and read them there.) I downloaded them so for a while there'll be enough for everyone to read (provided they didn't read it on the forum before.) I also think, if moderators would allow, this would be a great idea to store all (preferably categorized) cases somewhere in the beginning of this forum so new members would always know where to look for them. (Together with the Publicus the Founder great first several pages). We should also store: names/addresses of Defendants, summons/exhibits/notice of service /etc. blank forms, and all other things necessary to initiate a law suit. So new members would't need to filter through 700+ of pages here (like we did).

If someone would undertake the task and organize all this info somewhere in the beginning of the forum (like a separate thread/attachment?)

I know, it's always easier to give an advice than to execute it, but I have an excuse: I'm almost ready to file and right now don't have experience (-and extra time) to undertake it myself.

So here is the last 5 files I found useful:

Good luck everyone!

(Disclaimer: I re-post earlier posted docs which may have some private info. but which were accessed through public records and I cannot delete this private info., otherwise I would. Also I am not a lawyer so please use this info at your own risk.)

 

[hopeforall2]

Please help

Dear Paz and all friends, I need your help :-

The AUSA filed an answer to my suit but here is the thing I could not understand,

The AUSA sent his answer to my lawyer and when I called the court to check if any answer is filed, I was told that there is no answer filed yet.

1) Why would the AUSA send the answer to my lawyer instead of the court?

2) Could there be any "behind the seen" bargaining between my lawyer and the AUSA to settle the case out side the court and that is why the answer is not yet filed with the court?


What is going on, please in light me?

Thank you.

 

[Mingjing]

I need somebody to review my question below and help. I am in process to complete my list of favorable I485 WOM cases, and like to consider adding this case below since judge order denied MTD. But the docket report of 12/31/2003 as I posted below might mean the case did not work out for plaintiff eventually?

Thanks.

I am reading following case from Pacer:

United States District Court
Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02-cv-05189
1. Razik, 2003 U.S. Dist. LEXIS 13818, at *5-8 (denying respondents’ motion to dismiss the petitioners’ case; noting that applications had “languished for two years and yet the INS has done nothing”);

The last docket report entry is "12/31/2003 9 MINUTE ORDER of 12/31/03 by Hon. William J. Hibbler : Status hearing held. This order is entered nunc pro tunc 10/22/03. Government's oral motion to dismiss is granted without prejudice as stated in open court. All pending dates and motions are terminated as moot. terminating case Mailed notice (gcy) (Entered: 01/02/2004)"

This happened after Judge denied MTD on Aug. 2003.

What happened to this case? Is this case eventually dismissed by judge and plaintiff did not get relief?

 

[Mingjing]

Question for wom

WOM,

Like to ask if you can let us know the case nubmer for the case at your district where judge denied defendants' MTD? I'd like to research it and add to my list of favorable cases and repost for all of us to study.

Thanks.

Originally Posted by wom
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!