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View Full Version : Judge Awards $25,000 In Legal Fees In Mandamus Case


pa_arora
07-17-2008, 01:32 PM
A federal judge has ordered USCIS to pay attorney Kip Evan Steinberg $25,000 in legal fees after the lawyer's client sued the agency to force it to complete processing in an adjustment of status green card case. USCIS tried to point the finger at the FBI for delays in the name check process, but the judge wasn't buying. The judge found the 151 hours the lawyer put in to the case to be reasonable. So 151 attorney hours were wasted, an individual waited years unnecessarily and America's taxpayers are out $25,000.

- From Greg Siskind blog

kshitijnt
07-17-2008, 01:44 PM
I am pretty happy with this result. USCIS must be held accountable to a reasonable extent. We are not paying their retirement plans for free with endless pockets.

here4gc
07-17-2008, 01:46 PM
Can we get all pending I140 (Stuck from July) and all pending Eb3 and Eb2 (Whose PD Current and no I140) to collaborate and lets talk about a mandamus class action with all of us being members of the class ??

Come'n guys, show some traction...lets FIGHT

mundada
07-17-2008, 01:50 PM
Another case pointing that in the USA only lawsuits work to achieve short term results while lobby works to achieve long term solutions.

pa_arora
07-17-2008, 02:03 PM
PDF of the case-
http://www.ilw.com/immigdaily/cases/2008,0711-shirmohamadali.pdf

jonty_11
07-17-2008, 02:40 PM
howlong did the case run for years or months..? taht will decide if lawsuite only works

raysaikat
07-17-2008, 03:17 PM
A federal judge has ordered USCIS to pay attorney Kip Evan Steinberg $25,000 in legal fees after the lawyer's client sued the agency to force it to complete processing in an adjustment of status green card case. USCIS tried to point the finger at the FBI for delays in the name check process, but the judge wasn't buying. The judge found the 151 hours the lawyer put in to the case to be reasonable. So 151 attorney hours were wasted, an individual waited years unnecessarily and America's taxpayers are out $25,000.

- From Greg Siskind blog

Isn't $165/hour a steep rate?

gcgreen
07-17-2008, 04:59 PM
165/hr is peanuts man. lawyers are EXPENSIVE. period.

Isn't $165/hour a steep rate?

BarneySha
07-18-2008, 09:42 AM
$320 an hr!

His 'RFE response' charges were $450!

go figure...
lotsa people are making money out of the s*ituation we are in!

waitnwatch
07-18-2008, 01:00 PM
The amount is not the main issue. Awarding of fees by the court means that the court believes that the USCIS had no real legal leg to stand on for delaying the case for 4 years.

What it ultimately goes to show is that such unreasonable delay by the USCIS is plain bureacratic inefficiency and actually makes the bar lower for any future WOM cases.

Also it sets a precedence and anybody who has previously got a favorable WOM decision can go to court to recoup legal fees.

Wondering if this will open a floodgate - I guess the enhanced fees the USCIS is now charging will go towards paying these bills!

All in all this is a severe reprimand of USCIS practices - Hope they wake up!

NKR
07-18-2008, 01:18 PM
$320 an hr!

His 'RFE response' charges were $450!

go figure...
lotsa people are making money out of the s*ituation we are in!

Except us...

GCapplicant
07-18-2008, 02:37 PM
Good Attorney -Even DOL has to be sued for delaying labor approvals and backlog.Thats one of the reason for this huge retrogression.

gcgreen
07-18-2008, 03:19 PM
If you really think about it, it is a fair business price. Remember, the lawyer gets all his money by billing clients like you. He has to figure in his establishment costs such as rent, employee salaries, insurance, etc. Add to that the unpredictability of future business (e.g., if he gets work only for 10 days of the month, he still has to pay salaries to staff for the whole month), taxes (including soc. security, medicare, etc. that he has to pay for himself and for staff) and the risk of liability (e.g. what if you sue for malpractice?) and you get the high price.

Of course, it is a market economy, and people can always choose a better and cheaper source for the service. But at some point you will hit bottom, below which the business will be a loss maker, and this bottom will still be high for many!

$320 an hr!

His 'RFE response' charges were $450!

go figure...
lotsa people are making money out of the s*ituation we are in!