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igoyougoduke

How to file a Mandamus in Federal Court

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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 
 

 

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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 by igoyougoduke

duh

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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 

duh

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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

 

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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

duh

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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.

 

 

 

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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 by igoyougoduke

duh

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Filed: Citizen (apr) Country: Ecuador
Timeline
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.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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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.  

duh

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Filed: Citizen (apr) Country: Ecuador
Timeline

Interesting.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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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

duh

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