BCIS Processing More Asylee Adjustment Cases In Response to Ngwanyia v. Ashcroft

Edison

Registered Users (C)
BCIS Processing More Asylee Adjustment Cases In Response to Ngwanyia v. Ashcroft

http://www.ailf.org/lac/lac_lit_090403.asp

In response to the class action lawsuit Ngwanyia v. Ashcroft , No. 02-CV-502 (D. Minn.), the BCIS has begun approving a larger number of asylee adjustment applications than in prior years. From an all-time low of 2,532 asylee adjustments in 1999, the agency adjusted 9,713 asylees in FY 2002. The Nebraska Service Center (NSC), which handles asylee adjustment applications, recently announced that it has shifted additional resources to asylee adjustment cases for the remainder of this fiscal year. See NSC Update on I-485s, I-765s and I-131s , p osted on AILA InfoNet at Doc. No. 03073141 ( July 31, 2003 ). This shift in resources is a clear effort by the agency to increase the number of asylee adjustment applications that it approves before the end of the fiscal year. It reflects a demand by the Ngwanyia Plaintiffs that the agency actually use the full 10,000 asylee adjustment slots that were set-aside by the President in FY 2003.

In Ngwanyia v. Ashcroft , more than 50 asylees sued the former INS over its failure to properly administer the asylee adjustment program. The Court has certified a class of all asylees with pending adjustment applications. In addition to insuring that all 10,000 asylee adjustment slots are actually used each year, the plaintiffs are also demanding that the agency use 22,000 asylee adjustment slots that were set aside but never used in past years. The Plaintiffs, represented by AILF, served the government with a motion for summary judgment last week, in which they ask the Court to order the Defendants to use these additional 22,000 numbers at this time.
 
I think we have to sue them too. The petition has little use. 50 ppl lawsuit has such big effect. Why can't we sue them. We have 1000 ppl signed the petition, it will be a big class action lawsuit.

I think ultimately we have to sue.
 
Originally posted by dengdeng
I think we have to sue them too. The petition has little use. 50 ppl lawsuit has such big effect. Why can't we sue them. We have 1000 ppl signed the petition, it will be a big class action lawsuit.

I think ultimately we have to sue.

dengdeng,
Even I feel that we should go for class action law suit.


More reference:
http://www.rreeves.com/pub_067.htm
(courtesy: dengdeng and lpdpatna)
 
Can we add in the petition that if BCIS don't take any actions in one month, we'll start a class action lawsuit?

I think we should prepare for such lawsuit this month.
 
Originally posted by dengdeng
Can we add in the petition that if BCIS don't take any actions in one month, we'll start a class action lawsuit?

I think we should prepare for such lawsuit this month.

I don't think it is appropriate to threaten BCIS in the petition. It would be better if we just provide the reference to law about the definition of backlog and reason time.
 
We should sue BCIS for delay and descrimination.

I think the lawsuit itself does not mean we have to win it. But it is a strategy to voice our concern and let the media and publicity to put some presure on BCIS.

I think the local district justice will accept it as a case. As long as BCIS takes very very long time to fight the lawsuit, the more and more people will know the fact that they are not properly doing what they are supposed to do. The point is we need to let more and more people know it.
 
Please note down the very good comment of ayansgp from TSC forum.

Originally posted by ayansgp
Think we should learn something from these asylees:

1) They certainly have more back-bone than highly educated people in this forum.

2) More unity than people in forums similar to these.

3) They are demanding benefits, and we don't even have the guts to demand justice.


OOOOOOOOOO!!! Lookout BCIS is coming to get you slaves... they are gonna find your application among 5 million applications and deny that. So, go sit on your lazy a***s and pray to the higher powers for your turn.

:mad: :mad: :mad:
 
The reason we have to file lawsuit is because other ppl are filing the lawsuits and we are not. BCIS will no look at our cases if we don't voice our anger.
 
Originally posted by dengdeng
The reason we have to file lawsuit is because other ppl are filing the lawsuits and we are not. BCIS will no look at our cases if we don't voice our anger.

Most of us don't know the tactic used by BCIS to drop the class action law suit. If a group sue BCIS then BCIS handles the cases of the individuals filed law suit to drop the class the class action law suit.
 
Why two threads on same topic ?

Hi Edison,
We already have a fresh thread with a clear subject line "VSC_BCIS should be sued......" created by Tines. So i request you to delete this thread and move the action back to that thread.
 
I agree that we should sue BCIS for this kind of delay. We can hire a lawyer and he can file a lawsuit on basis of I-485 applicants. Even if we collect $50 per person, we should be able to have enough money to pay to lawyer.

The downside can be that BCIS might start denying more cases but I think this is worth taking a chance instead of this long wait and uncertainty.

We need to do something otherwise delays are going to reach 3years.
 
Re: Why two threads on same topic ?

Originally posted by dsatish
Hi Edison,
We already have a fresh thread with a clear subject line "VSC_BCIS should be sued......" created by Tines. So i request you to delete this thread and move the action back to that thread.

Just to create awareness mentioning facts. Most of us read only the general problem not individual problem.

Daily you can see lot of threads about the same questions regarding EAD and AP, some stupid religious discussions, some questions like "how to send lap top to India", "How to send pickles(1amShantanuB created this at CSC mocking at laptop question)", "leaving child in India",.........
So It doesn't matter if we have two threads about same important issue like this. Most of us will ignore one of this thread or both these threads, so it will see it's natural end.

If preferred I can request moderator to merge the other thread with this one, so It won't look like the individual situation.
 
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Why would they deny any case? They can't go outside their legal limits to deny someone, and if you are legally filing for Adjustment, you should NOT be afraid of denial.
 
Originally posted by kjkool
Why would they deny any case? They can't go outside their legal limits to deny someone, and if you are legally filing for Adjustment, you should NOT be afraid of denial.

No, BCIS won't do that. They will fight against us but not against judicial system.
 
Yeah I agree that if you are legal then there is no reason of denial but one should be prepared because anything could happen. You should hope for best and expect for worse.
 
Originally posted by Edison
No, BCIS won't do that. They will fight against us but not against judicial system.


Edison, I think even ACLU can represent us for free.
 
How do we make that happen? I think we should have some kind of meeting with them and get there feedback on this. I am positive that they would provide us with better suggestion. In order to enter the BLACK HOLE of BCIS we need some kind of proffesional help.
We all need to get together and do something.
 
Cinta, sunk1ng and all,

Let's do some more reasearch on ACLU. What is the proper channel to approach ACLU?
 
Originally posted by Edison
Cinta, sunk1ng and all,

Let's do some more reasearch on ACLU. What is the proper channel to approach ACLU?

Edison,

CAn visit the web site. They have a legal department and handled immigration issues in the past. We can send them the petition also as a beginning.
About AILA? I am not sure.
About AILF? I am not sure.

How about sending the petition to Amnesty International? Human rights..It sounds a bit far-fetched, but is an important organisation.
 
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