In general, a “mandamus” is a written order issued by a court commanding a lower court or government officer to perform mandatory or purely ministerial duties correctly. In the immigration context, a person may file a mandamus petition in federal district court to force a DHS officer or other agency officer to perform a nondiscretionary duty, such as ordering USCIS to adjudicate an application or petition that has been unreasonably delayed (28 U.S.C. §1361).
In one mandamus action that was granted, the court ordered the INS to adjust a diversity lottery applicant prior to the end of the fiscal year.
Continue reading “Seattle Immigration Lawyer | Forcing DHS to Act, a Brief Look at Mandamus Actions”
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February 3rd, 2011
Tushar Mathur
Posted in Uncategorized
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