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lincclay

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  1. lincclay
    Another point worth mentioning is the perception that filing a mandamus case pro se is often successful. A quick online search will reveal numerous self-filed mandamus cases that ended favorably for the filer. However, this does not necessarily mean they were handled correctly or with full adherence to legal standards. USCIS is known to be highly risk-averse, preferring to avoid litigation whenever possible to minimize the potential for court rulings that could impose operational pressures—such as prioritizing certain types of cases. As a result, in roughly 90% of mandamus cases, USCIS proceeds with adjudication rather than allowing the case to go to court. This can create the impression that the plaintiff filed a flawless case, but often, procedural errors may have gone unnoticed simply because USCIS did not contest the case. For instance, if a plaintiff improperly serves the initial documents, USCIS might ignore the error unless they choose to challenge the case. In such a scenario, USCIS could move to have the case dismissed after 90 days if proper service wasn’t completed within the legal timeframe, potentially resulting in dismissal on procedural grounds.
  2. lincclay
    I also am including this link, the latest answer was recently provided and completely removes any form of doubts: https://www.avvo.com/legal-answers/authorized/can-plaintiff-serve-summons-and-complaint-themselv-6123474.html
  3. lincclay
    I went and filed the case, and the clerk herself told me (without me asking) that you can't serve yourself and someone else needs to send them. Also there might be some confusion for the people reading this, when you send the document by USPS, USPS is NOT the server. The server is whomever that is sending the documents. USPS is just means to fulfill this service.
  4. lincclay
    I completely agree with your sentence, not so much with the rest as I have already decided to do it pro se. Also it would be great to provide evidence and links for contentious topics here and not just be dismissive and use sentences implying "go read this and that ...". I think this forum has the potential to be one of the best resources for the folks who want to do pro se mandamus, being dismissive without providing evidence is not helpful and it just adds to the confusion of the readers.
  5. lincclay
    Public Counsel is not a random website, they help pro se folks like us and it is a non-profit consisted of volunteers. I linked it because it is easy to read, otherwise everyone is welcome to read Federal Civil Procedure Rule 4 (FCRP) (https://www.law.cornell.edu/rules/frcp/rule_4) Section (c) gives the conditions of the server (above 18 years of age and not party to the case.) and section (i) explains how to serve US and its agencies. This is the default law, meaning we have to assume this unless there is Local Rule overriding this. I have read Local Rules and Standing Orders of all judges and magistrates for the Northern District of California and have not seen such a thing that overrides FCRP. It is quite possible that your district might had something like this but this is the exception not the general rule.
  6. lincclay
    Please also provide references for the statement, without reference it adds to the confusion of the readers since the references provided so far seems to suggest otherwise. Generally family members or friends are not party to the case and they can server like this: https://www.avvo.com/legal-answers/are-family-members-or-friends-considered-party-to--5758888.html I have not seen anything suggesting something else for Mandamus cases. Also copy pasting from here: https://publiccounsel.org/wp-content/uploads/2021/11/Guide-Serving-the-United-States.pdf Serving the United States (Mandamus is in this category): If you are a plaintiff and you have filed a Complaint, you must arrange for delivery of a copy of the Summons and Complaint to each defendant in your case. This is called “service of process.” However, a plaintiff cannot serve the Summons and Complaint. The person who serves the Summons and Complaint (the “server”) must be at least 18 years old and not a party to the lawsuit. To serve the United States when it is the defendant in a lawsuit filed in the U.S. District Court for the Central District of California, your server must do each of the following:
  7. lincclay
    The process is a lot more complicated than some online guides make it seem. I've been studying it off and on for the past three months and will be filing on my own soon. But if you’re not ready to spend some time learning the ropes, I wouldn’t recommend going pro se—it’s easy to mess up, and you don’t want to rely on luck to succeed. Here are a few things I’ve learned along the way that might help the readers: 1) Picking Defendants and Finding Agency Directors: Getting the right mix of defendants and tracking down the current directors of different agencies can be tricky. For example, the San Francisco Field Office recently changed directors, but there’s almost nothing online about it, and USCIS won’t tell you who the new director is either. If you check out recent cases, though, you can often figure this out. It’s also a good idea to add placeholder defendants, like “John Does 1-10” and “Jane Does 1-10,” so you can amend the complaint later if needed. 2) Avoiding Dismissal and Strengthening: Your Complaint: USCIS has a few go-to moves for dismissing cases, so it helps to know what they are and how to counter them. For instance, you’ll need to argue that USCIS has a non-discretionary duty to at least process (if not approve) your case. USCIS often claims that adjudicating cases is discretionary, and the law can be a bit murky here, especially for things like I-485 cases. Studying other cases can give you ideas on how to write your complaint to avoid easy dismissal. 3) Using Both Mandamus and APA Claims: While mandamus claims are the most talked about, it’s smart to include two counts in your complaint: one for Mandamus and another for a violation of the Administrative Procedure Act (APA). While they do overlap, using both can give you some extra benefits. For Mandamus, you need to show that the lawsuit is the only way to solve the issue. Without an APA count, USCIS could argue that there’s another option (the APA) that could address the problem, which would weaken your Mandamus claim. Plus, if you skip the APA, the judge might insist on “exhausting all other remedies” first—basically, telling you to wait longer. Adding the APA count, though, reinforces that action is needed. 4) Serving the Process: You can’t just send documents by certified mail. You’ll need to either ask a friend or family member to serve them or hire a process server (usually around $50 per summons). This guide has some helpful links on how to get the right addresses: https://www.americanimmigrationcouncil.org/sites/default/files/practice_advisory/whom_to_sue_and_whom_to_serve_in_immigration-related_district_court_litigation_2024.pdf. Plus, USCIS and DHS have emails you should send to as well. 5) Check Out Your District Court’s Rules and Resources: Make sure to read through your district court's pro se handbook, Local Rules, and any standing orders—both the general ones and any specific to the judge assigned to you. 6) Resources I’ve Found Helpful (beyond cases): I recommend checking out Sarraf Gentile LLP’s YouTube channel and their book on Amazon (I’m not affiliated with them). I’ve learned a lot from their content. 7) Another area I’m still getting familiar with is legal etiquette—things like how to respond to a motion, how to file one, and how to amend your case.
  8. lincclay
    Here is the a very good document also mentioning this (https://publiccounsel.org/wp-content/uploads/2021/11/Guide-Serving-the-United-States.pdf), so based on my research (and the document linked) you are not supposed to do this (some district courts my have slightly different local rules but most probably won't). Surprisingly I have seen lots of pro se mandamus cases that plaintiff filed it themselves but they also succeeded. So I guess when the plaintiff is pro se, courts might be more forgiving (but this forgiveness is not guaranteed).
  9. lincclay
    For folks who have done pro se, I have another question, it seems that in the serving process you cannot send the documents yourself and sign the proof of service (this hasn't been pointed out beforehand in any of the DIY guides)? According to https://www.law.cornell.edu/rules/frcp/rule_4 it clearly states in section (c) that the server (whoever is sending the certified mail and signing the proof of service as the server) should not be a party to the case. Does this also apply to section (i)? (When doing mandamus).
  10. lincclay
    Cool, but search engines do not necessarily show all results, they will drop them if they think it is too similar to others. This largely depends on the person's name. Based on my research, if the person has a name consisting with common parts it won't get picked up. Otherwise it would. You can also try other search engines and in Google search you can try putting your name inside quotes (in that case it will perform an exact matching)
  11. lincclay
    Did you also request return service requested? (it is an additional service on top of certified mail that sends back receipt proof, it has electronic and physical versions.). If so did you wait for the return notices and then sent them with the proof of service forms to the court? or did you just request the return notice to be sent directly to the court?
  12. lincclay
    I found this sample that is amazing, answers a lot of my questions: https://refugeerights.org/wp-content/uploads/2023/04/NK-Complaint.pdf a couple of things that I learnt from this: 1) In civil cover sheet US Goverment Defendant should get selected not Federal Question. 2) The attorney general and local district attorneys require their own summons i.e. in my case that defendants are going to be directors of USCIS, DHS, NBC not only I need 3 summon directed to these but need 2 extra summons directed at AG and local attorney. I had previously read somewhere, we just simply copy the summons of the defendants and send them to the two attorneys, but that is not the case (you might want to include copies of the other summons as well but they need a summon specifically directed at them.)
  13. lincclay
    A few of questions regarding defendants from the people who have successfully filed it. 1) I have seen USCIS and Ur M. Jaddou named as two separate defendants and similarly DHS and its secretary Alejandro Mayorkas. I have also seen that they are mentioned as single entity i.e. the agency and its head for example something like Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services. Did anyone separate the agency and its heads as two separate defendants? 2) I have also seen United States being mentioned as a defendant, anyone done this? 3) Did anyone list the attorneys (the attorney general Merrick Garland and your district attorney) as defendants? the handbook does not mention to name these as defendants just to send a copy of everything to them. But I have seen cases where they are named as defendants. 4) I am a little bit concerned on the 500 pages documents that we need to copy to send to these defendants/attorneys so want to be as conservative as possible. 500 pages is an insane amount of pages to copy and send. Is the 500 page number right or is it an exaggeration?
  14. lincclay
    I had a few questions from the folks who have already submitted the complaint. I am getting close to filing it and am running through everything to make sure I am not missing anything. 1) Regarding exhibits (attachments) I have seen it being recommended to attach application receipts and the page showing processing time for 80% of cases. Do you also attach the communications you had with USCIS, like their useless responses to service requests or Senator requests? (as prove that they never resolved the issue.) Also when attaching these did you redact the sensitive information like DOB, address, alien numbers etc maybe with the exception of case number? My next questions are about the civil cover sheet, an example is here: https://cand.uscourts.gov/wp-content/uploads/forms/civil-forms/JS-CAND-44_fillable_10-2020.pdf 2) The form has a place for attorney signature at the end, are we supposed to fill in everything except the last part (date and signature)? 3) I have heard the basis of Jurisdiction should be Federal Question, but the guide made me confused. According to the form guide it says if one of plaintiffs or defendants is U.S. we should select one of the first two. When defendants are U.S. agencies don't they count as U.S.? 4) Nature of Suit: Other Immigration Actions? (or the Naturalization Application if you are doing N400) 5) Cause of Action: I think for Mandamus it should be 28 U.S.C. § 1361 - U.S. Code Action to compel an officer of the United States to perform his duty. Description could be: failure of USCIS to perform its duty of adjudicating the case. (correct me if I am wrong) 6) Requested in Complaint: what do we put in the Demand$? should we calculate/estimate the fees and costs and put there as reward? or should we write that demand is for USCIS to adjudicate the case? 7) Jury Demand: I guess this one should be No, because we probably want the case to get decided by the judge, is this correct?
  15. lincclay
    Regarding the anonymity, I don't think there is much you could have done. Even though I am aware of it, I will still go with it and become public. I would rather go public rather than sit and deal with the government's bs and corrupt structure. As long as you are fine with the costs, filing incorrect form shouldn't negatively impact your case.
  16. lincclay
    I also wanted to introduce a very good resource for writing the complaint that I will follow it as the blueprint. In my opinion this book is must read if you are considering pro se seriously. There is a template at the end of the book but I highly discourage copy pasting templates, please completely understand it and then modify it so it fits your background better. Maybe combine a few idea there and ones in this forum. https://www.amazon.com/gp/product/B0BKH53XT7
  17. lincclay
    I asked the following question, it seems the answer is no: https://answers.justia.com/question/2024/10/06/is-preserving-some-form-of-anonymity-pos-1033207 I also talked with a lawyer. When I asked the anonymity question he became tongue-tied, first mentioned yes then said it costs extra but then said no it does not cost you extra (it is in the package), he was not clear about it but I think he meant it is already in the package but applying for it will cost them extra. He did not mention how difficult it is to get approved, but I feel he avoided it to not dissuade me from using their service. He was shocked by my questions, he was suspicious I might be an attorney, but I reassured that I am not.
  18. lincclay
    Some form of permission is required. The California Northern District Court website mentions that some form of application needs to get filed for that, but I was not able to find any further information on this application. Nothing seems to be mentioned in their handbook (although I haven't read them completely yet). https://www.cand.uscourts.gov/cases-e-filing/cm-ecf/e-filing-my-documents/opening-a-new-civil-case/
  19. lincclay
    Does anyone here know whether it is possible to file as John Doe and only reveal your name in the text of the complaint? It seems once your name goes onto the plaintiff list, googling your name will bring up the lawsuit. The contents of the documents are somewhat protected since only attorney's can access them (I tried to get a PACER account but I can't purchase the documents, seems you need either to be an attorney or someone related to the case.). I'd appreciate any ideas about keeping your anonymity.
  20. lincclay
    As I learn more and find more issues (or red flags with some of these guides) I would update here so the others know about it and don't make mistakes. The process of serving is highly non-trivial. It is not as simple as sending mails. You need a confirmation that they have received and that is called Proof of Service. For defendants in some states (for example CA) you cannot use certified mail (https://www.avvo.com/legal-answers/is-certified-or-priority-mail-acceptable-to-serve--2376657.html), so if your court is in CA and or FO is in CA. Apparently it needs to be personally served or subserved.
  21. lincclay
    Thank you very much, this is life saving. I intend to file it once I hit 1 year mark (getting very close) but before that I am thinking about submitting a notice of intention. I have heard that it sometimes works. Does anyone know a template for the notice of intention and what other documents should get included and where it should get sent to? Regarding adding defendants, let's say the case is stuck at NBC but for some reason USCIS always refers me to the local FO for checking the processing times. Should both of NBC and local FO be included?
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