look:Judge denies the defendants' motion to dismiss

22nd January 2007, 08:29 PM
Comfused
Registered User Join Date: Oct 2006
Posts: 28

Judge denies the defendants' motion to dismiss

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I had a conference with judge and AUSA on 01/19. It was actually a hearing. I didn't prepare very well. The judge basically sensed that I am so ignorant of the procedure and only asked me one question: How does it affect your life without the adjudication of your I-485 application? I basically repeated what I wrote in my compliant. The left time the judge asked all questions to AUSA:

Judge: how did FBI work on this case?
AUSA: I don't know. They have a huge backlog to work on. As I mentioned in email, the background check on this case has been expedited. FBI told me this morning. They are acting on it now.
.....
Judge: What happened to USCIS?
AUSA: ....They can only sent a small fraction pending cases to FBI for expediting every month..... It is expired on December. Thus they sent it to expedite in January.....
...

Judge: I will trust government to act proper to this case and give them another 60 days........
AUSA: Yes, your honored, we should trust government to properly act the case. It should be solved less than 60 days.
.....

The whole hearing lasted only ten minutes. Then the judge denied the defendants' motion to dismiss and filed an order in hand-writing:

(1) Parties may conduct paper discovery for 60 days
(2) Joint pretrial order shall be filed by April 6, 2007
(3) Docket call shall be held April 13, 2007, at 4:00 pm

I am kind of understanding my case will go to the trial. Paz, wenlock or some else , Could you help me to understand this order? My question is:

Is (1) is a paper joint-discovery? If you have some of this examples, could you tell me? I may prepare now.

What a joint pretrial order? Is that means that I should meet AUSA to determine a trail time and file it to tell judge?

What is the Docket call?


Wenlock, I really thank you to help me win the first step. please to check your personal email.

Now I am kind of feeling that maybe more and more people are going to go through what I get to go through in the fight. The information that I get from this hearing is that the USCIS currently have a limit for how many expidition cases they will sent to FBI every month. I don't know the real number.

I didn't expect my case will go to the trial. Whatever, I will see how long I can fight with them. The sharing in this thread is really valuable. Thank all the people in this thread who devoted a lot of their time, energy, money and so on to learn themselves and generously shared and help others. Maybe our fights are going to be harder than before. But adding everyone's intelligience, experience and information, we will defeat them. We know we are right and justice is in our side.

I will continue to share my experience about my case with my limited knowledge.