Here is the Govt's Response to The complaint

Disappointed with their reply.

What will they have to reply by the end of April? Mr Khanna, what are you thinking about their answer? and what can we do now?
 
Originally posted by operations
I cannot believe they took 90 plus days to prepare this response. It is a whole lot of nothing.

If you want to compare the paragraphs, the original complaint is at:
http://boards.immigration.com/showthread.php?s=&threadid=107834
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I'm not surprised that DHS/CIS denied all the allegations. If they accept the problem then they would have taken measures to solve the problem. This clearly proves that CIS has no intentions to reduce the backlog.
 
Originally posted by operations
I cannot believe they took 90 plus ......
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I believe a sympathetic judge would see this response as USCIS trying to bullying their way by:

1. not accepting court’s jurisdiction
2. not owning responsibility of backlog
3. turning a deaf ear and blind eye to the plight of helpless EB AOS petitioners. Wherever USCIS says “they do not believe”, they are telling the court that it (the hardships) might be happening but the plaintiff’s have to present the proofs. And I am sure every one would be happy to present that. In fact, we would be more than happy to narrate our story.

I know that the court is to respond of class certification by 30th April. With this response, would the court respond with whether to accept or dismiss the case as requested by USCIS? If yes, is there a time line for that.
 
SUMMARY

The way I understood the whole thing:

1: They deny all and ask the court to throw away the Class Action claim, kind of a short cut to victory and dismissal.
2: They concentrated on the plaintiffs and most of their claims depend on their individual cases.i.e. approved, existing H1-b visas, no need for multiple EADs, etc. Interesting!
3: They claim that Section 204 of Public Law 106-313 DOES NOT TRANSLATE into any obligations for timely processing. No mention of other sections, like the one before, defining what a "Backlog" is (Section 203, 180 days). They are basically telling us and Congress that you can pass any Law and Act and we will act the way we want. What an arrogance!!!!!!!!!!!!
By the way this law was incorporated into the Homeland Security Act (Section 458, etc) which is proudly listed in the USIC web site as well as the AC-21 law. They claim the same for the Federal Administrative Procedure Act. Interesting disregard of several Laws/Acts.
4: They also claim ignorance of the issues/problems. Ignorance usually goes very well with arrogance.
5: As far as the repeated FPs, they simply call for FBI help. Maybe they should put these into the INA itself.

Comments: It does not look like they learnt any lesson from the Assylee case and the Judge's decision about the EADs. They claim that we have H1-B and so we do not need to apply for yearly EAD!!
I think that we should let them know that they also violated the INA itself by not allocating the numbers for EB immigrants from most probably 1998?? Certainly for 2002,2003...
 
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Thaughts

What are yr thaughts Rajiv.....?? I guess instead of extending these posts again with members discussions if's and but's it would be better if you respond to all as to what this response means...........
 
As all of you I felt disppointed and humilated by their answer. Even though I am not expert in law, they seems bully claim every charge has no ground. They did not violate any thing. So the question to Mr Rajiv, what is the next step, court hearing? certification of class action? I don;t see why we shouldn;t get class certification, back when I was reading a few people involved in lottery GC filed they class action successfullu (then the USCIS granted all application to dimiss the case, usual strat.).
 
Re: Thaughts

Originally posted by dmun
What are yr thaughts Rajiv.....?? I guess instead of extending these posts again with members discussions if's and but's it would be better if you respond to all as to what this response means...........
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You can read through it yourself and express an opinion. None of us is a lawyer but is not difficult to understand. As per the threads, they are still useful, and Rajiv has the last word as a Moderator.
 
Mistakes :
On page4(item 12), they say that Mr Kandasamy's I485 is approved by Nebraska Service Center where as it is actually approved by VSC.
On page 20, they say "WHEREFORE" instead of "THEREFORE".

I noticed them when i took a quick glance (just 5 minutes) at their repsonse. God knows, how many errors are there in their response.
 
Originally posted by dsatish
Mistakes :
On page4(item 12), they say that Mr Kandasamy's I485 is approved by Nebraska Service Center where as it is actually approved by VSC.
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I laughed at that error (cut and paste technology of word processor), so I couldn't believe any of their reply for our complaint. It is a very good example of misrepresenting the facts.
 
Wow! What an arrogance this is.


If they think they can't accept this as a class action suit then there should be a way to add thousands of IP.com guys who have already expressed their willingness to be part of the suit.

Questioning the court's jurisdiction seems like a desperate attempt and hopefully will invite the fury of the judge(s) to do fair justice.

We should take our time to prepare our course of action but certainly give them a big punch when our time comes. Meanwhile, we should also highlight their attitude towards congress resolutions to some congressmen who are already heated up in this election year. The Defendants are cunning and we should show them we are smart.

Rajiv,

If I may say this, we are all fully with you in this case and also be responsible for any financial obligations that have to be met anytime during the course of this suit. Please advise us accordingly.
 
Originally posted by Edison
I laughed at that error (cut and paste technology of word processor), so I couldn't believe any of their reply for our complaint. It is a very good example of misrepresenting the facts.
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Presenting factual errors has become their way of life :mad:
 
Boy... what an arrogance..

They seem to treat everyone like a dirtbag.. !!! How can we challenge this ? what's the next step? We are all willing to fork whatever is necessary... efforts, money and resources..
 
Can we not go back and say that the plaintiffs cases which were given approval were approved after dec, I mean, after the lawsuit was filed.. Most of the "denied" statement has been because of thier approval as they are no longer facing any hardships...

Is govt thinking that there are only these 6 plaintiffs ?? what and how will they respond if we show 1000-2000 more plaintiffs names, and other thousands of members who are in various stages of gc ?
 
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Re: Boy... what an arrogance..

Originally posted by umyal
They seem to treat everyone like a dirtbag.. !!! How can we challenge this ? what's the next step? We are all willing to fork whatever is necessary... efforts, money and resources..
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We are almost ready with the new organization to fight for legal immigrants. We should be making the announcement within 2 or 3 days about the "immigrationportal.ORG" . Let us collect funds and organize ourselves into a strong force.
Note : Please do not reply to this message. Let us use this thread for discussing the Govt's response.
 
DENIED ??

===========

41. Congress has clearly expressed an opinion that a reasonable time for AOS adjudications is approximately six months

Denied ..

42. The Defendants have clearly exceeded the bounds of reasonableness in the time for adjudications.

Denied

========


Why would they deny this ?? the whole case was based on this ..
 
I summarize CIS reply as:
1. CIS denies all the injuries to plaintiffs ,
2. CIS denies all the grounds for relief , and
3. CIS denies all the counts of infraction.

I interpret CIS reply as:
1. All I-485 applicants don't suffer due to I-485 backlogs ,
2. All I-485 applicants doesn't deserve timely adjudication, so CIS will leisurely adjudicate these applications ,
3. CIS is not bound to follow any law passed by Congress.
In short, CIS is the supreme power and all the I-485 applicants are at their mercy.
 
90 days to copy-paste!!, If it takes 90 days to cut and paste same statements over and over again I can see why CIS needs all the time to work on our application.

Boy, they really need a proof reader

"The second sentenced is denied,"

Who has been sentenced? What crime??

001
 
The problem I am thinking is the CIS is basing its decision based on the 6 plaintiffs in the suit. out of which 4 of them got approval in the last 3 months, which again is fishy..

What will its response if we show the 1000-2000 suffering plaintiffs, and thousands more in various stages of GC approvals.

I think CIS is saying that Rajeev.S.Khanna has only these 6 plaintiffs and so here our response to show that they are not suffering..

Originally posted by Edison
I summarize CIS reply as:
1. CIS denies all the injuries to plaintiffs ,
2. CIS denies all the grounds for relief , and
3. CIS denies all the counts of infraction.

I interpret CIS reply as:
1. All I-485 applicants don't suffer due to I-485 backlogs ,
2. All I-485 applicants doesn't deserve timely adjudication, so CIS will leisurely adjudicate these applications ,
3. CIS is not bound to follow any law passed by Congress.
In short, CIS is the supreme power and all the I-485 applicants are at their mercy.
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