View Full Version : Writ of Mandamus and improper I-485 Denials
ind_game
05-15-2009, 08:17 PM
Can someone shed light on this topic?
I know Writ of mandamus cases are common for FBI name check delays.
What about AC 21?
When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?
What are the costs involved?
How much time does it take to get a ruling from the court?
qasleuth
05-15-2009, 11:48 PM
Can someone shed light on this topic?
I know Writ of mandamus cases are common for FBI name check delays.
What about AC 21?
When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?
What are the costs involved?
How much time does it take to get a ruling from the court?
Per Wikipedia "The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:[3]It must be a duty of public nature and the duty must be imperative and should not be discretionary."
The last sentence is key. AC21 is the law but USCIS issued multiple 'Memos' clarifying, making rules, giving 'recommendations' etc etc. These memos are not cast in law but sound like "discretionary". It also perhaps depends on the exact reasons for denial. Did the person get an RFE before a denial, the applicant move to same or similar job, was the I140 approved or was it merely 'approvable'. Many moving parts.
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