Filing Mandamus Action : Attention 2001/2002/early 2003 filers

S

Sumanta

Registered Users (C)
Has any of you ( or anyone you know ) ever filed a Mandamus Action
against USCIS ?

I am trying to explore the possibility of doing this myself; just wanted
to know if anyone here has any prior experience.

Also, if possible, can we use this forum to share knowledge regarding
doing this, how to fill up forms, what's the procedures etc ?

Going by what I have seen of attorneys in this country, I have zero doubts
that most of us can do this by ourselves with some homework.

As for what it can do, I will refer you to the following :
http://www.cyrusmehta.com/tv_cyrus.asp?news_id=145&intPage=24
http://www.ailf.org/lac/lac_pa_081704b.asp
http://www.lianglaw.com/Article/2003/101403-howtoforceinstodoitsjob.htm

To me it looks like this may be an effective and legal way and probably the
only way to get delays addressed.
 
Some starting HOW TO Info

Here's an attached PDF I picked up.

It clearly says one can initiate action ( of course if there are
enough grounds..I am sure a delay of 800 days when notice says between
365-540 days is one such ground ) to compel an officer of the United States
to perform his duty.
 
Individually or as a group

What I am not sure is which one's a better idea :

a) Individually filing Writ of Mandamus

OR

b) Filing Writ of Mandamus as a group, with 20-30-40 affected people.

I don't believe the latter is equivalent to a Class Action Lawsuit.
In fact the Mandamus Action, from what one reads, is not even a
lawsuit or litigation. Its rather a complaint to the Court of Law saying,
hey look....an officer is not performing his duty.

I think that's what makes it unique, that its a Complaint to the Court.
So far, we have been thinking we should Complain to VSC Director, VSC,
Congressman, DHS Secretary...but then this is a legally available tool
for complaining to none of the above but to a COURT.
 
Exhausting other options may be a good idea

I think this may be very effective, especially if done after exhausting
other options that are provided today by USCIS, namely

1) Case Status Enquiry
2) Expedite Request by fax

In other words, if USCIS says on your I-485 Receipt Notice that they will
get back to you after 365-540 days, if a Status Enquiry says they will
let you know something after 60-90 days, if your Request to Expedite FAX
was rejected by USCIS, and you are now in the range of 700-900 days
from your Receipt Date,

IF YOU DO SATISFY ALL OF THE ABOVE

a Mandamus Action from a Court is bound to make an Officer work on your
case; he can't say you didn't try the allowed routes since you can show
you tried all of the above. If he says delays are due to FBI delays, well
then he either has to follow up with FBI or alternately, a Mandamus
can be initiated on the other agency.

Maybe I am thinking aloud here, but does it resonate with anyone ?

Again, from what I read and understand, this can be as potent if done
by an individual affected applicant, as by a group of affected applicants.
 
Are you filing on your own or via lawyer

I would be interested in this. After I do my EXPEDITE REQUEST.

Are you doing this through a lawyer or by yourself ?
And do you have an immigration lawyer who's handling your I-485 ? If you
are, are you planning to file the Mandamus with his/her consent or
independently ?
 
Class action lawsuit

Guys,
Do you think that USCIS is holding the cases who had signed up for the class action lawsuits?

Just my thinking and in no way implying or trying to blame Rajiv. He is a gem of a person and helped our community a lot. But is it possible that USCIS does this as we had filled out Alien # and other personal info in the lawsuit.
 
pathikb said:
Guys,
Do you think that USCIS is holding the cases who had signed up for the class action lawsuits?

Just my thinking and in no way implying or trying to blame Rajiv. He is a gem of a person and helped our community a lot. But is it possible that USCIS does this as we had filled out Alien # and other personal info in the lawsuit.
Click to expand...

First of all, Rajiv has not supplied this list to INS. Even if INS saw our names from this web site (it's a big joke to think so), then there is no way they will hold any case just because of this reason. I am one of the first 10 persons to sign this petition and yet got approved 5 months back.
 
My 2 cents.

Looks like "Writ of Mandamus" is to make the govt. employees to work. Am I right?

If thats the case, no where we heard so far that they are not working. What USCIS is claiming is that "They have more work than the people hence all these delays"

We have to think about it before using it, if it works for our advantage.
 
I agree with OneMoreStupid comments below for Sumantha and other similar cases where all security checks are done and USCIS is not able to work on cases because of lack of man power ( we all know that....)

But if you see the cases where Name Check was never requested from the last two years or so and now they are telling us that they are short of man power etc...., then I am sure one can file the Writ of Mandamus for all those cases.

OneMoreStupid said:
My 2 cents.
Looks like "Writ of Mandamus" is to make the govt. employees to work. Am I right?
If thats the case, no where we heard so far that they are not working. What USCIS is claiming is that "They have more work than the people hence all these delays"
We have to think about it before using it, if it works for our advantage.
Click to expand...
 
Options Exhausted

Hi,
My Options Are Exhausted, As I Have Send The Expedited Request By Fax Twice (service Error) Even Though No Response.

I-140: Pd/nov 11, 2001 Eb3 Substitution
I-140: Ap/jan 12, 2002
I-485: Pd/may 14, 2002


Please Any Suggestions For Me
I-140:
 
My EAD is pending for 13+ months with no RFE on any application. Here's a post where J D Mills about Mandamus:

http://www.jdmillsesq.com/forum/viewtopic.php?t=549

Though, the "Robertson v. Attorney General" in the document you posted makes me wonder if any of us can use mandamus at all, as it appears most of AOS process is "directory" by the guideline given in that case.
 
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talkative said:
My EAD is pending for 13+ months with no RFE on any application. Here's a post where J D Mills about Mandamus:

http://www.jdmillsesq.com/forum/viewtopic.php?t=549

Though, the "Robertson v. Attorney General" in the document you posted makes me wonder if any of us can use mandamus at all, as it appears most of AOS process is "directory" by the guideline given in that case.
Click to expand...


But....did you file a mandamus suit against USCIS ????
 
Writ of Mandamus is the right option. Explore this option. It's really bad that 2001 and 2002 filers are still waiting.
 
How can I locate writ of mandamus cases filed against USCIS online?
 
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