Defendant's Attorney: Thomas Duffey

Description: Washington, DC immigration lawyer represented the Plaintiff seeking a write of mandamus to force the adjudicate a visa application.

"A writ of mandamus is a legal order that a court can issue to compel a government agency to take a specific action. In the context of immigration law, a writ of mandamus can be used to compel the United States Citizenship and Immigration Services (USCIS) or a U.S. consulate or embassy to adjudicate a visa application within a reasonable time.

To obtain a writ of mandamus, the applicant must prove that:

They have a clear right to relief.
There is no other adequate remedy available.
The government agency has a clear duty to take the requested action.
The government agency has unreasonably delayed in taking the requested action.

If the court is convinced that the applicant meets all of these requirements, it may issue a writ of mandamus ordering the government agency to adjudicate the visa application within a specific timeframe.

Writs of mandamus are a powerful tool that can be used to expedite visa processing, but they are not easy to obtain. The applicant must be able to demonstrate that they have a clear right to relief and that the government agency has unreasonably delayed in adjudicating their application.

Here are some examples of situations where a writ of mandamus may be appropriate:

A visa applicant has been waiting for a decision on their application for many months or even years beyond the normal processing time.
A visa applicant is facing financial hardship or other harm as a result of the delay in adjudicating their application.
A visa applicant is eligible for a visa under a specific category, such as an H-1B visa or an O-1 visa, but USCIS is refusing to adjudicate their application.

If you are considering filing a writ of mandamus to expedite your visa processing, it is important to consult with an experienced immigration attorney to discuss your case.'

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Outcome: 10/13/2023 MINUTE ORDER: Pursuant to Plaintiff's Notice of Voluntary Dismissal, Dkt. 6 , it is hereby ORDERED that the case is DISMISSED without prejudice. The Clerk of Court is directed to terminate this case. Signed by Judge Randolph D. Moss on 10/13/2023. (lcrdm1) (Entered: 10/13/2023)

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