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

finally my documents are being scanned and loaded in to ECF. I was kinda concerned that they haven't done it for the past 2 days.
 
Lazycis,

Thanks a lot for your prompt reply!

I was thinking to make my MSJ really simple: Lose reasonable time criteria (TRAC, etc.) and just take them up on non-compliance with §103.2(b)(18). It makes a real clear cut if they can't demonstrate the record. What do you think, guys? Has anyone seen them produce a record for § 103.2(b)(18)?

Thanks!


lazycis said:
1) We maintain the spreadsheet for AOS cases here (you'll need gmail account to view it):
http://spreadsheets1.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en

2) I did use it in my reply brief (page 429(?) of this thread)
Click to expand...
 
how to label exhibits in the complaint in WOM?

I used some pretty color labeling the exhibits during I140 petition. But now I need to make 8 copies of complaints and feel it is too much work to label the exhibits for each copy. Can I just write "exhibit A" on the first item that I want to use as exhibit? Is it crucial to label all the exhibits? Thanks
 
lotechguy said:
Springbranch,
From what I have seen different district offices/service ctrs are following two different 2nd FP rules. Some are automatically scheduling 2nd FP in the 16 month after the first FP irrespective of wether something has changed or not ie name check came or not. Others will just wait and schedule only when name check comes. so if it is around 15-17 months after your first FP then chances are that it is a routine 2nd FP, however if its more than that then name check is clear. Also try and find out how your DO is doing this.
Click to expand...

The 2. Finger printing notice came from Texas Service Center not from my local DO.
 
wommei said:
I used some pretty color labeling the exhibits during I140 petition. But now I need to make 8 copies of complaints and feel it is too much work to label the exhibits for each copy. Can I just write "exhibit A" on the first item that I want to use as exhibit? Is it crucial to label all the exhibits? Thanks
Click to expand...

Exhibit A will do just fine. You do not earn any points for presentation. :) It's useful to include a list of all exhibits before the first exhibit and come up with a title for each exhibit (i.e. Exhibit A. I-485 Receipt).
 
wom said:
Lazycis,

Thanks a lot for your prompt reply!

I was thinking to make my MSJ really simple: Lose reasonable time criteria (TRAC, etc.) and just take them up on non-compliance with §103.2(b)(18). It makes a real clear cut if they can't demonstrate the record. What do you think, guys? Has anyone seen them produce a record for § 103.2(b)(18)?

Thanks!
Click to expand...

I doubt § 103.2(b)(18) has been followed in our cases. But to use it for MSJ you have to prove that the USCIS did not follow the procedure. You can sent a discovery request to produce compliance record first and affidavit that the procedure has been followed and then go for MSJ. Were you able to access the spreadsheet?
 
Yes, I was able to access the spreadsheet. Thanks!

Isn't is sufficient to allege a non-compliance with § 103.2(b)(18) and let the defendants prove otherwise?

Thanks for your help!

lazycis said:
I doubt § 103.2(b)(18) has been followed in our cases. But to use it for MSJ you have to prove that the USCIS did not follow the procedure. You can sent a discovery request to produce compliance record first and affidavit that the procedure has been followed and then go for MSJ. Were you able to access the spreadsheet?
Click to expand...
 
wom said:
Yes, I was able to access the spreadsheet. Thanks!

Isn't is sufficient to allege a non-compliance with § 103.2(b)(18) and let the defendants prove otherwise?

Thanks for your help!
Click to expand...

Not for MSJ. You can do it in the complaint, but MSJ has to be based on undisputable facts.
 
vicky2006 said:
Thank you very much KBLI, the link will be very helpful. There is one thing I forgot to say. It has been over 60 days since I filed WOM, i didn't file motion for sumamry judgement, because I heard even though you filed it, the judge will not grant it if the defendant is the government.
Click to expand...

Good news! I got a letter from the first lady today that says my name check was processed and finalized on August 14, 2007. The results were forwarded to the USCIS headquarters, washingtion, DC.

I will give the credit to WOM. It is WOM that make it happen!!!

So how long it takes for USCIS to make the decision. As I said in previous posts, I just got the notice for second finger print. will I get my green card soon?

Also do i need to communicate with the US atterny now, since he said he will file motion to dismiss on the status hearing yesterday.
 
Last edited by a moderator:
Friends, Please Suggest (485 lawsuit case)

Friends,

Please suggest.

I got suggestion from Assistant District Attoerney:
(1). They waive the motion to dismiss
(2). Both party proceeds directly to motion for summary judgement without oral argument.

The oringal hearing for motion to dimiss is one month later. Now the proposed time line for motion for summary judgement is two months later.

Friends, please suggest whether I should take this (I am doing Pro Se).

Thank you very much for your suggestion!
 
Should I take the "without oral argument"? If so, I believe I am contrainted from finding a lawyer to represent me, is that understanding right? Even I find a lawyer, he can only argue for me in writing, is that correct?
 
james_gmail said:
Friends,

Please suggest.

I got suggestion from Assistant District Attoerney:
(1). They waive the motion to dismiss
(2). Both party proceeds directly to motion for summary judgement without oral argument.

The oringal hearing for motion to dimiss is one month later. Now the proposed time line for motion for summary judgement is two months later.

Friends, please suggest whether I should take this (I am doing Pro Se).

Thank you very much for your suggestion!
Click to expand...

I'd agree. You do not lose much. Who needs oral argument anyway, especially Pro Se? MSJ does take more time, so that's understandable.
 
hello, everybody
today i just return the summons to the court. i think i shoud talk to SUSA maybe tomorrow. So i have a question i m gonna ask him if my name check is cleared or ask him about any news about my case , that s my first time calling susa. and thank you all for your help
 
Hi, Lazycis,

Thanks a lot for your reply.

I got a question.
Is here any regulation that the court should decide the case once the motion for summary judgement and oppositions are filed by both party? In the stipulation by the attorney, we did not explicitly propose the date for the judge to make decision. I am thinking whether I should ask the attorney to add the date?

Also, I just saw a thread in this website saying that the court does not usually grant the montion of summary judgement because the defendant is the government. Is that true? Did you see any grant of summary of judgement in favor of the plaintiff?

Thank you very much for your help!

lazycis said:
I'd agree. You do not lose much. Who needs oral argument anyway, especially Pro Se? MSJ does take more time, so that's understandable.
Click to expand...
 
james_gmail said:
Also, I just saw a thread in this website saying that the court does not usually grant the montion of summary judgement because the defendant is the government. Is that true? Did you see any grant of summary of judgement in favor of the plaintiff?
Click to expand...

I think you confused summary judgment with default judgment. The courts don't grant default judgment in government defendant cases but they sure can grant summary judgment favoring either party.
 
lazycis said:
I doubt § 103.2(b)(18) has been followed in our cases. But to use it for MSJ you have to prove that the USCIS did not follow the procedure. You can sent a discovery request to produce compliance record first and affidavit that the procedure has been followed and then go for MSJ. Were you able to access the spreadsheet?
Click to expand...

I think requesting documents related to § 103.2(b)(18) is a good idea for MSJ. lazycis, could you comment on the following wording?


"An affidavit stating whether procedures defined in 8 CFR § 103.2(b)(18) have been followed on Plaintiff's AOS application.
If 8 CFR § 103.2(b)(18) has been followed, all documents related to the reviews of Plaintiff's application required by 8 CFR § 103.2(b)(18)".
 
james_gmail said:
Hi, Lazycis,

Thanks a lot for your reply.

I got a question.
Is here any regulation that the court should decide the case once the motion for summary judgement and oppositions are filed by both party? In the stipulation by the attorney, we did not explicitly propose the date for the judge to make decision. I am thinking whether I should ask the attorney to add the date?

Also, I just saw a thread in this website saying that the court does not usually grant the montion of summary judgment because the defendant is the government. Is that true? Did you see any grant of summary of judgment in favor of the plaintiff?

Thank you very much for your help!
Click to expand...

U r welcome. Unfortunately FRCP do not provide a timeframe for the judge to rule on MSJ. So you probably cannot put a specific date in a stipulation.

I've seen plenty of cases where MSJ has been granted for Plaintiff (Aboushaban v. Mueller, Liu v. Novak, etc.). It is different from default judgment, as w&w noted.
 
w&w said:
I think requesting documents related to § 103.2(b)(18) is a good idea for MSJ. lazycis, could you comment on the following wording?


"An affidavit stating whether procedures defined in 8 CFR § 103.2(b)(18) have been followed on Plaintiff's AOS application.
If 8 CFR § 103.2(b)(18) has been followed, all documents related to the reviews of Plaintiff's application required by 8 CFR § 103.2(b)(18)".
Click to expand...

I like it.
 
You must log in or register to reply here.
Top