Fighting For My Green Card
Many friends and colleagues are very surprised to find that I have not gotten my green card after 5 years of working at UCSD. They wondered whether UCSD had provide any assistance with my green card application. Although my department has been trying to help, the international center, the campus unit that is in charge of this issue, has not provided any help. I am very disappointed with the system.
Out of desperation, I applied for a green card as a beneficiary to my wife’s application on my own. We sent in our applications on October 7, 2004 but USCIS has not adjudicated them as of November 2, 2007. I had to file a lawsuit against the federal agencies including USCIS, FBI and DHS in January 2007. I have wasted too much time fighting against the assistant US attorney who works for the defendants. See the Docket report below.
In the mean time, I wrote to First Lady Laura Bush and congress woman Susan Davis a few months ago. It is not surprising that I have not heard from the First Lady yet. Congress woman Susan Davis offered to help but her office were not very helpful. They could not solve the red tape problem either and were as frustrated as me.
Now my lawsuit against the federal agencies has been pending with the U.S. District Court (Southern District of California) for more than 300 days whereas my application has been pending with the USCIS for more than 1000 days. The USCIS has not adjudicated my application and the court has not ruled my lawsuit. I was too naive to think that the Court will bring me justice. I called the Judge's office numerous times and was told every time that there is no deadline for the Judge. Just like the USCIS, the court like to play games with people and I'm losing my trust in the justice system! They seem to be in accordance with the USCIS rather than upholding the laws and taking side with victims, at least it feels like this in my case.
The assistant US attorney filed a response to my opposition to their motion to dismiss my case today (November 2, 2007). I have wasted too much time on this and decided not argue with her any more. Instead, I make this page and let more people know how bureaucratic the government system can be.
Southern District of
CIVIL DOCKET FOR CASE #: 3:07-cv-00009-LAB-POR
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Cause: 28:1361 Petition for
Writ of Mandamus |
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Plaintiff |
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Yixiao Sun
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represented by |
Yixiao Sun |
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Defendant |
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Michael Chertoff |
represented by |
U S Attorney CV |
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Defendant |
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Emilio T. Gonzalez |
represented by |
U S Attorney CV |
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Defendant |
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Robert Mueller |
represented by |
U S Attorney CV |
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Date Filed |
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Docket
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01/03/2007 |
COMPLAINT for Writ in the
Nature of Mandamus against all defendants (Filing fee $ 350.) , filed by
Yixiao Sun.(jmj) (Entered: 01/04/2007) |
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01/03/2007 |
Summons Issued as to
Michael Chertoff, Emilio T. Gonzalez, Robert Mueller (jmj) (Entered:
01/04/2007) |
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01/18/2007 |
SUMMONS Returned
Executed; Michael Chertoff served on 1/3/2007, answer due 3/5/2007. (kaj)
(Entered: 01/22/2007) |
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01/18/2007 |
SUMMONS Returned Executed
by Yixiao Sun; Emilio T. Gonzalez served on 1/3/2007, answer due
3/5/2007. (kaj) (Entered: 01/22/2007) |
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01/18/2007 |
SUMMONS Returned Executed
by Yixiao Sun; Robert Mueller served on 1/3/2007, answer due 3/5/2007. (kaj)
(Entered: 01/22/2007) |
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01/18/2007 |
SUMMONS Returned Executed
by Yixiao Sun; Carol C. Lam served on 1/3/07 (kaj) (Entered: 01/22/2007) |
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03/05/2007 |
MOTION to Dismiss for
Lack of Jurisdiction or Failure to State a Claim by Michael
Chertoff, Emilio T. Gonzalez, Robert Mueller. (Attachments: # 1
Memo of Points and Authorities in Support of Defendants' Motion to
Dismiss (exhibits attached))(Callan, Megan) (Entered: 03/05/2007) |
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03/19/2007 |
AMENDED COMPLAINT against
Michael Chertoff, Emilio T. Gonzalez and Robert Mueller, filed by Yixiao
Sun.(agp) (Entered: 03/19/2007) |
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03/19/2007 |
RESPONSE in Opposition re
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MOTION to Dismiss for Lack of Jurisdiction or Failure to State a
Claim filed by Yixiao Sun. (agp) (Entered: 03/19/2007) |
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04/02/2007 |
REPLY to Response to
Motion re 7
MOTION to Dismiss for Lack of Jurisdiction or Failure to State a
Claim filed by Michael Chertoff, Emilio T. Gonzalez, Robert Mueller.
(Callan, Megan) (Entered: 04/02/2007) |
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04/04/2007 |
Minutes by Judge Larry
Alan Burns; the court finds dfts' motion to dismiss 7
suitable for decision without oral argument; the hearing on this matter
is taken off calendar and the motion is taken under submission; no
appearances will be required on Monday, April 9, 2007 in this matter .
(Court Reporter N/A).(Plaintiff Attorney N/A).(Defendant Attorney N/A).
(kaj) (Entered: 04/04/2007) |
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07/23/2007 |
Discrepancy Order by
Judge Larry Alan Burns accepting document: Motion to Expedite
Consideration from Plaintiff Yixiao Sun, non-compliance with local rule
5.1, 7.1 or 47.1. Signed by Judge Larry Alan Burns on 07/18/07. (jcj)
(Entered: 07/23/2007) |
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07/23/2007 |
MOTION to Expedite
Consideration, by Yixiao Sun. NUNC PRO TUNC to 07/13/07. (jcj) (Entered:
07/23/2007) |
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07/24/2007 |
RESPONSE in Opposition re
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MOTION to Expedite filed by Michael Chertoff, Emilio T. Gonzalez, Robert
Mueller. (Callan, Megan) (Entered: 07/24/2007) |
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07/24/2007 |
Discrepancy Order by
Judge Larry Alan Burns accepting document: Motion of Notice and Motion
for Summary Judgment from Plaintiff Yixiao Sun, non-compliance with
local rule 7.1 or 47.1. Signed by Judge Larry Alan Burns on 07/23/07. (jcj)
(Entered: 07/25/2007) |
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07/24/2007 |
MOTION for Summary
Judgment, by Yixiao Sun. NUNC PRO TUNC to 07/19/07. (jcj) (Entered:
07/25/2007) |
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08/07/2007 |
ORDER Scheduling Pre-AnswerEarly
Neutral Evaluation, set for 8/27/2007 03:30 PM in Courtroom H before
Magistrate Judge Louisa S Porter. Signed by Judge Louisa S Porter on
8/7/07. (vrp)(bar ). (Entered: 08/07/2007) |
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08/07/2007 |
NOTICE by Michael
Chertoff, Emilio T. Gonzalez, Robert Mueller of related case(s) 07cv1318
and Proof of Service (Callan, Megan) Modified on 8/8/2007, notice
of related case filed in higher case number (vrp). (Entered: 08/07/2007) |
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08/07/2007 |
NOTICE by Michael
Chertoff, Emilio T. Gonzalez, Robert Mueller of Approval of
Plaintiff's I-765 Application (Callan, Megan) (Entered: 08/07/2007) |
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08/10/2007 |
MOTION for Summary
Judgment by Michael Chertoff, Emilio T. Gonzalez, Robert Mueller.
(Attachments: # 1
Memo of Points and Authorities Supporting Defendants' Motion for Summary
Judgment and Opposing Plaintiff's Motion for Summary Judgment# 2
Exhibit A-C# 3
Proof of Service)(Callan, Megan) (Entered: 08/10/2007) |
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08/17/2007 |
RESPONSE to Motion re 20
MOTION for Summary Judgment filed by Yixiao Sun. (vrp)(bar ). (Entered:
08/20/2007) |
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08/23/2007 |
Minute Order. Hearing on
8/27/07 for Plaintiff's 16
Motion for Summary Judgment, is found to be suitable for decision
without oral argument. The hearing is taken off calendar and this matter
is taken under submission. No appearances are required on 8/27/07. (vrp)
(mam). (Entered: 08/23/2007) |
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08/27/2007 |
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Minute Entry for
proceedings held before Judge Louisa S Porter : Early Neutral Evaluation
Conference held on 8/27/2007. Order to follow. (Plaintiff Attorney
Yixiao, Pro Se; Yan Li, Pro se).(Defendant Attorney Megan Callan,
Caroline Clark). (rfm) (Entered: 09/04/2007) |
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08/28/2007 |
ORDER Setting Settlement
Conference: On 8/27/07 the Court held a Pre-Answer ENE Conference. The
Court sets a Telephonic Settlement Conference on 9/19/07 at 11:00AM in
Courtroom H before Magistrate Judge Louisa S Porter.Signed by Judge
Louisa S Porter on 8/28/07. (vrp) (mam). (Entered: 08/29/2007) |
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09/05/2007 |
ORDER TO SHOW CAUSE re:
Consolidation. The Court ORDERS Plaintiff to show cause why this case
and Li v. Mueller should not be consolidated. Ptf may do so by
filing a memorandum of points and authorities no later than seven
calendar days from the date this order is entered. If Plaintiff agrees
that these cases should be consolidated, he need not file any response.
Signed by Judge Larry Alan Burns on 9/5/07. (vrp)(mam). (Entered:
09/05/2007) |
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09/19/2007 |
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Minute Entry for
proceedings held before Judge Louisa S Porter : Settlement Conference
held on 9/19/2007. Order to follow.(Plaintiff Attorney Yixiao
Sun).(Defendant Attorney Megan Callan). (rfm) (Entered: 09/24/2007) |
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09/20/2007 |
ORDER Setting Settlement
Conference. A telephonic settlement conference was held on 9/19/07. The
Court sets a telephonic settlement conference for 10/4/07 at 1:30
PM before Magistrate Judge Louisa S Porter. Signed by Judge Louisa S
Porter on 9/19/07. (vrp) (Entered: 09/20/2007) |
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09/20/2007 |
Minute Order. Currently
on calendar for 9/24/07 is a hearing on Dft's motion for summary
judgment. The Court finds this motion suitable for decision without oral
argument. The hearing is taken off calendar and this matter is taken
under submission, no appearances required. (Entered: 09/20/2007) |
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09/27/2007 |
ORDER OF CONSOLIDATION.
Cases are hereby ordered to be consolidated for all purposes. All
filings shall henceforth be docketed in the docket of the low-numbered
case, 07CV009-LAB(POR) and the caption of filings shall reflect the
consolidated character of these actions. Signed by Judge Larry Alan
Burns on 9/24/07. (vrp) (Entered: 09/27/2007) |
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10/04/2007 |
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Minute Entry for
proceedings held before Judge Louisa S Porter : Settlement Conference
held on 10/4/2007. Order to follow.(Plaintiff Attorney Yixiao
Sun).(Defendant Attorney Megan Callan). (rfm) (Entered: 10/05/2007) |
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10/05/2007 |
ORDER Following
Settlement Conference of 10/04/07. No further dates shall be set until
Judge Burns rules on the pending motions in this case. Signed by Judge
Louisa S Porter on 10/05/07. (vrp) (Entered: 10/05/2007) |
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10/09/2007 |
RESPONSE in Opposition re
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MOTION to Dismiss for Lack of Jurisdiction or Failure to State a
Claim filed by Yixiao Sun. (vrp) (Entered: 10/09/2007) |
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10/29/2007 |
Ex Parte MOTION for
Extension of Time to File Response/Reply by Michael Chertoff, Emilio T.
Gonzalez, Robert Mueller. (Attachments: # 1
Declaration # 2
Proof of Service)(Callan, Megan) (vrp). (Entered: 10/29/2007) |
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11/01/2007 |
ORDER granting 33
Motion for Extension of Time to File Response/Reply re 7
MOTION to Dismiss for Lack of Jurisdiction or Failure to State a
Claim. The date by which the Reply must be filed is hereby extended
to 11/1/07. The hearing on this motion scheduled for 11/5/07 is hereby
continued to 11/13/07 at 10:30AM. Signed by Judge Larry Alan Burns on
10/31/07. (vrp) (Entered: 11/01/2007) |