case filed in Southern District of New York (NYC)

E

ernorman

Registered Users (C)
I filed the formal complaint against USCIS in S.D.N.Y.

Typed up 80+ pages of complaint and exhibits over the weekend. Went into Pro Se office. The clerk is nice and professional. He said since I am not an attorney, they prepare the cover page for me. :) He took 10 minutes to scan thru the case and said "Good", sign it. He said I need to prepare 10 copies since I need to give them 3 copies and I name 5 defendants plus U.S. Attorney. I asked him how soon I can serve them papers, he said "today". He had to prepare the cover page and assign two judges on this type of case. He seems to be very familiar with this type of case and said "any correspondence between you, USCIS, and US Attorney, we want to know and we have to have a copy.

After half an hour, it is all done and I have 6 copies with Court's red stamp in hand. I served the paper to all defendants plus U.S.D.A. I went back and asked him how soon I should report to the Court and all defendants are served. He said get at least 3-4 "green card" back and come here again (but I don't have to have all evidences of serving them.)

Is it all done? Yup. He then told me that many many others are suing. "Take a look yourself.." I put a query of my last name as plantiff.... Woof............................

Suing government is nice and easy. :p
 
ernorman said:
Forgot....

Thanks for "windywd" for help and guidance....
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You are welcome. :)

Soon, you will find the DA is professional and courteous. Anyone except Immigration looks like they at least have bachelor degree. :)

Be aware though: The green card can take a while (I always suspect they intentionally hold it to delay the 60-day clock. Alternatively, you can use usps.com and have the tracking info printed out. Court usually doesn't have problem on this.

Good luck.

Keep us informed.
 
I am thinking of having my friend who is living in D.C. to serve them in person. It will probably save me a few days. :rolleyes:

How much chance you think I will have to argue in federal court? Do I have to be prepared to retain an attorney? BTW, do I really need one? My English is good enough to argue for myself. ;)
 
Don't bother serve in person. You have to Fedex your friend and he has to Fedex you back. Just want a little bit patient, yeah? I know you are excited. :) Oh, you can pay Wantmygreencardnow to serve them, I kinda of remember he lives in D.C. :D Plus, he works for U.S.P.S. :D :D

According to http://immigrationvoice.org/forum/showthread.php?t=1088, that attorney has yet to see any of his client to argue in court. I haven't heard of any (except one guy had some questionable money flows into Afganistan and he was charged with tax evasion). Be prepared, though.
 
Windywd,

I received a letter from NSC, saying that "every effort has been made to respond to your request on a timely manner...."

I still don't know which "request" they are talking about. Is it my original expedite request, or my demand letter to DHS counsel office... Hopefully it is not the inquiry I made couple of years ago regarding my asylum app...

Do I need to file this with the court or let D.A. know? It's been only two weeks...
 
Lazerthegreat said:
good job ernorman!! :)
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Lazer,

Being a dinousaur that USCIS loves like you (no offense), I think you should explore the possibility of counting your waiting time toward you citizenship...
 
ernorman said:
Windywd,

I received a letter from NSC, saying that "every effort has been made to respond to your request on a timely manner...."

I still don't know which "request" they are talking about. Is it my original expedite request, or my demand letter to DHS counsel office... Hopefully it is not the inquiry I made couple of years ago regarding my asylum app...

Do I need to file this with the court or let D.A. know? It's been only two weeks...
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Honestly, that seems to be a routine message. This is like their response to the referral: either "Your case is pending blah, blah" or "Our processing time is XXX..."

I will give them one or two more weeks... but at the same time...

Prepare a memo of law in case they challenges your petition,

There are several possible grounds:

subject matter jurisdiction
mandamus juridiction
moot as relief is restricted and limited
remand to USCIS since district court lacks resources

Do some research and tell me if need any help..... :)
 
ernorman said:
Windywd,

did you see my email last night? any comment on the case?
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You mean Yang v. Chertoff CV 06-2351?

I expect he should be approved shortly although his ND is 04/04. The Judge simply denied U.S. Attorney's motion to dismiss. Now, it is going to discovery stage. USCIS has to produce documentation about their adjudication process, as well as statistics about the number of cases processed in each time bucket.

I don't know how the statistics would look like, but even if there are 10% or 20% of ND 05 approved as of today, he will definitely raise the issue of due process and equal protection, both of which are Constitutional violations. USCIS has to have something to show the Court the justification, in the legally permissiable basis, that caused different treatment. Past conviction, evidence of fraud, misrepresentation, will be valid reason; but not "his name is too common." Suppose USCIS can't have any legally permissible grounds for the delay, the Court does have the power to put him in the equal footing in the adjudication process as if the law were complied with by USCIS.

We will see it proceeds.
 
windywd said:
You mean Yang v. Chertoff CV 06-2351?

I expect he should be approved shortly although his ND is 04/04. The Judge simply denied U.S. Attorney's motion to dismiss. Now, it is going to discovery stage. USCIS has to produce documentation about their adjudication process, as well as statistics about the number of cases processed in each time bucket.

I don't know how the statistics would look like, but even if there are 10% or 20% of ND 05 approved as of today, he will definitely raise the issue of due process and equal protection, both of which are Constitutional violations. USCIS has to have something to show the Court the justification, in the legally permissiable basis, that caused different treatment. Past conviction, evidence of fraud, misrepresentation, will be valid reason; but not "his name is too common." Suppose USCIS can't have any legally permissible grounds for the delay, the Court does have the power to put him in the equal footing in the adjudication process as if the law were complied with by USCIS.

We will see it proceeds.
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today i got hold of the AUSA who was assigned to handle my case. he told me he has my file just few days ago. he also told me that he believes that my case would be resolved "administratively". he told me that he talked with "cheif service center counsel" (who????) and would follow up with her next week.

to my surprise he is very nice and professional, although he did not give me a lot of information. he said his job is not to win the case, but ensure justice prevails...
 
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