How to file a Mandamus in Federal Court

[igoyougoduke 1,605]

What is a Mandamus ?

A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. In case of immigration it deals with asking Courts to intervene when USCIS is not performing its task of adjudicating immigration petition within 180 days of filing date. Congress as part of immigration law has written the law that USCIS should adjudicate petitions at the max period of 180 days ( as per 8 USC CHAPTER 13) ( link: https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter13/subchapter2&edition=prelim#:~:text=It is the sense of,days after the filing of) 

 

 

Here is the basic essence of wom process :

 

Step 1: Draft and File complaint against Uscis . This will be the defendant. In the current scenario of April 2023, Mayorkas is the head of DHS or Jaddou is USCIS head. Court has a format for a civil complaint and a template (example of template from a court in San Francisco https://www.cand.uscourts.gov/wp-content/uploads/pro-se/legal-help-center-templates-and-packets/General-Complaint-Packet_12-1-2020.pdf). You can download it from local court website . You are filing the complaint as a "Pro Se" meaning yourself without a help of lawyer.

 

The complaint will need the following information

1) Nature of the Complaint:

 

You can write the complaint in simple English using the above template document and asking for something like below :

 

Iam so and so( include your name ) who has filed for I-XXX( xxx can be the form ( i-131, i-485, i-751)  with  receipt number  WAC21900XXXX  and it was filed with Uscis on date (dd-mmm-yyyy) and Uscis is expected to adjudicate  hold interview within 180 days of receiving the application as per 8 USC code 1186b. You can add more information about your petition as needed.

 

2) Second part is jurisdiction in the compliant .

 

You can says that the court has jurisdiction cause you live there as per  8 USC 1391(e) where you are resident of the jurisdiction and the defendant is a United States officer .You are allowed to file the case in your local jurisdiction aka district  you reside if the defendant is a United States officer

 

3) Third part in the complaint is statement of facts . This is where you tell the court why courts need to step in and tell Uscis to adjudicate the case. You are asking the courts to intervene as USCIS has not performed its duty assigned by Congress to adjudicate your case within 180 days of filing. ( see attachment X)

 

So most complaints don’t go for trial and the us attorney will reach out to you over phone to discuss an agreement. Us attorney will call and say “ hey we won’t need a trial but we can get you a decision  on your case in. 90/120/150 days “

 

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Going back to statement of facts is where you write the story . The courts needs to know why they need intervene and it is for you to tell them why ?. You can say something like below 

 

You talk about the i-131/i-485/i-751 Petition you filed .  You filed your i-131/485/751 on date dd-mm-yyyy.( see attachment 1)  you completed biometrics on dd-mm-yyyy date and it has been XX months since you filed and you have not got a decision on your case . 

 

Uscis current processing time for i-131/485/751.is now about XX months which is 10x the time set by Congress in immigration act of 1990 as per 8 USC 1186b . Congress  has set a guidelines of 180 days for Uscis to conduct to adjudicate the petition 

 

To close it out you can say USCIS has violated. 8USC 1186b or an immigration law section 8 USC XXXX ( read immigration law here https://www.law.cornell.edu/uscode/text/8/chapter-12)  and failed to adjudicate your case as set by Congress.

 

4) Last part of the complaint is relief

 

This is where you ask what court should do.You ask for court to enter a mandate time to adjudicate the petition. You sign the complaint at the end

 

That is the end of complaint and your mandamus (Writ of Mandamus) 

 

It should be about 4-5 pages max

 

5) Attachments 

You attach a print out of your i-131/485/751 receipt, green card( if applicable)  , USCIS processing time print out from USCIS.gov website

 

Along with complaint you need the following 

1) civil cover sheet 

2) summons

 

 

Here is a

link for civil cover sheet https://www.caed.uscourts.gov/caednew/assets/File/JS_044.pdf. ( search your own local federal court for the correct form )

link to summons https://www.uscourts.gov/sites/default/files/ao440.pdf ( search your own local federal court for the correct form )

 

 

Step 2: Filing the complaint with court:

 

Once you have the complaint and civil cover sheet and summons go to the local district court,Remember it is DISTRICT court

 

Go to the clerk at the court and tell you have a civil case to file . This has to be in person . They will review the documents . Make fourh copies of complaint and 4 copies of civil cover sheet and 4 copies of summons

 

Make a check for 402$ for filing fee

 

Once the clerk accepts the complaint they will take two copies of all documents .1 for court and 1 for chambers . They will give you 2 copy stamped for you (one copy for you and one backup) . You will get a case number assigned and like 500 pages of instructions

 

So now your complaint has been filed with Court. You now have to send a copy of complaint, Summons, Civil Cover Sheet and all the instructions that Court gave you to the defendant. 

 

Step 3 Serving the Complaint to defendants (USCIS/DHS) : 

So now the complaint is filed with court. Once the complaint is filed . You make like 4 copies of your complaint that was stamped by the court. You also make 4 copies of the documents given to you by court

 

So you should now have 4 copies of your complaint , civil cover sheet, summons and instructions from court

 

Now you need to serve three people 1) US attorney in your district 2 ) attorney general in Washington DC 3) Uscis office general counsel in Washington DC

 

Take stamped complaint , civil cover sheet , summon, court instructions and send them via usps certified mail to the above 3 officers 

 

Address for US attorney can be obtained by calling your local us attorney office

 

USCIS General counsel can he served at : office of attorney counsel ,dhs, 2701 Martin Luther jr ave, Washington DC, 20528-0485

 

Attorney general of United States office can be served at : US department of justice, 950 Pennsylvania ave, Washington DC 20530-0001

 

So now the complaint is served to three people 1) US Attorney in your district 2) Attorney General 3) General Counsel at USCIS/DHS

 

The clock now starts for 60 window before which the District Attorney will give you a phone call to negotiate. 

[OldUser 4,813]

Great job describing the steps in super detail. Even though I am not convinced this is DIY for the most people, I think it's very helpful to know the process.

 

So what about negotiation? Any tips there?

 

 

[Family 3,483]

2 hours ago, igoyougoduke said:

Here is the basic essence of wom process

Excellent post.
Here’s hoping you encourage many DIY ers with cases stuck in pending purgatory..to give it a shot. 

Your outline de mystifies the WOM and I agree it can succeed without the legal jargon.
..of course there are ready made filings ( by attorneys) in case anyone wants to dabble. .just request copies from courts online ..PACER 
 

 

[igoyougoduke 1,605]

19 minutes ago, OldUser said:

Great job describing the steps in super detail. Even though I am not convinced this is DIY for the most people, I think it's very helpful to know the process.

 

So what about negotiation? Any tips there?

 

 

it is doable but its not like downloading an app and order a burrito.

 

Courts wants the least pathway of resistance is to get the case thrown out.. courts are much better to plaintiffs in liberal states . so a lot of its matter which court you file. Negotiations depends on what the AUSA comes up with ? 99% of the time AUSA will call and say we will get case adjudicated in 60/90/120 days.  The 1% of AUSA will come to defend the government . In that case you need to read more and defend what the AUSA motion to dismiss is ? 

 

 

13 minutes ago, Family said:

Excellent post.
Here’s hoping you encourage many DIY ers with cases stuck in pending purgatory..to give it a shot. 

Your outline de mystifies the WOM and I agree it can succeed without the legal jargon.
..of course there are ready made filings ( by attorneys) in case anyone wants to dabble. .just request copies from courts online ..PACER 
 

 

All Immigration cases are sealed and only available to your lawyer/ plaintiffs and defendants. 

Edited May 1, 2023 by igoyougoduke

[igoyougoduke 1,605]

24 minutes ago, OldUser said:

Great job describing the steps in super detail. Even though I am not convinced this is DIY for the most people, I think it's very helpful to know the process.

 

So what about negotiation? Any tips there?

 

 

Yes this is to help those who cant afford a 5-10k for a mandamus but are ready to do a mandamus but dont know how/where/what to do. Our court systems dont really make it easy for Pro Se filers.  Its a billion dollar industry 

[Family 3,483]

51 minutes ago, igoyougoduke said:

All Immigration cases are sealed and only available to your lawyer/ plaintiffs and defendants. 

Thank you,, was not aware of that.

 

A quick search yielded some resources/practice advisories out there..if as you say one is willing to do a bit of research.

 

And even ran across this N-400 

http://ailaoh.org/wp-content/uploads/2015/06/2015-10-07-Complaint-for-Writ-of-Mandamus.pdf

 

[igoyougoduke 1,605]

9 hours ago, Family said:

Thank you,, was not aware of that.

 

A quick search yielded some resources/practice advisories out there..if as you say one is willing to do a bit of research.

 

And even ran across this N-400 

http://ailaoh.org/wp-content/uploads/2015/06/2015-10-07-Complaint-for-Writ-of-Mandamus.pdf

 

yes google is always your best buddy to get sample cases that were revealed but in most part almost all individual cases are sealed and will be difficult to get access unless authorized

[powerpuff 5,905]

I always wonder and I don’t know if anyone knows the answer, but does it work in a similar way for the DOS? E.g. when a case in an extended AP and someone wants to sue.

 

There was a poster today who reported successful WOM to issue F4 visa to someone who was in AP.

 

[igoyougoduke 1,605]

i have filed WOM at three different stages of my immigration. All 3 times cases were settled. I think its rubbish when they say WOM filing means automatically denial. Its exactly the opposite. WOM forces USCIS lethargy in adjudicating cases. As long as USCIS punts processing times to 2-3-4-5-10-12 years on cases, Court filing works.

Edited May 7, 2023 by igoyougoduke

[TBoneTX 43,059]

9 hours ago, powerpuff said:

does it work in a similar way for the DOS?  E.g. when a case in an extended AP

I'm betting mostly not.  Security checks are as opaque to the consulates as they are to us -- no one at the consulate can tell a visa applicant what's being looked at by whom or how long it might take.  In fact, one security-check stage might drag on so long that the validity of a previous stage expires, and that previous stage has to be redone.

[igoyougoduke 1,605]

3 hours ago, TBoneTX said:

I'm betting mostly not.  Security checks are as opaque to the consulates as they are to us -- no one at the consulate can tell a visa applicant what's being looked at by whom or how long it might take.  In fact, one security-check stage might drag on so long that the validity of a previous stage expires, and that previous stage has to be redone.

It actually works similar. You can file against the US consulate not processing in the name of security checks.  Yes you can file a case in federal court.. security checks in a reasonable time is acceptable but we all know how the story ends in years and years of security check delays.  

[TBoneTX 43,059]

Interesting.

[igoyougoduke 1,605]

Attached are sample versions of civil cover sheet and summons that go along with complaint. The summons document has two page. 1st page is the summons that the court will stamp and give it to you.

 

The second page is completed and filed with court when the complaint is served to defendants via USPS or a server SUMMON 2 visa journey.pdfcivil cover sheet.pdf

[powerpuff 5,905]

Another success story for Department of state WOM:

 

[igoyougoduke 1,605]

 

1 hour ago, powerpuff said:

Another success story for Department of state WOM:

 

Funny when the security checks almost magically finish when court deadline is due . Hilarious USCIS . they will make your run round and round and make life miserable until you take them to court. and than they shrink like a squirrel and approve the visa 

Edited May 15, 2023 by igoyougoduke