Introduction
A writ of mandamus is a court order compelling a government official, agency, or lower court to perform a duty they are legally obligated to complete. This legal remedy is often sought when there is no other adequate remedy available, and the petitioner must demonstrate a clear right to the action requested. Below is an example of a writ of mandamus involving an immigration case.
Case Example
Petitioner: John Doe, an immigrant applying for adjustment of status
Respondent: United States Citizenship and Immigration Services (USCIS)
Context: John Doe has applied for adjustment of status to become a lawful permanent resident of the United States. Despite submitting all required documents and waiting for an extended period, USCIS has not taken any action on his application. Believing that USCIS is unreasonably delaying the processing of his application, John Doe files a writ of mandamus to compel USCIS to make a decision.
Writ of Mandamus Example
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF [STATE]
John Doe,
Petitioner,
v.
United States Citizenship and Immigration Services,
Respondent.
Civil Action No. [Case Number]
PETITION FOR WRIT OF MANDAMUS
INTRODUCTION
- This is an action to compel the United States Citizenship and Immigration Services (USCIS) to adjudicate the adjustment of status application of Petitioner John Doe, which has been unreasonably delayed.
PARTIES
- Petitioner John Doe is a citizen of [Country] who resides in [City, State], and has applied for adjustment of status to become a lawful permanent resident of the United States.
- Respondent USCIS is the federal agency responsible for the adjudication of applications for adjustment of status and is located at [USCIS Address].
JURISDICTION AND VENUE
- This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1361 (mandamus jurisdiction), 28 U.S.C. § 1331 (federal question jurisdiction), and the Administrative Procedure Act, 5 U.S.C. § 701 et seq.
- Venue is proper in this district pursuant to 28 U.S.C. § 1391(e) because a substantial part of the events or omissions giving rise to the claim occurred in this district, and Petitioner resides in this district.
FACTUAL ALLEGATIONS
- Petitioner John Doe filed his application for adjustment of status (Form I-485) on [Date of Filing].
- Despite providing all requested documentation and responding to all inquiries from USCIS, Petitioner’s application has been pending for over [Number of Months/Years] with no decision rendered.
- Petitioner has made numerous inquiries to USCIS regarding the status of his application, but has received no substantive response or explanation for the delay.
- The delay in processing Petitioner’s application has caused significant hardship, including [List of Hardships, e.g., inability to travel, employment restrictions].
CLAIMS FOR RELIEF
- Petitioner has a clear right to a timely adjudication of his adjustment of status application.
- Respondent has a clear duty to adjudicate Petitioner’s application within a reasonable time.
- Petitioner has no other adequate remedy available to compel Respondent to perform its duty.
PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that this Court:
A. Issue a writ of mandamus compelling USCIS to adjudicate Petitioner’s adjustment of status application without further delay;
B. Award Petitioner reasonable attorney’s fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; and
C. Grant such other relief as the Court deems just and proper.
Dated: [Date]
Respectfully submitted,
[Attorney’s Name]
[Law Firm Name]
[Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
Attorney for Petitioner John Doe
Conclusion
A writ of mandamus is a powerful legal tool used to compel government action when an agency or official fails to perform a duty required by law. This example illustrates how such a writ might be structured in an immigration case, demonstrating the key elements needed to establish jurisdiction, the petitioner’s right to relief, and the respondent’s duty.