Expediting FBI Name Checks

Peter Schey is willing to provide a sample complaint and accompanying letter related to getting FBI name checks done expeditiously. In email correspondence he indicated as follows:

[Copies were] sent to CIS General Counsel, FBI General Counsel, etc. I think the name check got done within about 48 hours after I blitzed everyone. This case was done through my private practice which focuses on complex cases generally involving litigation (or threat of litigation, as in this case). I filed a similar case through the Center for Human Rights in April 2005 for an unaccompanied minor who was “aging out” of SIJ eligibility (due to what I think is an illegal age out regulation). The name check got done later the same day the suit was filed with an application for a TRO – the kid was “aging out” the next business day. We’re still working on that case (Perez-Olano v. Chertoff) trying to overcome a Government motion to dismiss based on mootness and seeking class certification. We have added new plaintiffs who did age out as a result of the combination of the likely illegal age out regulation and delays in getting SIJ and adjustment applications adjudicated. Possibly of some interest to you and those you may in touch with, I also raise in that case a challenge to the current policy/regulations that only permit an IJ to adjudicate an adjustment application when a removal case is over and cannot be reopened. There are many adults faced with this problem (far more adults than minors). I’m looking for potential adult plaintiffs. Basically, sympathetic folks with an approved visa petition, current priority date, final order of removal, and no easy route to reopen their removal case.

For more information, contact Peter directly at:

pschey@centerforhumanrights.org

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