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

[Hi, Aryin,

Which case did you find? Your posting below did not include any specifics.

Thanks,

QUOTE=aryin;1669030]Dear MingJing,

I found WOM case in wenxuecity. Please add to you list (I did know how to find in pacer). I already contact d_outdoor. If I receive some information, I will forward to you. Thank you for your hard work.
 
I am sorry for that

Sorry for that


Mingjing said:
[Hi, Aryin,

Which case did you find? Your posting below did not include any specifics.

Thanks,

QUOTE=aryin;1669030]Dear MingJing,

I found WOM case in wenxuecity. Please add to you list (I did know how to find in pacer). I already contact d_outdoor. If I receive some information, I will forward to you. Thank you for your hard work.
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amyamy said:
Dear Sir,

I am a new user, and donot know how to post my question.

I filed WOM on Feb 26, 2007, and got MTD ( Motion to Dismiss) from US government attonery on May 2, 2007. Please help me what I should do. I plan to visit the court clerk next Monday. Do I need to response the MTD?

Frustrated. Thanks a lot.

Amyamy
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Amyamy,

Before you filed WOM or any other complaint, you should have prepared yourself to the next step, like MTD. Most of the members of this forum carefully read at least a few months worth of posts here. If You did that, you would have known that just filing WOM and hoping for immediate approval doesn't work any more.

The fact is, by doing a sloppy work and hoping to "cut edges" you not only damage your own case, but you spoil chances of many others who are trying to get their cases resolved. Your badly prepared case may turn out to be another precedent, like Danilov's decision: CIS have been using that poorly laid out and badly judged case to their advantage and ALL OF US now suffer the consequence.

So PLEASE, before too late, hire a laywer. You have less than 20 days (I think) to Oppose MTD and if you do not oppose it, your judge may rule in defendants' favor.

If you still want to work yourself plan to work 24/7 on your case. I posted a draft and 2 answers to MTD 2 pages ago. Please see them and contact our senior members privately (Paz1960, Wenlock, others) and see if they will be able to help you.

Please, for everybody's sake, do take it seriously!

BTW I attach CA Pro se Handbook, read it for starters. Also-more cases (posted by other members before) with orders to deny MTD and one successful Opposition to MTD. If you need more, please post privately.
 
Hi, Friends:
I looked at the Pacer. Seems the 60days are calculated from the date you served USA (instead of the date they receive it). My serve date is actually 3/8/2007. But I am not an e-file. So they could not read my return of summon from Pacer. Is it possible that USA knows my service date is 3/8/2007 instead of 3/12/07?

I just want to guess the chance that they forgot my case or they are working during weekend on my case?

lazycis said:
If they got it on 3/12, they have a coulpe extra days (5/12 falls on Saturday). So wait until next week, they will respond. You can also try to call your AUSA and ask about your case.
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I just don't want to lose the chance to push them to make a decision.
If on 5/13, they file an anwer. Then I may lose the chance to push the court to rule on 5/12. Is the understanding correct??
 
AUSA still didn't ask for moot of my case

shvili said:
United 2007,

Hell, Yes, it works!!! And your own victory is a proof to that! Although the general "rule of Thumb" is to have a nice working relationship with AUSA asssigned to your case, I would stop trusting the guy/gal immediately once s/he says a miracle was involved in your adjudication. He is lying because he tries to pass a message (with a hope you pass it to all others in your shoes)- that law suit filing does not work. When you clearly have a conflict of interests (AUSA wants number of law suits filed reduced and we hope and know it is usually the only way to press these lazy b-s), you should immediatley mistrust this him/her.

Now, it may be true that your AUSA was lazy enough or just plain lucky so s/he didn't move a finger and CIS just adjidicated your case. But still the only reason it happened is becuase YOU FILED YOUR LAW SUIT. Yes, CIS starts working on your case and sometimes even without an extra pressure from AUSA but the only reaon is your law suit. (I would believe that sometimes-not always-letters to the First Lady may speed up the nc, but to suggest that you miraculously just got adjudicated is the same as thinking that immaculate conception occured in the case of your neighbor's daughter :D .)

So please let's not be so naive.

But I really congratulate you on your victory and please congratulate yourself for doing all the hard work. No matter what AUSA tells you, you won it!
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I have gotten my GC, but the AUSA still does not ask me to dismiss my case. There are only two possibilities for this:
(1) AUSA still does not know my approval.
(2) AUSA wants the judge to rule anyway, and he is confident that the judge's ruling will be against me, (i.e. dismissing my case). I am in NJ district. Recently there are three WOM I485 cases in NJ were dismissed, and there is no I485 WOM ruling favoring us in NJ. I think I have a very strong case (my I-485 delayed is nearly four years, and I have a cleared background check in a separate immigration case). Also, I do think I prepared my OPP in a reasonably careful and comprehensive way. If the judge finally ruled against my case, they will have an overwhelming victory in NJ district, and I485 WOM will become almost impossible in NJ.


This is the reason why I prefer to believe that the real reason is the first posibility.

Best regareds,
 
Then why don't you withdraw your case from the court then? If NJ had a court of favoring plaintiff, then you can keep your case. But now, what do you have to gain not to dismiss the case for moot by yourself?

united2007 said:
I have gotten my GC, but the AUSA still does not ask me to dismiss my case. There are only two possibilities for this:
(1) AUSA still does not know my approval.
(2) AUSA wants the judge to rule anyway, and he is confident that the judge's ruling will be against me, (i.e. dismissing my case). I am in NJ district. Recently there are three WOM I485 cases in NJ were dismissed, and there is no I485 WOM ruling favoring us in NJ. I think I have a very strong case (my I-485 delayed is nearly four years, and I have a cleared background check in a separate immigration case). Also, I do think I prepared my OPP in a reasonably careful and comprehensive way. If the judge finally ruled against my case, they will have an overwhelming victory in NJ district, and I485 WOM will become almost impossible in NJ.


This is the reason why I prefer to believe that the real reason is the first posibility.

Best regareds,
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Another AOS case from N.D. CA -- MTD denied

This is another recent case from N.D.CA. done by professionals not Pro Se. Court denied MTD, stating:
This Court has jurisdiction to hear plaintiff's complaint under both the writ of mandamus and the APA. Plaintiff alleges in her complaint that defendants have delayed over three years in adjudicating her I-485 application. Defendants have provided a detailed description of the FBI name-check process in an attempt to explain the delay. The Court has reviewed defendants' papers, and finds nothing to compel the conclusion that three years is a "reasonable time" as a matter of law. The amount of time that is reasonable is a fact-specific inquiry, which is premature at this stage.​

Here's the actual ruling:
 
Background checks cleared!!!

Hello Everybody;

My application I-485 has been pending since december 2003 and finally after the WOM filed a year earlier, the background checks have cleared. And they have taken my fingerprints which were expired. Now, does anybody have an idea as to how long it would be before they make the final adjudication on my application.

Thank you very much

Sam
 
What's your district? What month did u file wom?
goldspot7 said:
Hello Everybody;

My application I-485 has been pending since december 2003 and finally after the WOM filed a year earlier, the background checks have cleared. And they have taken my fingerprints which were expired. Now, does anybody have an idea as to how long it would be before they make the final adjudication on my application.

Thank you very much

Sam
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Help, Please! Could explain more clear?

w&w said:
Thanks pipidh for sharing your good news. Your case is especially interesting to me because I'm in the same district and I'll file WOM in a few days.

The judge only addressed the jurisdiction issue in the order. He mentioned "whether the delay ... has benn reasonable is best left for another day". Hopefully USCIS will feel the presure and have you case resolved soon. Otherwise it really depends on if the judge consideres your delay as reasonable or not. I have a feeling that the judge is on our side. According to the order, you didn't file opposition to MTD. That's a very import step you missed. Fortunately the judge still denied the MTD.

The order cited several new cases, including the two cases from Pennsylvania (Duan & Song). It's a very good case for preparing opposition to MTD.
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Dear Sir,

Could you explain more clear about "file opposition to MTD"? I got MTD from Government Attonery on May 2, 2007, and did not do anything "opposition to MTD". Do I need to file opposition to MTD? Please help. I will have an ADR conference on May 21! Desperated.

Thanks.
 
amyamy said:
Dear Sir,

Could you explain more clear about "file opposition to MTD"? I got MTD from Government Attonery on May 2, 2007, and did not do anything "opposition to MTD". Do I need to file opposition to MTD? Please help. I will have an ADR conference on May 21! Desperated.

Thanks.
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You do not have to file an opposition, but it is highly recommended to do so. In your opposition you have to analyze MTD received from Government attorney and to explain how far off it is from the truth.
 
james_gmail said:
I just don't want to lose the chance to push them to make a decision.
If on 5/13, they file an anwer. Then I may lose the chance to push the court to rule on 5/12. Is the understanding correct??
Click to expand...

Before the court can rule, you have to file a motion for default judgement. Even if you do file a motion for default judgement, AUSA can file an answer afterwards and your motion will not work. It's next to impossible to get a default judgement against government. Sorry to brings your hopes down, but it's a reality.
 
Help! Please

stillstuck said:
Fianlly, after being stuck in NC for 2 years and 1 month, my oath has been scheduled. I had filed a lawsuit and the AUSA had responded with a MTD around May 1st. On the morning of May 5th, I mailed in my opposition to MTD and on the same evening, I got a letter from AUSA that my oath had been scheduled. Thanks for all the help that I got from people on this forum. If I can be of any help, feel free to ask. Still keeping my fingers crossed, though. will post again once my oath has concluded.
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Dear Sir,

I got MTD from AUSA on May st, and I did not do opposition to MTD yet. Could you share with me how you wrote the opposition to MTD? I have been frustrated about my GC. Thanks.

Amyamy
 
Dear Sir,

I got MTD from AUSA on May st, and I did not do opposition to MTD yet. Could you share with me how you wrote the opposition to MTD? I have been frustrated about my GC. Thanks.

Amyamy
 
1. Lazycis,

Thank you very much. It is helpful.

lazycis said:
Before the court can rule, you have to file a motion for default judgement. Even if you do file a motion for default judgement, AUSA can file an answer afterwards and your motion will not work. It's next to impossible to get a default judgement against government. Sorry to brings your hopes down, but it's a reality.
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