USCIS New Director and Lawsuit.

Publicus

Registered Users (C)
Today I was surprised to discover that USCIS has a new acting deputy director. It is Mr. Robert Divine. Mr. Aguirre has left on July 25th, 2005 to prepare for his congressional hearings to become the U.S. ambassador to Spain.

I have cited Mr. Aguirre in my lawsuit as a party. The attorney general Mr. Gonzales and DHS director Mr. Chertoff, are other parties.

I didn't know about this change. What should I do now? How can I change the name of Mr. Aguirre in the pleading, or should I just leave it like that. I did a search in PACER and found about 24 cases that cited Mr. Aguirre as a party after his leave. Some attorney has even cited Tom Ridge, although he was gone for some time now.

What do you think? Any suggestion is welcome.

Thanks.
 
I think the fact of appearance of new deputy directors should not change anything. What matters is that the involved agencies like DHS, USCIS and US Attorneys are listed in your complaint and will receive court notifications.

Did your district court set up a hearing date already?
 
Top