Compel DHS AND USCIS TO PERFORM THEIR DUTY AND MOVE YOUR CASE FORWARD WHEN IT IS UNREASONABLY DELAYED
What is a "Writ of Mandamus"?
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A writ of mandamus is a lawsuit filed in U. S. Federal District Court against a federal administrative agency. This type of lawsuit compels an officer of a federal administrative agency to perform their non-discretionary ministerial or mandatory duty. In the immigration context, these lawsuits are filed when your application or petition is unreasonable delayed. By filing a mandamus action, a U. S. Federal District Court can compel officers or employees of federal agencies like the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and/or the U.S. Department of State to act on your case so you are no longer waiting indefinitely. |
REMEMBER
Filing for mandamus relief does not grant or deny the relief you sought in your filing or decide your case on its merits. This is a procedural mechanism to get your case moving forward. No adjudication. Just asking the federal court to assist in moving your case forward. |
Why file for Mandamus relief?
Federal law requires federal administrative agencies to address matters presented to them within a reasonable time. 5 U.S.C. § 555(b). Federal law further states that federal courts "shall . . . compel agency action unlawfully withheld or unreasonably delayed. . . ." 5 U.S.C. § 706(1).
If your case is being unreasonably delayed and you can establish the following elements, then filing a writ of mandamus may be the best and fastest choice to get a decision:
1. Plaintiff has a clear right to the relief requested;
2. Agency has clear duty to perform the act at issue; and
3. There are no other available adequate remedies.
WHERE TO FILE? - VENUE IN TEXAS FOR YOUR MANDAMUS CASE
For mandamus cases brought against an officer or employee of the United States or its agencies, venue is proper in any district where (1) a defendant resides; (2) a substantial part of the events or omissions giving rise to the claim occurred; or (3) the plaintiff resides, if no real property is involved in the action. 28 U.S.C. § 1391(e).
Gilani Law Firm is admitted to file your mandamus lawsuit in any of the Federal District Courts in Texas. Please contact our office to discuss where to file your writ of mandamus case in Texas.