Hi all,
not surprised, I got MTD (motion to dismiss) today. I am going to prepare the objection to MTD. I already collect lots sample, still I need help from all of you.
I checked lots of case, seems recently AUSA filed MTD to most of case, no matter Pro Se or represented by lawyer. So be prepared if you decide to file WOM.
Many MTD cited this sentense:
" the majority of courts have dismissed similar actions for alck fo subject matter jurisdiction, under the nationale that Sections 242 and 245 of the Immigration and Nationality Act ("INA"), 8 U.S.C 1252(a), 1252(a)(2)(B)(ii)(2006), as ammended in 2005, preclude judicial review of any discretionary 'decision or action' of the Attorney General in immigration matters. Those coursts have held that this phrase incldues the pace at which immigration decisions are made. "
He cited 13 cased which favor MTD. I need find more than 13 to fight back.
For those already file WOM, we need to work together, here is my suggestion
1. each Pro Se, search your state's pacer record, find out all case which judge favor plaintiff (held the objection to MTD)
2. I will start with my state (MA),
3. we will compile all together and share.
DO NOT believe hiring a lawyer will make big difference. I read many response to MTD from lawyers, I believe we can do much better if we work together and do more research. The lawyer will NOT spend lots of time for your case. Time is money for them.
I have 14 days to response.
if any question, please email me piz97001@hotmail.com