Government employees have never been known for expediency and efficiency, especially the lower down the chain of command that their position might be in. The general issue is that a federal administrative agency has a duty to act on an issue before it within a reasonable time. Sometimes, delays become unreasonable, and that’s when federal law gives a person who has been awaiting government action the right to file a mandamus lawsuit. In Latin, “mandamus” means we command. If successful, writ of mandamus will cause a court to command a subordinate administrative agency like U.S. Citizenship and Immigration Services (USCIS) to act on something when there has been an unreasonable delay. A writ of mandamus might be an effective tool in petitions involving the following:
- Temporary residence.
- Permanent residence.
- Citizenship by naturalization.
- Adjustment of status.
- Asylum petition
The Two Types of Writs of Mandamus
There are two types of these writs. Those are preemptory writs and alternative writs. A preemptory writ would tell the USCIS that it must act within its lawful duty. An alternative writ tells it that should either take certain action or in the alternative, show good cause why it doesn’t have to do so. Either type of writ is likely to operate to compel action on a person’s USCIS case.
The Court’s Mandamus Authority
For purposes of bringing a mandamus action against USCIS, the case must be filed in U.S. District Court. The person bringing a mandamus action need only show the following:
- He or she has a clear right to the relief sought.
- That person has done everything that is required to be done by the agency.
- The agency that the writ is sought against has a clear non-discretionary duty to perform the act in question.
- The person has no other adequate legal remedy.
Is Seeking a Writ of Mandamus a Good Idea?
Courts have broad discretion in deciding a mandamus case. If the court holds in favor of the person asking for the writ, an agency will be ordered to issue a decision on the pending issue. That doesn’t mean that the relief sought will be favorable though, and mandamus cases are notoriously complex. An experienced attorney from the California Central Valley law firm of Maison Law Immigration Lawyers can give you or your family member insight on whether even seeking a writ of mandamus is a good idea or not.
Contact a California Immigration Lawyer Today.
You’re justifiably concerned. The immigration status of you or your family member is of the utmost importance to you, and you don’t want to feel as if you’re in some kind of purgatory. That’s why filing for a writ of mandamus might be the best choice that you can make. Contact the Bakersfield California immigration lawyers at Maison Law Immigration Lawyers for sound advice and skilled legal representation on filing for the writ of mandamus. We can assure you that your rights will be respected.
