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

mt100

Check this ruling, it seems that it is possible but it is not so easy to reopen action dismissed voluntarily
http://www.paed.uscourts.gov/documents/opinions/99D0215P.pdf
So I agree with Paz that it's better to sign a joint stipulation and retain the right to reopen, which is permissible under rule 41 or ask AUSA to file another extension. If you dismiss it voluntarily, they can potentially drag it for another 120 days.
 
greenpea said:
thanks! I guess i won't be able to file my msj until 11/23 (that is the day by which i anticipates the discovery documents). let's say 11/30. then 12/21 ausa cross-msj and opposition, then 1/12 my opposition to their cross-msj; so 12/31 as the cutoff date for all motions seems doable then.
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greenpea,

Unless the schedule is set by the court, check your local rules. For example, rule 7 of the local rules of Western District of Washington says "All motions shall include ... the date the motion is to be noted for consideration upon the court's motion calendar." and "all dispositive motions shall be noted for consideration no earlier than the fourth Friday after filing and service of the motion. Any opposition papers shall be filed and served not later than the Monday before the noting date."
 
how should I respond to the judge's order?

I filed WOM for my long delayed I-485, which has been pending name check for over 3 years. The AUSA filed a motion to dismiss, which was denied by the judge. In his order, the judge asked the AUSA and the defendants to (1) provide evidence within 60 days showing that their delaying my application for more than three years is reasonable and (2) ask the defendants to file an motion for summary judgement on the reasonableness 14 days within providing the evidence to the court and the plaintiff (that is me).

I have been following this forum for a long time and there were cases in this forum that judge asks both parties to file a cross MSJ. But I never really seen any cases with judges ordering only defendants to file an MSJ. (Maybe I missed some posts). Anyway, What should I do next then?

(1) Should I file a cross motion for summary judgement? or (2) should I file an opposition to their motion to summary judgement? or (3) Should I initially discovery right now? (4) should I do nothing, just wait for the judge's ruling?

I am just confused. Any advise on what I should do next? Thanks, everybody.
 
brownbag

The order is good for you, but do not let up and fight until you win. Send a request for documents (see the template on page 464) and prepare your MSJ. After the defendants file their MSJ, file your MSJ combined with opposition to defendants MSJ.
 
lazycis said:
The order is good for you, but do not let up and fight until you win. Send a request for documents (see the template on page 464) and prepare your MSJ. After the defendants file their MSJ, file your MSJ combined with opposition to defendants MSJ.
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Lazycis, thank you very much for your reply. I have two more questions.

(1) When you say "send a request for documents", would this be the same as initiating discovery? Should I do it right now, or wait until the defendants send me their documents of reasonableness ordered by the judge?

(2) Since the judge orders the defendants to file a motion for summary judgement, if I files an opposition to their MSJ, would this be treated as disrespect to the court?

Thanks, Lazycis.
 
1. Your request for documents will be a part of discovery, yes. You should not wait for defendants response, they may not provide the info you need to prevail on MSJ.

2. There is nothing wrong with it, The judge did not order you not to submit the opposition, right?
 
Please help to analyze

Dear Lazycis, AGC4ME and all senior members,
I read a similar case in my court, actually the attorney for plaintiffs
is exactly my attorney when I applied 140 and 485. I did not hire her
as my attorney for law suit. The attached file is from AUSA, reply and
memo in supporting their MTD. I do not mind what he said in his memo,
but he cited my case and analyzed alot in his memo. My AUSA did not
file anything yet after Judge ordered. I do not know if he would like to
appeal, I hope not. I have zero knowledge to go further for litigation.
I do not have knowledge and courage as Lazycis !
Lazycis, please help to read the memo, do you think this will affect
my order ? Do you think this will make my judge change his mind to
re-order my case ? I am a little nervous about this, because this
case is in my court, just assigned different judges. The AUSAs are in
the same office, and they have the same United States Attorney. I
worried this will affect my AUSA to fight further back.
Please have you comments.

Thanks,

Yaoming
 
nothing but a bunch of lies

It is clear that AUSA does not get it at all. Iddir applied for the same adjudstment of status, as we are, under 8 usc 1255. The difference is just visa category. The AUSA makes a big deal of it and compares apples with oranges, 8 usc 1255 with 8 usc 1154. I would respond that employment-based visas in 8 usc 1154 have the same mandatory language quoted in Iddir. And AUSA admits that 8 usc 1154 creates mandatory duty :)
 
liuym said:
Dear Lazycis, AGC4ME and all senior members,
I read a similar case in my court, actually the attorney for plaintiffs
is exactly my attorney when I applied 140 and 485. I did not hire her
as my attorney for law suit. The attached file is from AUSA, reply and
memo in supporting their MTD. I do not mind what he said in his memo,
but he cited my case and analyzed alot in his memo. My AUSA did not
file anything yet after Judge ordered. I do not know if he would like to
appeal, I hope not. I have zero knowledge to go further for litigation.
I do not have knowledge and courage as Lazycis !
Lazycis, please help to read the memo, do you think this will affect
my order ? Do you think this will make my judge change his mind to
re-order my case ? I am a little nervous about this, because this
case is in my court, just assigned different judges. The AUSAs are in
the same office, and they have the same United States Attorney. I
worried this will affect my AUSA to fight further back.
Please have you comments.

Thanks,

Yaoming
Click to expand...

Need a bit more details. Has your case been decided. Was the MTD denied or your MSJ granted ? If so don't worry. Judges will not change their decisions.
 
Amended MSJ filed

it's been a tough week. I think I did my best. I could have done better but Judge Papak wants to conclude this case as quickly as possible.

Paz, nice to see you around and helping us folks.
 
Finally!!

TODAY is the day! Finally after waiting and struggling and fighting for so long and when I feel most despair, I got the good news.

I was unable to come to this forum for some time, just to update all with my case development. I was waiting for more than 6 month for judge ruling on MTD and was in the process of preparing and filing of MSJ. I've decided to wait another month to file since I got the response letter from Ombudsman saying they initiated a formal inquiry and should hear from USCIS soon. Then judge ordered scheduling conference. Then USCIS filed their decision-approval of my AOS application. Everything happened within short period of time, after long time of no action, I was overwhelmed. I agree with other members that once USCIS got motivated, they can move very fast.

My case is one of those most simple case yet had to wait more than 4 years. I feel so grateful to this forum, and the active members, like paz1960, Lazycis, AGC4ME, Lotechguy, many more... For those who still fighting and waiting, please do not give up. I know the feeling how despair you can be, but fighting back is still the only way to have your case resolved.



paz1960 said:
My first reaction would be that you should trust your lawyer and indeed there is no way to force the judge to rule on the MTD. But I remember a posting from lazycis (maybe to the same question posted by you) and I must agree with him/her. According to that post you can appeal at the Circuit Court or you can file a MSJ (the judge will need to rule on the MSJ).

I still would try to negotiate with your lawyer. You should tell him/her that you are determined to go ahead and press your case either with or without him/her. If you discharge him/her, s/he will get less attorney fee, if you maintain him/her, s/he will charge you more, so in theory it is his/her interest to stay with you and write that MSJ. If this negotiation doesn't work, and you are really serious to push your case, you can do it pro se or you can hire another lawyer who is willing to continue the fight. It is not an easy decision and probably will cost you more money but I don't have any better suggestion.
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Bou said:
TODAY is the day! Finally after waiting and struggling and fighting for so long and when I feel most despair, I got the good news.

I was unable to come to this forum for some time, just to update all with my case development. I was waiting for more than 6 month for judge ruling on MTD and was in the process of preparing and filing of MSJ. I've decided to wait another month to file since I got the response letter from Ombudsman saying they initiated a formal inquiry and should hear from USCIS soon. Then judge ordered scheduling conference. Then USCIS filed their decision-approval of my AOS application. Everything happened within short period of time, after long time of no action, I was overwhelmed. I agree with other members that once USCIS got motivated, they can move very fast.

My case is one of those most simple case yet had to wait more than 4 years. I feel so grateful to this forum, and the active members, like paz1960, Lazycis, AGC4ME, Lotechguy, many more... For those who still fighting and waiting, please do not give up. I know the feeling how despair you can be, but fighting back is still the only way to have your case resolved.
Click to expand...

Fantastic Bou, We are happy for you. You were really patient. Now enjoy.
 
Thanks, Lazycis and AGC4ME

Dear Lazycis and AGC4ME,
Thank you very much for your reply. It is really helpful.
AGC4ME, my judge has ordered on my case, granted my
summary judgment, denied defendants' MTD, and ordered
defendants to adjudicate my 485 forthwith. I also found
my case was terminated after judge's order.
Thanks again.

Yaoming

lazycis said:
It is clear that AUSA does not get it at all. Iddir applied for the same adjudstment of status, as we are, under 8 usc 1255. The difference is just visa category. The AUSA makes a big deal of it and compares apples with oranges, 8 usc 1255 with 8 usc 1154. I would respond that employment-based visas in 8 usc 1154 have the same mandatory language quoted in Iddir. And AUSA admits that 8 usc 1154 creates mandatory duty :)
Click to expand...
 
Congratulations

Bou, congratulations ! Enjoy your freedom!
Yaoming

Bou said:
TODAY is the day! Finally after waiting and struggling and fighting for so long and when I feel most despair, I got the good news.

I was unable to come to this forum for some time, just to update all with my case development. I was waiting for more than 6 month for judge ruling on MTD and was in the process of preparing and filing of MSJ. I've decided to wait another month to file since I got the response letter from Ombudsman saying they initiated a formal inquiry and should hear from USCIS soon. Then judge ordered scheduling conference. Then USCIS filed their decision-approval of my AOS application. Everything happened within short period of time, after long time of no action, I was overwhelmed. I agree with other members that once USCIS got motivated, they can move very fast.

My case is one of those most simple case yet had to wait more than 4 years. I feel so grateful to this forum, and the active members, like paz1960, Lazycis, AGC4ME, Lotechguy, many more... For those who still fighting and waiting, please do not give up. I know the feeling how despair you can be, but fighting back is still the only way to have your case resolved.
Click to expand...
 
lazycis said:
1. Your request for documents will be a part of discovery, yes. You should not wait for defendants response, they may not provide the info you need to prevail on MSJ.

2. There is nothing wrong with it, The judge did not order you not to submit the opposition, right?
Click to expand...

Thank you very much, lazycis. I am so glad that I have found this forum. Always very helpful. Thanks for everything.
 
Good luck to your MSJ

Hi AGC4ME,
Good luck to your MSJ.
I am praying for your MSJ.

Yaoming

AGC4ME said:
it's been a tough week. I think I did my best. I could have done better but Judge Papak wants to conclude this case as quickly as possible.

Paz, nice to see you around and helping us folks.
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Congratulations Bou!

I think I will try this Ombudsman too. Could you tell us how did you do it? If there is a sample write up, could you please post?

Thanks
 
AGC4ME said:
it's been a tough week. I think I did my best. I could have done better but Judge Papak wants to conclude this case as quickly as possible.

Paz, nice to see you around and helping us folks.
Click to expand...

You have my sympathy AGC4ME. You may try giving your screen name to me and getting a new screen name AGC4MYWIFE, or something like that :).
 
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