Possible outcomes after a lawsuit...

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Bushmaster

Registered Users (C)
What are the possible outcomes after a lawsuit filed to get a result from a name-check stuck naturalization case? After the judge orders them to finish the case by a deadline, do they always comply? Is this way a guaranteed one to get a result in a few months rather than waiting for years?
 
Bushmaster said:
What are the possible outcomes after a lawsuit filed to get a result from a name-check stuck naturalization case? After the judge orders them to finish the case by a deadline, do they always comply? Is this way a guaranteed one to get a result in a few months rather than waiting for years?
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They have to meet the judge deadline. often, they ask for extension. typically, they get 30 days extension. They will try their best to dismiss or better deny. You gotta be ready to fight.
 
Outcomes after a filing:

- USCIS settles and you're naturalized

- USCIS is ordered to complete the naturalization application process within XX days

- USCIS is ordered to completed the naturalization application process within a time limit

- Case is dismissed for some reason, precedent in the 4th circuit or a legal technicality in others

- Court refuses to recoginize jurisdiction

- Court "determines" the application and naturalizes petitioner (haven't seent this one yet)
 
Where I am located at the moment in GA would be 11th circuit I believe, have you guys come across any unfavorable actions in this circuit?

I believe first three would be most common, would you say Bashar?
 
Hi buddy!

I do not think there is any precedent in the 4th Circuit. The one ruling (Danilov) with was issued by ONE court under the 4th Circuit does not make it a precendent...legally, I suppose. The Fourth Circuit Court of Appeals has not ruled on a 1447(b) case yet. At least not to my knowledge. That would make such a decision a legal precedent. The Fourth Circuit Court of Appeals is where one could take his/her 1447(b) if the local U.S. District Court (in our case, U.S. Federal District Court for the Eastern District of Virginia) denied the case. Plus, in the Danilov case, the court decided against Mr. Danilov because he did not file a response to a motion by the U.S. Attorney; namely to show cause.

Cheers!

Legal

bashar82 said:
Outcomes after a filing:

- USCIS settles and you're naturalized

- USCIS is ordered to complete the naturalization application process within XX days

- USCIS is ordered to completed the naturalization application process within a time limit

- Case is dismissed for some reason, precedent in the 4th circuit or a legal technicality in others

- Court refuses to recoginize jurisdiction

- Court "determines" the application and naturalizes petitioner (haven't seent this one yet)
Click to expand...
 
There is precedent in the 4th Circuit. The case is Kia v. INS (1999?). Under it, USCIS still has jurisdiction even after a case has been filed. So USCIS can even deny the application, as they tried to do with me. It will not be overturned until someone has to make an appeal.

However, the Kia decision was based on a case in the 9th circuit. However, the Kia decision, the basis for the 9th circuit case was distinguished and overturned by the 9th circuit itself in Hovsepian. So since the legal basis for the Kia decision doesn't exist anymore, I would think that there is a good chance to overturn it, especially since most district courts in other jurisdictions, including the highly influential DC district, have followed the Hovsepian decision.
 
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