A USCIS pause is a policy decision, not a law passed by Congress. A writ of mandamus is based on unreasonable delay under federal law. So even if there is a policy pause, people can still file mandamus in federal court to challenge the delay.
Waiting Asylum decision
- Thread starter LadyLee
- Start date
they definitely can. but good luck
Asylee11
Well-Known Member
he is right! they can fight the mandamus, but they can not say hey there is a pause nope ! federal law does not work that wat
that's exactly what they say. as I read from a different groups, there are a few cases where applicants just lost money on the mandamus. But everyone is deciding for himself I think.
I have a question. I applied for a green card from asylum a year ago and then applied for mandamus, but it was rejected after 4 months later. My lawyer filed an opposition, and it's been 50 days now with no response. I contacted the lawyer, and he said there's been no reply yet. What should I do?
Mandamus , rejected by who exactly ?
It's true that the pause is a policy decision not passed into law. However, even if you pass the test of statutory definition of an asylee, at the end of the day, the decision is discretionary, and mandamus does not obligate the government to approve, but rather simply adjudicate favorably or unfavorably. What I'm trying to say is the current situation is uncharted territory, and there's very little data to predict an outcome.