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

lazycis

Lazycis, thanks for the advice, I'm doing a lot reading now, and preparing to fight myself if my case drags on and legal cost becomes too high. You r right, nobody would fight harder for you than yourself.

lazycis said:
You may ask your lawyer to start discovery - prepare a discovery request, etc. I think subpoena to FBI would move your case real fast. Then again, if the lawyer asks a lot of dough for this, you may dump him and proceed yourself. I though the benefit of having a lawyer is that it leads to faster resolution. If that's not the case, you definitely will be able to defend your case better than anyone.
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If you have a mandamus suit pending, do you think it's likely to have problems USCIS at the airport when returning from a foreign trip? Thanks,
Chris
 
Chris

Anything can happen, but if it's ouside of our control, why worry about it? I do not think you'll have more problems if you have a pending lawsuit.
 
Yet another Motion to Dismiss was granted today in the Eastern District of Michigan. This is the 6th consecutive case dismissed here.
 
lazycis

No one has appealed yet so far as I know. At least all the dockets so far shows cases are closed.
In the next few days my MTD will be ruled on and I am determined to go to the appeal if the MTD is granted. Apparently, I will heavily rely on your help during the process.
By the way did you get my email I sent you yesterday?
 
Slow_CIS said:
Yet another Motion to Dismiss was granted today in the Eastern District of Michigan. This is the 6th consecutive case dismissed here.
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I filed WOM to East Pennsylvania District Court. How can I know the information about the Court decision in My District Court. I can't find any information in the district court's official website. Is there any specific website to know these info. Thanks
 
dragon66 said:
I filed WOM to East Pennsylvania District Court. How can I know the information about the Court decision in My District Court. I can't find any information in the district court's official website. Is there any specific website to know these info. Thanks
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You can search cases by party name in pacer and find similar cases in your district. Lazycis is also maintaining a google spreadsheet containing the list of successful lawsuits
http://spreadsheets1.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en
There are a few favorable cases in both Eastern and western districts of PA
 
downloadable orders/opinions

Slow_CIS said:
In my congratulation message to you which was buried under the wave of similar messages, I have already suggested that before you become a less frequently visiting member, it might be a good idea to upload all the orders/opinions that you have downloaded somewhere so that members have access to them. So far as I know, only the lists of the cases are indexed in a google spread sheet that lazy is maintaining. Is there anyway to do it?
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About uploading orders/opinions, I have been uploading them (as well as other useful documents I found in the forums) onto the wiki book at http://en.wikibooks.org/wiki/FBI_name_check (the link is also in my signature)

Working with the wiki book is very simple and you don't need to create an account (it's part of wikipedia system). You don't even need to upload the document if it's been already uploaded in this forum; just the link would work (that's what I have done so far). The only problem is that it's difficult to get the words around and encourage others to use it and contribute to the wiki book.
 
dragon66 said:
I filed WOM to East Pennsylvania District Court. How can I know the information about the Court decision in My District Court. I can't find any information in the district court's official website. Is there any specific website to know these info. Thanks
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You court is one of the few that post opinions. Check this link
http://www.paed.uscourts.gov/usrecent.asp
and this
http://www.paed.uscourts.gov/us03006.asp

You are in good hands, your district is one of the most friendly to our cause.
Cao v. Upchurch, Song v. Klapakis are two cases of the top of my head. Check the spreadsheet for details.
 
Congratulation !!!

AGC4ME said:
Just received this email from AUSA

Congratulations! Your I-485 application was approved (see attached). I understand Ms. XXX’s application is currently under review. I hope you will agree to dismiss the lawsuit once both applications are adjudicated.

Thanks,
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AGC4ME - Congratulation!!!
You deserved it like nobody else
I hope LazyCIS also gets his soon.

You and Lazycis are real Americans.
You are not afraid to challenge anybody who encroached on your freedom,
including FBI, AG, USCIS or anybody else.

Most importantly,
You help to spread freedom and help many people who are in limbo.
You did not hold information just for yourself fearing that FBI retaliates.
I met people from this forum who refused even to help or share information [my guess it was fear from their side].
You are exactly opposite.
You also taught me to be patient and set personal emotions behind
in a very difficult moment.
My hat is off for your help.
 
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wommei said:
Thanks for your reply. I can find a place where I could sign on the cover sheet. But I only found a place where the court clerk can sign on the first page of summons. Could you be more specific about where I should sign on the summons? Also, do you know where I can find a sample of filled summons. I understand that I need to file the second page after I got all the receipts from the postal service. But still it is confusing about how to fill out the second page.
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You don't need to sign the summons, that was my mistake, sorry (forgot already :). Thanks lazyCiS for correcting this.
i saw some sommons on pacer in my district (but never downloaded them), I'm sure you can find some too if you search in your district:
https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00idx

About the summonds and return receit - it's very easy, just fill it up as instructed. Clerk in court told me that all defendants can be put in the same sumoons page (in our district there's a choice to use one summons per defender or all of them on same summons) . On the second pageL fill up the names etx, mark Other box and spedify "certified mail signature requested", also put the date when US attorney received the summons at the top for ""service of summons and compaint was made by me".
If you have more questions, the clerk will help you.
 
greenpea said:
more details here about AUSA's opposition:

1. the mandamus relief requested by plaintiff is improper as it seeks to compel discretionary agency action and would compromise national security and the integrity of the adjudication process

2. this court should not review defendant's discretionary decisons pursuant to the apa of, but if undertaken such review would reveal that plaintiff's application has not been unreasonably delayed.

80% of the file is FBI name check procedure, prior cases, some statutes...

in the opposisiton, ausa mentioned for the first time (i did not know that b4) FBI was done with my name check and sent the result to USCIS. ausa did not say whether my name check has been cleared or not though. weird.

ausa also mentioned for the 1st time (i did not know that b4), my files have been sent to a third party (not FBI or USCIS) to review my eligibility, and have not been sent back to USCIS yet, and that is why my case has been pending. But, ausa did not say clear what that "third party" is....weird
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Take infopass and verify if the name check cleared status is reflected in USCIS systems.
1. There's no discretionary action here. Adjudication of petitions is required of USCIS and Congress has mandated that FBI has to do a name check.
2. Adjudication of petitions do not come under discrete agency committed to agency discretion by law.

FBI does not clear your name check. It indicates to USCIS whether the hit on your name is pertinent to the benefit you requested. So if the hit is because you had a traffic ticket it will send a result "NP" or "NR". But if you a foreign agent then it will send a result "I" or Ident. Its upto USCIS to determine what to do with these codes. This is what USCIS is currently doing right now using this third party. Looks like your case is pretty close to be finalized. what circuit are u in ?
 
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