Mandamus Action - Arlington Virginia
- Thread starter Abhatti
- Start date
Ptania08
Member
Recently or last year? This year has been slow
Last year.
Hi, our case just reached the 4 year mark, and we recently filed a mandamus. However, we were assigned to a judge who previously ruled that a 4 year delay is not unreasonable. I checked online, and our lawyer confirmed this as well. Do you think the government will fight back in our case? It’s under the Arlington Asylum Office.
Nothing is predictable these days but government fighting back means "Cost" .... lawyers would love that of course !
But will government actually would ? I don't think so unless you are a famous figure and winning from you benefits them big in media / politics etc. If not, it would be easy for them to schedule your interview and be done with it
Short answer --> NO
Thanks for your reply. I’m really worried now. Before filing the mandamus, I was hopeful and confident, but now, after seeing some cases where the government fights back and the judge usually sides with the defendant, I feel so bad. I don’t understand how the government decides which cases to schedule for an interview and which ones to fight back on. The lawyer said it is just random……
I'd say go for it, assuming if your case if strong.
Hi Abhatti,
I wanted to know that after your lawyer served the summons in your mandamus case, what did the case status show online?
If they scheduled an interview, did the system show something like “moot” or “dismissal”?
Or does the government lawyer usually file a motion to dismiss as routine procedure, and then arrange the interview while communicating with the asylum office?
I’m just trying to understand how the case progress looks in the system.
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In my case, back in March 2025 when we filed mandamus, nothing happened on USCIS portal until 30 days later in April , status updated to "Interview is scheduled" and then everything else followed till i got my approval in June 2025
Didn't see MOOT and DISMISSAL terms during my case
But Judge grants government 120 days to conclude (means interview + decision) and by then or before the judge will dismiss the case
If USCIS fails to conclude within 120 days, then government lawyers are required to present before judge and explain the reasoning and get another set of 120 days , this practice goes on and on and on till USCIS finally concludes the case
This becomes costly for USCIS because they will be paying a lot to their lawyers, so they would rather schedule interview, make decision and get done with it
Thanks!
When a judge grants the government 120 days to conclude, does that mean it’s kind of a favorable ruling for the plaintiff? Like, it forces the government to actually take some action within that time, right?
But I guess it still depends on how the judge views the 4 year delay. If he doesn’t think four years is unreasonable, then he probably wouldn’t issue that kind of deadline order.
I also saw that in some of his past cases, when the government filed motions to dismiss or motions for summary judgment, he ruled in favor of them. It's a real concern for me.
was your case filed in Virginia or Maryland court?
Its not about forcing USCIS to decide in your favor, but its forcing USCIS to adjourn or conclude the matter within 120 days (this include interview + decision), and decision could be whatever , judge is not telling USCIS here to "grant" asylum.
120 days is what judge provides to USCIS , thinking its enough time for them to conclude
About that 4 year delay, there is no such thing as 4 is too much or too short, but rather how judge saw that as not too much delay (i honestly don't know since this is new for me), Plus it cannot be person specific, e.g. 4 years is too much for person 1 but not enough for person 2
If Judge thinks 4 years is not enough then it will give a blank check to USCIS not to entertain any case before 4 years
All i would say is, if you are an ordinary person with no criminal history or fraudulent application (this is where they will come after you) then go ahead and fight, But of course have your lawyer make the final call,
you and i may have good amount of knowledge but they are the cats from that hood , they appear in court every day and deal with cases all the time
My case was in Federal Court Alexandria Virginia