Writ of Mandamus is the way out!

P

PRUSA

Registered Users (C)
http://www.cella-associates.com/news.php?do=view&sid=102

"According to a U.S.C.I.S. memo issued January, 2005, the following criteria must be established in order for an FBI name check to be expedited:

1. Military depolyment must be imminent;
2. Age-out benefits (not covered under the provisions of the Child Status Protection Act);
3. Writ of Mandamus - Lawsuit Pending in Federal Court;
Compelling reasons as provided by the requesting office (i.e. critical medical condition) assessed on a case-by-case basis."
 
dw2005 said:
Glad to hear that news.

Do I have to wait 120 days after interview to file such lawsuit?
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YES. It's a must unless you want your case to be dismissed. Patience my friend.
 
Ok i know that we have to wait 120 before filing the mandamus, but is the 120 days are calender days or business/working days? I assume it's calender days as the law doesn't specify it? what do you guys think or know regarding this matter?
thank you
 
Publicus said:
Sony, have you decided what your next move will be?
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Publicus,
Why do you think i am asking about the days, I am waiting and ready. I just don't want to start it, and then get my case dismissed for a stupid reason as the number of days. By the way, how do you know it's calender days not business days. You sound so confident about it as you have a solid reference refers to that.
Let me know please. thank you.
 
Sony, I guess it's common sense. Well, the court system is not like the financial or mortgage business where you have three business days right of resciccion to cancel your loan for example. In the Justice system, when you get a ticket, and ask for 30-days extension, the judge or the court clerck counts the days including Sat. and Sun. That has been my experience with the court system. Also when you file a FOIA, the government has 20 days from the day they receive your request to answer you, and they do. If it was Business days, the law will state 120 Business days, as it happens with mortgages or car loans. Otherwise, a day is a day. And Sunday is a day. That's my humble opinion. Any lawyers in the forum care to comment?

Also try to ask this question on the other forums you belong to? See what you can get.

Take care.
 
Publicus said:
Sony, I guess it's common sense. Well, the court system is not like the financial or mortgage business where you have three business days right of resciccion to cancel your loan for example. In the Justice system, when you get a ticket, and ask for 30-days extension, the judge or the court clerck counts the days including Sat. and Sun. That has been my experience with the court system. Also when you file a FOIA, the government has 20 days from the day they receive your request to answer you, and they do. If it was Business days, the law will state 120 Business days, as it happens with mortgages or car loans. Otherwise, a day is a day. And Sunday is a day. That's my humble opinion. Any lawyers in the forum care to comment?

Also try to ask this question on the other forums you belong to? See what you can get.

Take care.
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Thank you publicus,
Your opinion makes all the sense. and that's what i concluded too. but to be sure, i will take you advice and ask in other forums where there is closer positng by attornies. thanks
 
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