Writ Of Mandamus Filing

What is The Writ of Mandamus Process and What does a Writ of Mandamus Do?

The Mandamus begins with a “Complaint” that is filed in the US District Court for the appropriate district, which might be Washington, or where the project is located. The Complaint is served or officially presented, to the government. Internally, it must be assigned. Depending on the subject matter, it will likely be assigned to a lawyer at the Department of Justice who works in one of the litigation divisions.

A writ of mandamus can help you resolve unreasonable delays in the immigration process that have caused you to put your whole life on hold. When you submit an immigration application, you have a right to a decision in that case.

Filing a Mandamus Complaint

The attorney who first reads your Mandamus Complaint probably has no knowledge of the day-to-day activities at the agency handling your matter. But like any reasonable person, s/he wants less work, not more. Therefore, to find out what’s going on, s/he will usually contact the attorney that works “in-house” at the adjudicating office, who will be the contact and liaison between the attorney that handles the litigation and the adjudicating officer. Typically, the first notice of the existence of the Mandamus at the adjudicating agency will take place 45-60 days after it’s filed.

Will The Court Get Angry if I Pursue Mandamus?

First, consider why you are thinking about Mandamus in the first place - time. Litigation in US District Courts takes a lot of time, and you are already tired of waiting. If you file today, the earliest a judge would even know you exist is probably 60 days hence - minimum. So get the ball rolling. You can always decide to withdraw your Complaint later. 

Second, judges get graded on numbers, just like adjudicators, and easy cases make good statistics. While judges don’t like unnecessary work, if you hire the right lawyer, s/he will deal with the Court respectfully, and few US District Court judges will hold it against you if you withdraw a case or decide to enter into a Stay with the hope of ending a dispute. 

Finally, if you have a legitimate dispute with the government, there is nothing to fear. Even in this cynical age, there is no better guarantee of an individual’s rights than a US District Court judge.

Why Would An Attorney Discourage Mandamus?

Unfortunately, particularly in the EB5 field, your attorney may have divided loyalties. That should worry you more than the ire of some judge who will probably never know you exist. Most EB5 applicants vet projects and then ask the Regional Center, or the developer, for a referral to an attorney. For that attorney, most of the time, an EB5 client is a one-time deal - a single customer. But the developer or Regional Center has an ongoing stream of business to send to the attorney. Once you pay the flat fee, your attorney is already thinking about the next case.

Most importantly, a Mandamus action is about when and how your petition or application is decided, not about what decision will be rendered.

Contact My Us Consul For Expertise on a Writ Of Mandamus Today!

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