Update on my mandamus case

[SlowJedi]

This case is strange, viewers younger than 14 years of age, should not be watching upcoming broadcasting.

We filed a writ of mandamus in the end of February, and everybody got served on Marh 2nd. Prior to that we notified all parties involved that we are going to file if the case does not resolve within 60 days. Got ignored so we filed. So all and all, the government had over 120 days to respond. Do you think they did? Two guesses.

The correct answer is: NO. They just ignored this whole case all together.

So, next week we are filing for a default judgement, which on the bright side, means that I can request the judge for reimbursement of all my legal expenses. How stupid is this? Why would the government completely ignore an actual lawsuit, all the previous warnings and let this case go to default judgement?

Anybody has any expereince with this? What happens from here on? How long does this process take before I get sworn in? Should I be upset about it or should I be happy that the end of this saga is near?

Don't you love our tax money at work!

 

[loveoklahoma]

I have no idea what default judgement means!? Could you elaorate on that please? I don't know the answer to your question, I just wanted to say GOOD LUCK...

 

[Suzy977]

I have no idea what default judgement means!? Could you elaorate on that please? I don't know the answer to your question, I just wanted to say GOOD LUCK...

When one of the parties (usually the Defendant) fails to respond in a certain amount of time, the Judge (in some cases the Clerk of the Court directly) has the authority to enter automatically the judgement in the favor of the other Party (usually the Plaintiff)

Also, by definition, (default=absence=non-appearance) a default judgement may be entered when at the trial day one of the parties doesn't show up.

Sometimes, very rarely, the Judge not being 100% satisfied with the way Plaintiff served the Defendant may ask for another attempt to serve the Defendant setting a new term for answer.

 

[Suzy977]

This case is strange, viewers younger than 14 years of age, should not be watching upcoming broadcasting.

We filed a writ of mandamus in the end of February, and everybody got served on Marh 2nd. Prior to that we notified all parties involved that we are going to file if the case does not resolve within 60 days. Got ignored so we filed. So all and all, the government had over 120 days to respond. Do you think they did? Two guesses.

The correct answer is: NO. They just ignored this whole case all together.

So, next week we are filing for a default judgement, which on the bright side, means that I can request the judge for reimbursement of all my legal expenses. How stupid is this? Why would the government completely ignore an actual lawsuit, all the previous warnings and let this case go to default judgement?

Anybody has any expereince with this? What happens from here on? How long does this process take before I get sworn in? Should I be upset about it or should I be happy that the end of this saga is near?

Don't you love our tax money at work!

Don't count the first 60 when you "warned" them that you're going to sue...I've never heard that USCIS ever responded to such "warnings"

Since you filed a Writ of Mandamus...you're not out of the woods yet:
1. The judge has to enter a judgement in your favor (which is most likely that is going to happen...but nothing is 100% sure in life)
2. The judgment is going to be an order to USCIS to adjudicate your case...theoretically this doesn't mean that your N-400 has to be approved

About being upset or happy...you can look at it both ways:
-Upset that they didn't just granted your N-400 and spare you further inconvenience.
-Happy that 99.9% you won.

 

[SlowJedi]

1. The judge has to enter a judgement in your favor (which is most likely that is going to happen...but nothing is 100% sure in life)
2. The judgment is going to be an order to USCIS to adjudicate your case...theoretically this doesn't mean that your N-400 has to be approved

Thanks for the clarifications, Suzy. I guess I'll put that Champaigne back on ice and wait with my celebration.

 

[Suzy977]

Thanks for the clarifications, Suzy. I guess I'll put that Champaigne back on ice and wait with my celebration.

You never know, it's very possible that the Judge is going to give USCIS, let say, one month to adjudicate the case...and before the 30 elapse you'll get an Oath letter.

 

[qili]

This case is strange,

it is not strange at all, if you consider that the USCIS reports to the man who proudly proclaimed that everything was under control and the calvary was coming when TV sets across the country were showing riots, looting and dying on the streets of NO (or otherwise known as the great neglegence of NO).