phila_babu said:
A writ of Mandamus Action is a legal procedure that will basically force INS to make a decision on your case. They will either have to approve it or reject it. But for them to make that decision, they need all the facts. This is where the FBI comes in. I believe they must complete the name check within 45 days. In any event, it becomes an inter-agency problem, not yours. Does that answer your question? If i spoke out of school, let the gurus in this forum correct me.
Here is what a writ of Mandamus means
MANDAMUS - The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.
It is a command issuing in the name of the sovereign authority from a superior court having jurisdiction, and is directed to some person, corporation, or, inferior court, within the jurisdiction of such superior court, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the superior court has previously determined, or at least supposes to be consonant to right and justice.
Mandamus is not a writ of right, it is not consequently granted of course, but only at the discretion of the court to whom the application for it is made; and this discretion is not exercised in favor of the applicant, unless some just and useful purpose may be answered by the writ.
This writ was introduced io prevent disorders from a failure of justice; therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one. Mandamus will not lie where the law has given another specific remedy.
The 13th section of the act of congress of Sept. 24, 1789, gives the Supreme Court power to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed or persons holding office, under the authority of the United States. The issuing of a mandamus to courts, is the exercise of an appellate jurisdiction, and, therefore constitutionally vested in the supreme court; but a mandamus directed to a public officer, belongs to original jurisdiction, and by the constitution, the exercise of original jurisdiction by the supreme court is restricted to certain specified cases, which do not comprehend a mandamus. The latter clause of the above section, authorizing this writ to be issued by the supreme court to persons holding office under the authority of the United States, is, therefore, not warranted by the constitution and void.
The circuit courts of the United States may also issue writs of mandamus, but their power in this particular is confined exclusively to those cases in which it may be necessary to the exercise of their jurisdiction.
Yes you will be given your due process right under the 14th amendment . However, the legal cost will be paid by you.
So if you wana go there and blow your money , it's your $$ b/c unless you are in deportation you have no cause of action to sue a.k.a gounds to sue b/c you have a EAD so you can work so unless you need security clearance to work for the govt. I dont see a cause of action. But try it so we can know. Maybe you can make history and set a precident.
People in the same scenario have gone to congressman or senators and they have got the FBI to speed up or the INS gets 30 days to approve it or deny the application.
