Hey STATS.... How is the "Writ of Mandamus" coming along?

[Patrick & Li]

Just was curious. I would like to know all of your details.

Pat

[Stats]

Just was curious. I would like to know all of your details.

 

Pat

 

No communication yet from the US Attorney. Should hear something soon as the 60 day timeline is up soon.

 

I'll keep you posted.

[Stats]

Time for an update:

 

Yesterday 2 things happened. We received the Motion to Dismiss from the Asst. US Attorney. We also had the required Scheduling Conference (call) with the AUSA and the judge.

 

The conference is basically a meeting so that the judge can understand the case, trial/no trial, jury/no jury, expert witnesses, discovery, etc. Since this will be a "paper" only case, it went pretty quick.

 

Both the judge and the AUSA were sympathetic, understanding, and also concerned about the name check backlog. The judge made one interesting comment. He said that until recently, he was dismissing these cases pretty quickly. However he said "due to a recent decision" he is looking at these very carefully and wants enough time to closely review all the filings.

 

What he was referring to was a recent 5th Circuit decision where the full court reviewed and reversed the decision of a 3 judge panel. The panel had upheld the dismissal of a of a Writ filing. The AILA got involved and assisted in the review.

 

The AUSA has been friendly and I have been doing a little relationship building with him. I was pretty upfront that my intent is to force some attention to our case rather than make life hard for him (like requesting discovery). He has taken the step initiate an inquiry with USCIS and the FBI. That is exactly what I wanted him to do. The USCIS will no longer expedite based on Writ suit, however there is much speculation that moves off a pile.

 

So the next step is to prepare my Opposition to the Motion in the next 20 days. I am pretty well prepared for that as I have done a lot of upfront research.

 

So let's keep our fingers crossed that we finally got some attention to our case. Hopefully member #153's SO will get a GC in the near distant future.

Edited November 14, 2007 by Stats (see edit history)

[tywy_99]

It is beyond me, Stats, why it has taken so long for your wife to get her registration card when people get them every day. I just can't fathom it, the hoops you have to jump through but I do admire your determination and sincerely hope you make some positive headway in this arduous path you have to go down.

Good luck to you and I for one will be anxiously awaiting the very good news that will come one day.

 

Good luck, my friend.

[LeeFisher3]

Stats, sounds like things are moving in a positive direction. But you might want to reconsider discovery if the USCIS and FBI feed the AUSA the standard line.

 

The recent policy statement by the USCIS concerning the writs is based upon the USCIS following proper procedure in requesting and following up on name checks, discovery would make them prove they followed or attempted to follow their procedure as outlined in the Aytes Memo from the AILA website. Smart money says they screwed up.

 

That would leave them with one of two options:

1. Report back to the court that they screwed up and didn't do their job.
   
2. Requesting and completing an expedited name check so the case goes away.
   

Hopefully the AUSA inquiry will be enough to resolve the name check and the welcome letter will arrive prior to your next motion is due. If not you might want to include that the USCIS has failed to provide any evidence to demonstrate they have followed the Aytes memo procedures.

[SirLancelot]

So let's keep our fingers crossed that we finally got some attention to our case. Hopefully member #153's SO will get a GC in the near distant future.

 

Crossing my fingers and wishing you lots of luck!