Writs of Mandamus and Federal Court Litigation
It is not unusual for the federal government to fail to act in adjudicating an immigration-related application, even when it has a duty to do so. In situations of extensive delays, one potential remedy is the “Writ of Mandamus”. The Writ of Mandamus is a federal court action filed with the U.S. District Court, asking a judge to order the government to render a decision.
Prior to filing a mandamus action, all other means of resolving the case must be exhausted. Depending on the type of case, this may involve making inquiries about case status at an Infopass appointment, filing a request for case liaison assistance with either the American Immigration Lawyers Association (AILA) or Congressional liaison, and contacting the local Assistant Chief Counsel for Citizenship and Immigration Services to advise of plans to file a mandamus action.
Plaintiffs must establish a clear right to the relief requested, that the government has a clear duty to perform the act in question, and no other adequate remedy is available. Questions of whom to sue and serve, venue and whether to seek injunctive/declaratory relief must be considered. In a mandamus action, the federal judge only has authority to order that a decision be made. S/he does not have the authority to compel an approval.
It is our experience that most cases are successfully resolved prior to a judicial hearing or trial. Although the length of time to resolve a matter through mandamus varies, often cases are resolved and a government decision issued within three to six months.