questions for 22000

I

ironman

Registered Users (C)
look at this plz
http://www.ailf.org/lac/lac_lit_041604.pdf

what is ehgith circle mean?
if goverment appeal is failed , will they go for ninth circle , ten circle?
or if goverment failed again , they have to approve 22000 case immediately?

and anybody has information about appeal process?it's already 2 month from
4/9
 
No after that appeal its over..good or bad! if the court rules that the other court was right in their decision then the govt have to start working on 22,000 adjustment cases. If the court rules otherwise then nothing good happens for us.

I hope its an immigration friendly judge!!!
 
ironman said:
look at this plz
http://www.ailf.org/lac/lac_lit_041604.pdf

what is ehgith circle mean?
if goverment appeal is failed , will they go for ninth circle , ten circle?
or if goverment failed again , they have to approve 22000 case immediately?

and anybody has information about appeal process?it's already 2 month from
4/9
Click to expand...
read carefully. They say that this process may take up to a year.
 
It may takes for one year, or may take some month. hope it takes less 6 month. :)
but is there any more cirlce?
 
The correct word is actually "Circuit"... Yes there are more circuit courts. And honestly guys, it can take more than 1 year.
 
Appeals process

The decision of the District Judge was appealed to the United States Court of Appeals for the Eight Circuit, which is one of the 12 circuits under the federal judicial system. Once appealed, the case will be heard by a three judge panel. In occasional circumstances, when as in our case (please note this is wishful thinking), the action of the agency was declared a "national embarrassment" by the District Court Judge, the entire court made up of nine or ten judges may hear the case. This is called an "en banc" hearing.

This is what generally happens: filing the appeal and an appellate brief (by Ashcroft & Co.), responding to the appeal by filing a respondents' brief (by the great folks who represented our interests), responding to the respondents' brief (again by Ashcroft & Co.), oral arguments (maybe?) before the panel of judges, and finally, after internal deliberations that may take months, a final ruling by the court. The court may affirm the District Court Judge, may reverse him, or send him further instructions on how to dispense with the case.

If the decision is made by a panel of three judges, the loosing side may ask for an "en banc" hearing as explained above. If that is not granted, the loosing side might appeal to the United States Supreme Court, which may or may not decide to hear the case, because the Supreme Court takes these kinds of cases on its own discretion.

So, in general, it may take one to two years or more before the appeals process works its way up the judicial system.

Now we know, those of us who will like this travesty to end will not give up. But there might be an end to this non-sense if Ashcroft & Co. determine that proceeding with the appeal is useless and decide to settle by adjudicating the 22,000 cases. Or better, in November, those people who have common sense and decency in this country will decide to fire Ashcroft & Co. and whoever takes over will decide to settle this case and move on with life.

We shall see.
 
I did not read this case thoroughly. One question to the ones who did. What will happen to us who will be (hopefully) approved after October (or who are approved prior to October)? Example, if we get approved in December this year and this court affirms the District Court Judge decision to adjudicate 22,000 cases. Only these 22,000 people and all after on the waiting list will benefit this, and us … we lost 2 years for nothing, and we will still wait for the citizenship. Is there any provision or anything in this lawsuit that will give us 1 or 2 more years retroactively towards our citizenship? I know they already give us 1 year, but to have 2 or 3 years towards citizenship to make up the time would be nice and the justice would finally be served for us who were unjustly treated from the beginning. Maybe additional lawsuit on our behalf?? :D

And one more thing, I can not believe that USCIS appealed the case. :confused: They are the ones who said that they couldn’t do anything to adjudicate more than 10,000 cases and that that was the congress decision. This is true, but now they have that chance and IT IS UP TO THEM. When (IF) they adjudicate more people based on this lawsuit, this would benefit all of us, including USCIS backlog. Why are they making it harder for everybody? I don’t see how will they benefit from this appeal???? This only confirms they ignorance. :mad:
Anyone???
 
They almost had to appeal, if only to vindicate a long-standing principle of immigration law. It was nothing personal.

Congress could resolve this problem in no time if it had the inclination.


nofreedom said:
I did not read this case thoroughly. One question to the ones who did. What will happen to us who will be (hopefully) approved after October (or who are approved prior to October)? Example, if we get approved in December this year and this court affirms the District Court Judge decision to adjudicate 22,000 cases. Only these 22,000 people and all after on the waiting list will benefit this, and us … we lost 2 years for nothing, and we will still wait for the citizenship. Is there any provision or anything in this lawsuit that will give us 1 or 2 more years retroactively towards our citizenship? I know they already give us 1 year, but to have 2 or 3 years towards citizenship to make up the time would be nice and the justice would finally be served for us who were unjustly treated from the beginning. Maybe additional lawsuit on our behalf?? :D

And one more thing, I can not believe that USCIS appealed the case. :confused: They are the ones who said that they couldn’t do anything to adjudicate more than 10,000 cases and that that was the congress decision. This is true, but now they have that chance and IT IS UP TO THEM. When (IF) they adjudicate more people based on this lawsuit, this would benefit all of us, including USCIS backlog. Why are they making it harder for everybody? I don’t see how will they benefit from this appeal???? This only confirms they ignorance. :mad:
Anyone???
Click to expand...
 
i think they are trying to win few monthes by this appeal
so they can get a chance to finish the applicants of november 16th 1999 and before.
 
Vindicate "what" long-standing principle of immigration law Gilbert?

The law says that they should have issued 10,000 visas in the past in various years AND THEY DID NOT. What are they trying to vindicate?
 
The immigration agencies have always contended that once a fiscal year is gone, any unused visas (regardless of the reason they went unused) are also gone forever. And a lot of outside attorneys agree with their assessment. They are just not going to change their position as a result of a district court ruling. At least they will want to have a circuit-court decision. If they lose there, they will likely go higher.

When this case was filed two years ago, I stated that this would be a very long process and I reiterate this now. The example I used back then was the lawsuit filed against the INS for messing up the 1986 amnesty program. The case was bounced around various courts for 14 years without a resolution. Finally in December 2000, Congress passed a law to offer relief to affected aliens and made the case moot.





Lazerthegreat said:
Vindicate "what" long-standing principle of immigration law Gilbert?

The law says that they should have issued 10,000 visas in the past in various years AND THEY DID NOT. What are they trying to vindicate?
Click to expand...
 
Last edited by a moderator:
Ironman

so Gilbert means we may not get benifit from 22000?
my ND is march 01 , if the case last 3 more years , 22000 will means nothing to me.
 
Sometimes I feel that law prevails in America but to a certain extent. Government seems to be above law most of the time.

A trivial example: Consider robbing a gas station... If caught you would go to jail..period but government agencies (such as INS) take full liberty NOT to obey law and then go to any extent to prove that there position is right.

Conclusion: An ordinary human being will be punished to the fullest extent for trivial things (robbing a gas station to me is trivial as compared to wasting 14 years of those poor souls who had to wait for amnesty... the american people murmur if they have to stand in grocery store line for few extra minutes, let alone 14 years)

Government is definitely ABOVE LAW. The laws are made for poor people.
 
Please guys! I want to clarify one thing. Whatever I say is absolutely my personal point of view. It is not meant to confront anyone nor argue with other's. I have all due respect for other's opinions in this forum.

And we all love Gilbert! Because he is a messanger and he has to bring news (both good and bad) to us. And we are definitely not for killing the messanger for the bad news syndrome (as in ancient ages)

Cheers,
 
ironman said:
so Gilbert means we may not get benifit from 22000?
my ND is march 01 , if the case last 3 more years , 22000 will means nothing to me.
Click to expand...

Just do not have your hopes too high. The justice system works ridiculously slowly here.
 
I get your points. The whole 10,000 cap needs to be reformed NOW.



Lazerthegreat said:
Sometimes I feel that law prevails in America but to a certain extent. Government seems to be above law most of the time.

A trivial example: Consider robbing a gas station... If caught you would go to jail..period but government agencies (such as INS) take full liberty NOT to obey law and then go to any extent to prove that there position is right.

Conclusion: An ordinary human being will be punished to the fullest extent for trivial things (robbing a gas station to me is trivial as compared to wasting 14 years of those poor souls who had to wait for amnesty... the american people murmur if they have to stand in grocery store line for few extra minutes, let alone 14 years)

Government is definitely ABOVE LAW. The laws are made for poor people.
Click to expand...
 
I agree Lazer. They scream the loudest when businesses and ordinary people use loopholes to exploit the system but they themselves exploit it regularly.
 
Last edited by a moderator:
so, basically, "... sorry for waiting, accept the reality and forget about this whole thing and wait for your turn ..."

I was afraid that this statement is true, so, don’t dream dreams and forget about whole thing. We got screwed so what. It is not the first time they screwed somebody, and it will happen again. I just hope that after november, we can have somebody more immigration friendly who will push for a change. As for us, it is too late. :mad:
 
You must log in or register to reply here.
Top