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

yiliuer said:
LazyCIS,

Thanks very much for your reply.

I just spoke with ADR officer and the AUSA in the ADR conference. Obviously ADR is not a good way of solving the issue. But the ADR mediator did mention to my AUSA, asking that if she would contact those government agencies, including FBI and USCIS. The AUSA said that she already contacted them and will let me know as soon as she heard anything back.
That was really encouraging. Although I still have to go to the Case Management Conference tomorrow to deal with her and the judge again, I feel excited because for the first time I was made aware that the AUSA is actually doing something to push forward the case, not just waiting doing nothing or counting my petition.
Don't know if USCIS or FBI will cooperate. How is the trend recently?

MY WOM was submitted in Sept 6, 2007, 9th District Northern CA
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You have a very good trend in your district. Expect AUSA work to resolve your case or otherwise she will be slammed by the court order and will have to do it anyway.
So tomorrow you should say that you are going to initiate discovery. Ask AUSA how much time they need to respond to your discovery request. 30-45 days should be enough. Say that after the discovery you are going to file a motion for summary judgment.
 
lazycis said:
According to the recent decison in Hussain v. Chertoff, the second interview for naturalization should be conducted within 120 days of the first interview. The USCIS has no right to request the second interview without your consent after 120 days.

http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=wolf/pdf/hussain publish.pdf

"Subsequently, USCIS requested a second interview of Hussain. The request was not timely because a second interview must be conducted within 120 days of the first. See 8 C.F.R. §335.3(a). 8 C.F.R. §335.3(a) says:
Rather than make a determination on the application, the Service officer may continue the initial examination on an application for one reexamination, to afford the applicant an opportunity to overcome deficiencies on the application that may arise during the examination. The officer must inform the applicant in writing of the grounds to be overcome or the evidence to be submitted. The applicant shall not be required to appear for a reexamination earlier than 60 days after the first examination. However, the reexamination on the continued case shall be scheduled within the 120-day period after the initial examination, except as otherwise provided under § 312.5(b) of this chapter. If the applicant is unable to overcome the deficiencies in the application, the application shall be denied pursuant to § 336.1 of this chapter.

Moreover, USCIS refused to describe the reasons for the requested second interview or the evidence to be submitted as required by the relevant regulation. Id. USCIS sought to justify its position by reference to the information's classified nature. Id. Hussain declined to be interviewed without the notice required by regulation. Id. ... Moreover, the court noted that it might not have the authority to order an additional interview without Hussain's consent. Id."
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This is simply lovely. God bless the Federal Courts! ps: FutureUScitizen,waitingforcs etc take a note! :D
 
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parsfalcon said:
many thanks.

I'll post an update on 12/20/2007 when I get back from my oath ceremony. I've been waiting to get my citizenship for 4 and half years and I can't believe it till I have the certificate in my hand since back in 2003 the USCIS scheduled the interview 3 times and cancelled 3 times and did not rescheduled till I got Sen. Feinstein's office involved.

I appreciate every one's help and guidance during my very very long fight, from late 2003 till now, and wish everyone the best and I hope USCIS realizes that their flow is broken and they have to fix it.

cheers,

parsfalcon
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parsfalcon,
I had the same deliema and contacted an attorney for advice. He said only "without Prejudice" should be signed before Oath. If after Oath you can
sign "With Prejudice". The logic here is that till you actually get administered the Oath you have not got what you want ie "A final Decision by DHS" so you reserve the right to reopen the case. After the Oath you have got what you asked so case can only be dismissed with prejudice for sake of judicial economy.
 
LazyCIS,

I feel very sorry for your case. I am sure you won't let USCIS take over like that. You are the inspiration of this forum.
As to the discovery, it is a topic that was discussed before between AUSA and I and she said that the discovery in this district usually doesn't help. I looked through quite a few example Joint Case Management Statements in my district and all of them declare that discovery is not needed.

So I will mainly aim for a MSJ for the CMC tomorrow. I will bring a template for Discovery and see if there is a chance for discovery.

Thanks very much, and best luck for your case.



lazycis said:
You have a very good trend in your district. Expect AUSA work to resolve your case or otherwise she will be slammed by the court order and will have to do it anyway.
So tomorrow you should say that you are going to initiate discovery. Ask AUSA how much time they need to respond to your discovery request. 30-45 days should be enough. Say that after the discovery you are going to file a motion for summary judgment.
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yiliuer said:
LazyCIS,

I feel very sorry for your case. I am sure you won't let USCIS take over like that. You are the inspiration of this forum.
As to the discovery, it is a topic that was discussed before between AUSA and I and she said that the discovery in this district usually doesn't help. I looked through quite a few example Joint Case Management Statements in my district and all of them declare that discovery is not needed.

So I will mainly aim for a MSJ for the CMC tomorrow. I will bring a template for Discovery and see if there is a chance for discovery.

Thanks very much, and best luck for your case.
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Hey, no need to feel sorry about me. I've got my green card, that's why my appeal was dismissed. :)

You should insist on discovery as you have to show that the delay is unreasonable. Say that discovery will be limited to administrative record.
 
hi lazycis and all other friends
me and my wife's NC cleared on nov 16th 2007 according to
infopass
what should i do now?
thanks for ur input.
 
Amen !!

AGC4ME said:
...... India is not a bad place to live and raise kids either....
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Some of my friends who didn't want to come to USA and settled in/around Bangalore at year 2000 are in better shape ( many own 2 homes - yeah palace like homes with maids :) . The other home rent for good amount) . I came here in 2000 and feel like in suspended animation.
 
lazy

Did the government file a motion to dismiss? If not, could you have waited till they file for dismiss for mootness? I would appreciate your input on that as I might encounter a similar situation if I am lucky.
By the way, today I submitted my brief on the last minute. I am eager to see the appellees' brief in a month to see what they will come up with.
 
eliama said:
thank you for your reply SLOW_CIS
i am ready to keep pushing but very unfamiliar with the appeal procedure.
what are the fees involved and do we have any reference cases in support ?

it will be great if you can give me some more information.
thank you for your help.

PS: what do you think about the EAD of feb 07 getting updated on oct 28.
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eliama,
1-The only fees involved for pro se proceedings is the filing fee which is $455. That is all, except mailing/priniting/copying costs.

2- the reference cases are in a spreadsheet maitained by lazycis http://spreadsheets.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en
My case is in early appeal process and still far from the ruling, but you can use mine as an example.

3- I do not have any idea about the EAD update on your profile. I hope someone is touching your file or something has moved positively for you.
Let me know if you have further questions.
 
to:mt100 and lazycis:
cong. mt100 I am really happy for you . I saw you got your citizenship 11 month after filling wom, its too long because one of my friend got it just 3 month after filling wom I want to know why did this case take time and what is the common time for cases like this?
thanks
 
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lazycis said:
Is your last name Soliman? :) Your court recently decided I-485 case Soliman v. Gonzales and denied MTD. Just wait, there is no need to do anything yet.
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Hi lazycis, I wish that was my case. :p
How long does it usually take for the judge to make any decision on MTD?
 
Slow_CIS said:
Did the government file a motion to dismiss? If not, could you have waited till they file for dismiss for mootness? I would appreciate your input on that as I might encounter a similar situation if I am lucky.
By the way, today I submitted my brief on the last minute. I am eager to see the appellees' brief in a month to see what they will come up with.
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Yes, they did file a motion to dismiss on 12/3. AILF provided a template to AUSA. I did not have much of a choice as I agreed that AILF will represent my interests. The circuit precedent was not in my favor. See Cruz v. Farquharson, 252 F.3d 530, 533 (1st Cir. 2001). I have mixed feeling about it because it was against my will.
Now Liu's case from the 3rd circuit becomes the first one in line.
Congrats on meeting the deadline. I know that you have much more important things to do.
 
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milena said:
As more and more of these cases shows up in the courts, the USA & CIS will also adjust their tactics to lessen their work load and will seriously challenge
more of these law suit to create a deterrence such as the case of S. Tex District.

There are lot of common questions about summons, certificate of service and serving the defendant and filing as civil case or miscellaneous. These are
tried and true methods.

The normal/traditional process which have already been explain on this site
is serve each defendants, HD, CIS, FBI, AG, etc. (including AUSA) with a summon and mail each with certified mail and pay the $350 filing fee and last file a certificate of service.

However if your district court does provide this service there is a better way
which reduce paper and cost. Instead Use the money saved in pacer to size up your type of case. The summon is part of the petition.
File as Miscellaneous Case - filing fee is $40.
Ask clerk if they file electronically. All defendants will be served with out needing to mail them a physical summon-- this will also be order by the judge.
No need for certificate of service, but you can always send one if you need reassurance.

So lawyers around the country file their legal brief electronically, there is no reason a pro se can not use this method just as effectively than the snail mail routine. Again please check with your district court clerk for this stream line procedure. It economical and fast track everything.
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Looks like this is what I am going through right now......except i dont know if most of the things are done electronically...

my timeline
-------------------
PD: 06/20/2005
FPD: 12/2006
ID: 02/2006
NAME CHECK PENDING
(received replies from USCIS, vice president, First Lady, FBI, congressman, senator. Done infopass. There is nothing else I could do more, other than filing a lawsuit)
1447(b): - 12/13/2007
They changed the category to Miscellanous filing. cost $39
 
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RYCeT said:
Hi lazycis, I wish that was my case. :p
How long does it usually take for the judge to make any decision on MTD?
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Oh, well. Better luck next time :)
Anyway, there is no need to worry, your district is one of the best for Wom sufferers. Check Soliman's case timeline in pacer if you want to estimate how long does it take for the judge to make a ruling on MTD.
 
Slow_CIS said:
I will be happy if I can provide any input.
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Slow_CIS, Thank you so much for your offer of help. I have just seen your this input. I tried to send you a private message with my brief, appendix, and the defendant's brief but didn't find the icon to attach the documents. Can somebody here give me some instruction for how to attach in a private message? Thanks!
 
eliama said:
i was checking my portfolio online and i noticed that my EAD that i have received sometimes in feb of 2007 was updated on oct 28, 2007.
the judge dismissed my WOM on oct 31 2007.
i sent no documents or what so ever since the WOM in july 07.

it does not make any sense, why they go back to a document that was completed. Did they put a note there saying " BAD GUY DO NOT RENEW HIS EAD" ?????

i am wondering if i should consider it good news, the case is moving, or they are trying to get me.

what do you guys think ???
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eliama, here I input my EAD situation just for your information. My WOM was dismissed in Sep. and I filed appeal that is pending now. I filed EAD renewal for both my wife and me on Oct. 2 to NSC. We received letters from NSC on Dec. 10 requesting us to retake and submit photos since the photos I submitted are in low quality, which is true. I haven't check our EAD situation yet but I think they do not seem to be retaliating on our EAD. You may not have to worry about that.
 
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