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Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Thanks Lazycis.
joyeia
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joyeia
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I am afraid you cannot re-file in CAND. You can try though... You can refile in CACD.
If the case is closed it means there is no active proceedings on the case, nothing more. It does not mean you cannot file anything for that case.
parsfalcon
Registered Users (C)
template or example of summary judgement
Hi Fellows;
Does anyone have an example of "motion for summary judgement" in the central district of california? I've been waiting for my citizenship since June 2003, files a lawsuit in Jan. 07, the AUSA file an MTD in April and I responded with an opposition in April, had a court date in June which was cancelled by the judge and I have not heard anything since then. The judge's clerk is not helpful and I want to file a motion for summary judgement and make them rule. Your help greatly appreciated. you can send the files to
aamirich@yahoo.com
is there a way to make the judge rule? She's sitting on her ass and not doing anything for 8 months!
thanks.
parsfalcon
Hi Fellows;
Does anyone have an example of "motion for summary judgement" in the central district of california? I've been waiting for my citizenship since June 2003, files a lawsuit in Jan. 07, the AUSA file an MTD in April and I responded with an opposition in April, had a court date in June which was cancelled by the judge and I have not heard anything since then. The judge's clerk is not helpful and I want to file a motion for summary judgement and make them rule. Your help greatly appreciated. you can send the files to
aamirich@yahoo.com
is there a way to make the judge rule? She's sitting on her ass and not doing anything for 8 months!
thanks.
parsfalcon
you can file an appeal with the US district court of appeals
Filing appeal is the best option. Not only the judge will think twice next time, but AUSA will not be able to use the dismissal agains others. It is possible to appeal and re-file case in another district simultaneously.
worried2007
Registered Users (C)
lazy cis
lazycis,
im tired of the waiting game my lawyer said she talked to the supervisor handling my case and he said that my A file is still at the service center and he is requestiong my file i explained to the lawyer the file was requested on June 18 2007 when my interview was done by the interviweing officer .
lawyer said if we dont hear anything by oct 18 which is my 120 days she will go ahead and file a mandamus , do u know anything about their file transfer policy? and if i file the mandamus how long would it take after that for case to be reolved again i am in the ED of Michigan and my DO is detroit.
lawyer also mentioned that a new director is taking Carol Jenifer place which to her is maybe better with policies and procedures whats ur input on all this?
Filing appeal is the best option. Not only the judge will think twice next time, but AUSA will not be able to use the dismissal agains others. It is possible to appeal and re-file case in another district simultaneously.
lazycis,
im tired of the waiting game my lawyer said she talked to the supervisor handling my case and he said that my A file is still at the service center and he is requestiong my file i explained to the lawyer the file was requested on June 18 2007 when my interview was done by the interviweing officer .
lawyer said if we dont hear anything by oct 18 which is my 120 days she will go ahead and file a mandamus , do u know anything about their file transfer policy? and if i file the mandamus how long would it take after that for case to be reolved again i am in the ED of Michigan and my DO is detroit.
lawyer also mentioned that a new director is taking Carol Jenifer place which to her is maybe better with policies and procedures whats ur input on all this?
Hi,
In Civil Cover Sheet, IV.Nature of suit, which should I choose, 440 Other Civil Rights or 890 Other Statutory Actions?
I chose 440. What will happened if I made the mistake?
thanks
Not big deal. 890 is probably the correct one, but again, it does not really matter
thanks,Not big deal. 890 is probably the correct one, but again, it does not really matter
I just file the complaint to district court, haven't received summons yet. After I received summons and before I mail them to the defedants, can I correct it to 890?
thanks,
I just file the complaint to district court, haven't received summons yet. After I received summons and before I mail them to the defedants, can I correct it to 890?
I think you can just call the clerk and ask him to correct it. You do not need to serve civil cover sheet along with the summons and complaint, so it's easy to fix it anytime, if you want to.
lazycis,
im tired of the waiting game my lawyer said she talked to the supervisor handling my case and he said that my A file is still at the service center and he is requestiong my file i explained to the lawyer the file was requested on June 18 2007 when my interview was done by the interviweing officer .
lawyer said if we dont hear anything by oct 18 which is my 120 days she will go ahead and file a mandamus , do u know anything about their file transfer policy? and if i file the mandamus how long would it take after that for case to be reolved again i am in the ED of Michigan and my DO is detroit.
lawyer also mentioned that a new director is taking Carol Jenifer place which to her is maybe better with policies and procedures whats ur input on all this?
worried,
I do not have any info regarding a new director. I doubt that the changes, if any, will be implemented quickly so your best bet is to file a WOM.
Didn't someone here was looking for opinions in MDFl ?
Yeah, thanks!
I need your help and advice
Lazycis, AGC4ME, and other members,
I need your help and advice on my case.
I just received the “Brief for Respondents” from the trial attorney, John P. Devaney, instead of my AUSA. (I do not know who was supposed to write the Brief for the defendants. And I got the Brief three latter than I was supposed to)
Meanwhile, I was informed that the following three attorneys will enter as counsel:
1. Peter D. Keisler, Assistant Attorney General, Civil Division;
2. Elizabeth Stevens, Senior Litigation Counsel, Office of Immigration Litigation;
3. John P. Devaney, Trial Attorney, Office of Immigration Litigation.
In the brief, their main parts are the following:
Statement of Appellate Standard of Review
The existence of subject matter jurisdiction is a legal question which this Court Reviews de novo. See Yarnevic v. Brink’s, Inc., 102 F.3d 753, 754 (4th Cir. !966).
Argument
I. Statutory And Regulatory Framework
II. The District court lacked jurisdiction to adjudicate plaintiff’s claim of unreasonable delay.
a. The district court properly concluded that it lacked subject matter jurisdiction to consider Plaintiff’s Claims regarding his I-148 application pursuant to 8 U.S.C.1252(a)(2)(B)(ii)
b. No independent jurisdiction exists under the APA because the agency action at issue is committed to agency discretion
III. Plaintiff failed to state a claim in the Mandamus because there is no clear right to the relief sought.
I fee it is tough for me to reply. I do not know what else I can say, as I have argued these two points in my Brief and my former response. I would like to learn your advice. Usually, how many days do I have to reply to their Brief?
By the way, I would very much appreciate if you could recommend a good legal attorney to me in Central Virginia area? I have tried to find one, but it seems no one likes to take care of my case in my city, as they said the law is against me. At least, I have not found one.
Millions of thanks in advance,
Xiaocao
Lazycis, AGC4ME, and other members,
I need your help and advice on my case.
I just received the “Brief for Respondents” from the trial attorney, John P. Devaney, instead of my AUSA. (I do not know who was supposed to write the Brief for the defendants. And I got the Brief three latter than I was supposed to)
Meanwhile, I was informed that the following three attorneys will enter as counsel:
1. Peter D. Keisler, Assistant Attorney General, Civil Division;
2. Elizabeth Stevens, Senior Litigation Counsel, Office of Immigration Litigation;
3. John P. Devaney, Trial Attorney, Office of Immigration Litigation.
In the brief, their main parts are the following:
Statement of Appellate Standard of Review
The existence of subject matter jurisdiction is a legal question which this Court Reviews de novo. See Yarnevic v. Brink’s, Inc., 102 F.3d 753, 754 (4th Cir. !966).
Argument
I. Statutory And Regulatory Framework
II. The District court lacked jurisdiction to adjudicate plaintiff’s claim of unreasonable delay.
a. The district court properly concluded that it lacked subject matter jurisdiction to consider Plaintiff’s Claims regarding his I-148 application pursuant to 8 U.S.C.1252(a)(2)(B)(ii)
b. No independent jurisdiction exists under the APA because the agency action at issue is committed to agency discretion
III. Plaintiff failed to state a claim in the Mandamus because there is no clear right to the relief sought.
I fee it is tough for me to reply. I do not know what else I can say, as I have argued these two points in my Brief and my former response. I would like to learn your advice. Usually, how many days do I have to reply to their Brief?
By the way, I would very much appreciate if you could recommend a good legal attorney to me in Central Virginia area? I have tried to find one, but it seems no one likes to take care of my case in my city, as they said the law is against me. At least, I have not found one.
Millions of thanks in advance,
Xiaocao
use lazycis appellate court brief posted
at http://boards.immigration.com/showpost.php?p=1770112&postcount=12847.
Simple.
8 U.S.C. 1252(a)(2)(B)(ii) applies to decisions or actions the authority for which is specified to be discretionary in the entire subchapter. The subchapter actually defines some actions (deportation, detention etc) that the attorney general has full discretion. It also has some decisions such as adjusting an alien for which he has full discretion. Courts should find the definition of such words within the statute. The delay in adjudication or the pace of adjudication is not defined as discretionary in the subchapter hence district court erred in saying that it lacked jurisdiction.
This is not an agency action committed to agency discretion. USCIS has to issue a decision on the adjustment of status. FBI has been mandated by Eisenhower administration to provide FBI name checks for all purposes including immigration.
Applicant has a right to have his application adjudicated. That would be your clear right to relief.
And above all allege that the defendants violated 103.2(b)(18).
at http://boards.immigration.com/showpost.php?p=1770112&postcount=12847.
Simple.
8 U.S.C. 1252(a)(2)(B)(ii) applies to decisions or actions the authority for which is specified to be discretionary in the entire subchapter. The subchapter actually defines some actions (deportation, detention etc) that the attorney general has full discretion. It also has some decisions such as adjusting an alien for which he has full discretion. Courts should find the definition of such words within the statute. The delay in adjudication or the pace of adjudication is not defined as discretionary in the subchapter hence district court erred in saying that it lacked jurisdiction.
This is not an agency action committed to agency discretion. USCIS has to issue a decision on the adjustment of status. FBI has been mandated by Eisenhower administration to provide FBI name checks for all purposes including immigration.
Applicant has a right to have his application adjudicated. That would be your clear right to relief.
And above all allege that the defendants violated 103.2(b)(18).
Also read the judgment posted here
http://boards.immigration.com/showpost.php?p=1782156&postcount=13177
by lazycis
http://boards.immigration.com/showpost.php?p=1782156&postcount=13177
by lazycis
Just filed
I wanted to thank everyone on this portal for the inspiration, courage and advice you gave me in preparation of my law suit. Today I filed a 1447(b) petition pro se. We'll see what happens. You are a tremendous resource for regular people like me, and my only regret is that I have not filed sooner. Thanks again, all of you.
I wanted to thank everyone on this portal for the inspiration, courage and advice you gave me in preparation of my law suit. Today I filed a 1447(b) petition pro se. We'll see what happens. You are a tremendous resource for regular people like me, and my only regret is that I have not filed sooner. Thanks again, all of you.
Hi AGC4ME,
Thank you sooooooo much for your help on this matter. I will try to write the reply based on lazycis.
Hi AGC4ME,
Thank you sooooooo much for your help on this matter. I will try to write the reply based on lazycis.
xiaocao,
Use also AILF amicus posted here
http://boards.immigrationportal.com/showpost.php?p=1783293&postcount=13212
Can you post a reply brief from AUSA?
And do not be intimidated by AUSA attorneys. It's a usual practice to use 3 attorneys on the governments side in immigration cases because immigration laws are sooo complicated.
As to how much time you have to respond, call the clerk. My feeling is that they will ask you to submit formal brief first in 40 days, then AUSA will file formal brief in 30 days, than you will have 14 days to file a reply brief. So do not rush, check with the clerk first.
Keep us posted, we are rooting for you!
lazycis
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N400-Misery
Registered Users (C)
Any kind of help would be appreciated N400 Pending
Hi all:
We all know that USCIS changed the way they do things back in April of 2006 as a result of the increasing number of WOM cases.
They no longer call N400 applicants for an interview until the name check clears even if it takes 10 years.
Having said that, I submitted an N400 on 11/04/2006, was fingerprinted on 12/6/07 and still have not recieved anything from the USCIS.
Note:
I was arrested about 5 1/2 years ago and charged with a misdemeanor class C (Theft) but the case since has been dismissed and EXPUNGED (completely removed from the record. Does anyone think that it might have any affects on the Name Check or possibly the outcome of any future interview? This was in Texas.
I have been to one InfoPass appointment and filed two Service Referrals through the 800 number. I get the normal answer: Pending Background check.
My question is: Can I still file a WOM even though I have not been interviewed by the USCIS.
If yes, what are my chances to win a WOM case.
If no, what else can I do to have my name check expedited...
One more thing: There is some kind of Buzz about a decision made by the Fifth Circuit Court of Appeals on 09/14/07 in the Walji case. Any comments on that? Can we benefit from that somehow?
I would appreciate any comments from anyone.
Wish everyone the best of luck.
Hi all:
We all know that USCIS changed the way they do things back in April of 2006 as a result of the increasing number of WOM cases.
They no longer call N400 applicants for an interview until the name check clears even if it takes 10 years.
Having said that, I submitted an N400 on 11/04/2006, was fingerprinted on 12/6/07 and still have not recieved anything from the USCIS.
Note:
I was arrested about 5 1/2 years ago and charged with a misdemeanor class C (Theft) but the case since has been dismissed and EXPUNGED (completely removed from the record. Does anyone think that it might have any affects on the Name Check or possibly the outcome of any future interview? This was in Texas.
I have been to one InfoPass appointment and filed two Service Referrals through the 800 number. I get the normal answer: Pending Background check.
My question is: Can I still file a WOM even though I have not been interviewed by the USCIS.
If yes, what are my chances to win a WOM case.
If no, what else can I do to have my name check expedited...
One more thing: There is some kind of Buzz about a decision made by the Fifth Circuit Court of Appeals on 09/14/07 in the Walji case. Any comments on that? Can we benefit from that somehow?
I would appreciate any comments from anyone.
Wish everyone the best of luck.
have u seen my MSJ yet ? What mistakes have I made ?
Where are pages 3, 7, 10, 18 and 24 from the supporting memorandum? Did they lose 'em during scanning?
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