Sure, the more - the better
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
- Thread starter Publicus
- Start date
Sure, the more - the better
Waitforsolong:
I'm planning to write this in my 1447(b) original Complaint:
---The Defendants have failed to properly adjudicate the Plaintiff’s application. They have failed to adhere to their own regulations and have improperly delayed the processing of Plaintiff’s N-400 application after the Plaintiff had submitted a properly executed application and got finalized the FBI security check (the most difficult part of the process). The language of 8 USC 1447(b) says: If there is a failure to make a determination under section 1446 of this title before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.
---The Plaintiff meets all the statutory requirements for naturalization. See 8 U.S.C §1427(a); INA § 316(a). Also, mentioned in the M-476 (A guide to naturalization) that:
a. Physical presence and continuous residence in the USA. See 8 U.S.C §1427(a)(1),(a)(2)---It is proved by the Plaintiff’s employment history.
b. Time in the USCIS District. ---It is confirmed by Plaintiff’s residence history.
c. Good moral character. See 8 U.S.C §1427(a)(3); 8 C.F.R. § 316.10.---It is confirmed by FBI security clearance.
d. English and civic knowledge---Plaintiff’s N-652 form verified it.
e. Attachment to the constitution---Plaintiff affirmed it during his interview on XXX, 2008.
I'm planning to write this in my 1447(b) original Complaint:
---The Defendants have failed to properly adjudicate the Plaintiff’s application. They have failed to adhere to their own regulations and have improperly delayed the processing of Plaintiff’s N-400 application after the Plaintiff had submitted a properly executed application and got finalized the FBI security check (the most difficult part of the process). The language of 8 USC 1447(b) says: If there is a failure to make a determination under section 1446 of this title before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.
---The Plaintiff meets all the statutory requirements for naturalization. See 8 U.S.C §1427(a); INA § 316(a). Also, mentioned in the M-476 (A guide to naturalization) that:
a. Physical presence and continuous residence in the USA. See 8 U.S.C §1427(a)(1),(a)(2)---It is proved by the Plaintiff’s employment history.
b. Time in the USCIS District. ---It is confirmed by Plaintiff’s residence history.
c. Good moral character. See 8 U.S.C §1427(a)(3); 8 C.F.R. § 316.10.---It is confirmed by FBI security clearance.
d. English and civic knowledge---Plaintiff’s N-652 form verified it.
e. Attachment to the constitution---Plaintiff affirmed it during his interview on XXX, 2008.
Waitforsolong; In the end I would write:
PRAYER FOR RELIEF
WHEREFORE, in view of the arguments and authority noted herein, Plaintiff respectfully prays that the Defendants be cited to appear herein and that, upon due consideration, the Honorable Court enter an order:
a. Assume jurisdiction over this matter.
b. Provide a de novo hearing and conduct the Plaintiff’s oath in the court in order to naturalize him because Plaintiff fulfills all the statutory requirements of the United States Citizenship as indicated in XXX
c. Declare that the Defendants’ failure to act is illegal, arbitrary, capricious, and abuse of discretion.
d. If relief (b) is not possible then Compel Defendants and those acting under them to immediately adjudicate Plaintiff’s application for naturalization before more harm is incurred.
e. Award Plaintiff reasonable costs and attorney’s fee of this suit. Attached hereto as Exhibit “10”
PRAYER FOR RELIEF
WHEREFORE, in view of the arguments and authority noted herein, Plaintiff respectfully prays that the Defendants be cited to appear herein and that, upon due consideration, the Honorable Court enter an order:
a. Assume jurisdiction over this matter.
b. Provide a de novo hearing and conduct the Plaintiff’s oath in the court in order to naturalize him because Plaintiff fulfills all the statutory requirements of the United States Citizenship as indicated in XXX
c. Declare that the Defendants’ failure to act is illegal, arbitrary, capricious, and abuse of discretion.
d. If relief (b) is not possible then Compel Defendants and those acting under them to immediately adjudicate Plaintiff’s application for naturalization before more harm is incurred.
e. Award Plaintiff reasonable costs and attorney’s fee of this suit. Attached hereto as Exhibit “10”
Chrismartin76
Registered Users (C)
Hi All,
This is rather late, but I was notified on April 1 (ha!) that USCIS had ordered my GC! I received it in the mail a few days later.
In October' 07 I filed a mandamus suit, then granted two 60-day extensions, a 30-day extension and a 15-day extension. I finally told the US Atty's office that I would file a motion for summary judgment when the 15-day extension ended. Just before the end of that extension I got the email from USCIS and a phone call from the USA's office to inform me about the GC too.
Thanks for Publicus and Lazycis in particular and everyone else on this forum for helping me with information over the last two years. I filed my GC application in Dec. 2004, at which point it immediately went into the name check phase and froze. So it's been a long wait.
Good luck to all of you who still have pending suits. If you want to look up my case, by the way, it's Martin v. Chertoff in the Northern District of Georgia:
http://dockets.justia.com/docket/court-gandce/case_no-1:2007cv02602/case_id-146587/
-Chris
This is rather late, but I was notified on April 1 (ha!) that USCIS had ordered my GC! I received it in the mail a few days later.
In October' 07 I filed a mandamus suit, then granted two 60-day extensions, a 30-day extension and a 15-day extension. I finally told the US Atty's office that I would file a motion for summary judgment when the 15-day extension ended. Just before the end of that extension I got the email from USCIS and a phone call from the USA's office to inform me about the GC too.
Thanks for Publicus and Lazycis in particular and everyone else on this forum for helping me with information over the last two years. I filed my GC application in Dec. 2004, at which point it immediately went into the name check phase and froze. So it's been a long wait.
Good luck to all of you who still have pending suits. If you want to look up my case, by the way, it's Martin v. Chertoff in the Northern District of Georgia:
http://dockets.justia.com/docket/court-gandce/case_no-1:2007cv02602/case_id-146587/
-Chris
Hey, Chrismartin76,
Congratulations! That is great news and I am really happy for you. It is good that you get your green card before you have to offer extensions with hours as units.
I filed my suit around the same time and still need to fight hard for the retrogression. I may have to wait for a couple of weeks or months for the ruling. But I am glad that at least some people could get out of the green card prison soon by filing writ of mandumus.
Congratulations! That is great news and I am really happy for you. It is good that you get your green card before you have to offer extensions with hours as units.
I filed my suit around the same time and still need to fight hard for the retrogression. I may have to wait for a couple of weeks or months for the ruling. But I am glad that at least some people could get out of the green card prison soon by filing writ of mandumus.
Hi all,
I finally have filed my 1447(b) lawsuit on April 1st and finished the proof of service with filing on April 22. So now should I try to contact the US attorney general office and if it yes, do you know the phone # for the Los angles US attorney office. Thank you for your help.
I finally have filed my 1447(b) lawsuit on April 1st and finished the proof of service with filing on April 22. So now should I try to contact the US attorney general office and if it yes, do you know the phone # for the Los angles US attorney office. Thank you for your help.
The easiest way to get AUSA contact info is to open your case in PACER and check attorney's info.
sweetapple
Registered Users (C)
Hi All:
I filed my 1447b law suit on May 20 in person. but I still didn't get the summons yet, hence I can not mail the copies of complaints to defendants. I did get the receipt and the case number, though. Today I went to the court again and asked why it took so long. I was told that I have to wait because I filed the case without a lawyer, and it takes more time to serve the summon if no lawyer is involved.
Is this true? What's the typical waiting period for getting the summons after filing the lawsuit? If the first step takes this long, I have a hard time to imagine to be a citizen this coming Nov
Thanks!!!
I filed my 1447b law suit on May 20 in person. but I still didn't get the summons yet, hence I can not mail the copies of complaints to defendants. I did get the receipt and the case number, though. Today I went to the court again and asked why it took so long. I was told that I have to wait because I filed the case without a lawyer, and it takes more time to serve the summon if no lawyer is involved.
Is this true? What's the typical waiting period for getting the summons after filing the lawsuit? If the first step takes this long, I have a hard time to imagine to be a citizen this coming Nov
Thanks!!!
mish
Hey, mish,
Here is the information I found on the internet. The 60-day deadline runs starting from the date when US attorney got your summon and complaint. For example, if the US attorney's office got them on April 5th, then their deadline is June 5th. But you can contact them before the deadline is up and find out what is their plan. You can find who is the assistant US attorney in charge of your case either by calling the US attorney's office or by log in Pacer and check that information, like lazycis suggested.
Thomas P. O’Brien, USA*
1200 U.S. Courthouse
312 North Spring Street
Los Angeles, CA 90012
Web Site | Press Release PHone: (213)894-2434 Fax: (213)894-0141
Hey, mish,
Here is the information I found on the internet. The 60-day deadline runs starting from the date when US attorney got your summon and complaint. For example, if the US attorney's office got them on April 5th, then their deadline is June 5th. But you can contact them before the deadline is up and find out what is their plan. You can find who is the assistant US attorney in charge of your case either by calling the US attorney's office or by log in Pacer and check that information, like lazycis suggested.
Thomas P. O’Brien, USA*
1200 U.S. Courthouse
312 North Spring Street
Los Angeles, CA 90012
Web Site | Press Release PHone: (213)894-2434 Fax: (213)894-0141
I'm in favor of filing 1447b and requesting hearing on the matter/preliminary injunction a couple weeks after the complaint is served upon AUSA. I am yet to hear about the case that was adjudicated after sending draft complaint to the USCIS.
sweetapple
Hey, sweetapple,
That is very strange. I filed lawsuit on September 27, 2007 and got all the summons the same day and I am in Northern Illinois district court. And I mailed summons and the complaints the same day. If you filed that in person, I really don't see a reason that you shouldn't get the summons the same day.
Hey, sweetapple,
That is very strange. I filed lawsuit on September 27, 2007 and got all the summons the same day and I am in Northern Illinois district court. And I mailed summons and the complaints the same day. If you filed that in person, I really don't see a reason that you shouldn't get the summons the same day.
Hi All:
I filed my 1447b law suit on May 20 in person. but I still didn't get the summons yet, hence I can not mail the copies of complaints to defendants. I did get the receipt and the case number, though. Today I went to the court again and asked why it took so long. I was told that I have to wait because I filed the case without a lawyer, and it takes more time to serve the summon if no lawyer is involved.
Is this true? What's the typical waiting period for getting the summons after filing the lawsuit? If the first step takes this long, I have a hard time to imagine to be a citizen this coming Nov
Thanks!!!
Hi All:
I filed my 1447b law suit on May 20 in person. but I still didn't get the summons yet, hence I can not mail the copies of complaints to defendants. I did get the receipt and the case number, though. Today I went to the court again and asked why it took so long. I was told that I have to wait because I filed the case without a lawyer, and it takes more time to serve the summon if no lawyer is involved.
Is this true? What's the typical waiting period for getting the summons after filing the lawsuit? If the first step takes this long, I have a hard time to imagine to be a citizen this coming Nov
Thanks!!!
Looks like you asked court to serve the summons. You should've performed service by certified mail instead. It usually takes 3-4 weeks for US marshalls to serve summons.
sweetapple
Registered Users (C)
Hi Lazycis:
I think I have some misunderstanding with regard to the process. So, I should
fill up the summon sheet and mailed to the defendants right way? But, I thought
that the court has to sign the summon sheet first. Actually, it seems to me that almost all the cases filed by lawyer serve the the summons through the court.
So, what should I do now? Just mail the summons with the front page filled
with the case no and serve the defendants. Then when the receipt of the certified mail comes back, I will file the proof of service with the court..
Please clarify. Thanks again for your help!
I think I have some misunderstanding with regard to the process. So, I should
fill up the summon sheet and mailed to the defendants right way? But, I thought
that the court has to sign the summon sheet first. Actually, it seems to me that almost all the cases filed by lawyer serve the the summons through the court.
So, what should I do now? Just mail the summons with the front page filled
with the case no and serve the defendants. Then when the receipt of the certified mail comes back, I will file the proof of service with the court..
Please clarify. Thanks again for your help!
sweetapple
Registered Users (C)
Hi wommei:
Thank you for your quick response. Each court is different. When I filed the lawsuit at the MD court, I told the clerk that plaintiff who files the lawsuit in person should expect to get summons right way. But she said this isn't true because she has to check with judge and etc, and I should expect to get the summons in mail within 7-10 business days. Now, it's over 10 business days
I still didn't get the summons yet.
Should the law clerk sign the summon page before you mail to the defendants?
Thanks!
Thank you for your quick response. Each court is different. When I filed the lawsuit at the MD court, I told the clerk that plaintiff who files the lawsuit in person should expect to get summons right way. But she said this isn't true because she has to check with judge and etc, and I should expect to get the summons in mail within 7-10 business days. Now, it's over 10 business days
I still didn't get the summons yet.
Should the law clerk sign the summon page before you mail to the defendants?
Thanks!
Hey, sweetapple,
That is very strange. I filed lawsuit on September 27, 2007 and got all the summons the same day and I am in Northern Illinois district court. And I mailed summons and the complaints the same day. If you filed that in person, I really don't see a reason that you shouldn't get the summons the same day.
The process may be different in your court. Court can have its own local rules. Usually, you bring filled summons for all defendants with you when you file a complaint. The clerk signs summons and stamps court seal on them. You then make copy of those and serve originals on all defendants along with a copy of your complaint.
Talk to your court clerk. They may not be willing to issue duplicate summons. In that case you will wait a little bit longer, but do not lose sleep over it, eventually US marshalls will do their job. If court will issue duplicate summons, you can serve them along with complaint via certified mail+return receipt requested.
The most important part is to serve complaint to your local AUSA as it will start 60 day count for AUSA to respond. So if you have copies of the summons, you can just serve them+complaint upon AUSA and let US marshalls to do their job regarding defendants. As long as you file proof of service before answer is due, you'll be in a good shape.
If the clerk said you'll get summons in the mail, then you can wait for those, eventually you'll get them.
how to find the written opinions by a particular judge?
Hey, lazycis and others,
Do you know if there is a way to search the cases or written opinions by a particular judge in Pacer or justia? I tried in justia.com today and found that my judge was sued along with USA as a defendant, which is not a good sign. He also has the reputation of not being sypathetic to the plaintiffs in civil rights lawsuits. So I am eager to find out some old cases that he presided over and how he made rulings in those cases. Any suggestions?
Hey, lazycis and others,
Do you know if there is a way to search the cases or written opinions by a particular judge in Pacer or justia? I tried in justia.com today and found that my judge was sued along with USA as a defendant, which is not a good sign. He also has the reputation of not being sypathetic to the plaintiffs in civil rights lawsuits. So I am eager to find out some old cases that he presided over and how he made rulings in those cases. Any suggestions?
sweetapple
Registered Users (C)
Hi Lazycis:
Thanks for your prompt reply. I really appreciate your help.
Actually, when I filed the complaint and I brought the filled summons with me.
But the clerk refused to sign and stamp court seal on my filled summons. She told me I have to wait for 7-10 business days before they serve the summons, and they will mail it to me. This is the typical way that court does its business, and it doesn't matter if you file in person or via the mail.
So without summons being signed and stamped. can I still send the copies of summon and complaints to the AUSA? The 60day period starts to count after
the AUSA gets the complaints, correct?
Thanks for your prompt reply. I really appreciate your help.
Actually, when I filed the complaint and I brought the filled summons with me.
But the clerk refused to sign and stamp court seal on my filled summons. She told me I have to wait for 7-10 business days before they serve the summons, and they will mail it to me. This is the typical way that court does its business, and it doesn't matter if you file in person or via the mail.
So without summons being signed and stamped. can I still send the copies of summon and complaints to the AUSA? The 60day period starts to count after
the AUSA gets the complaints, correct?
sweetapple,
I checked the federal rules about how to serve summons. You probably can find those rules on the website of the court. I think the seal and signiture are required for summons. So it is better to wait for the summons (the ones with seal or signatures) in the mail.
I checked the federal rules about how to serve summons. You probably can find those rules on the website of the court. I think the seal and signiture are required for summons. So it is better to wait for the summons (the ones with seal or signatures) in the mail.