Defendant's Attorney: No appearance

Description: St. Louis, Missouri immigration lawyer represented the Plaintiff who sued the Defendants seeking a writ of mandamus to adjudicate a visa petition.

"A writ of mandamus is an extraordinary writ issued by a court to compel a government official or agency to perform a duty that is owed to the petitioner. In the context of immigration law, a writ of mandamus can be used to compel U.S. Citizenship and Immigration Services (USCIS) to adjudicate a visa petition.

To be eligible for a writ of mandamus, the petitioner must demonstrate that:

There is a clear legal duty on the part of USCIS to adjudicate the visa petition.
USCIS has failed to perform that duty.
There is no other adequate remedy available to the petitioner.

The petitioner must also show that they have suffered irreparable harm as a result of USCIS's failure to adjudicate the visa petition. Irreparable harm is a legal term that means that the petitioner's injury cannot be adequately compensated by money damages.

If the court grants the writ of mandamus, it will order USCIS to adjudicate the visa petition within a specified period of time. The court may also order USCIS to provide the petitioner with a copy of its decision on the petition.

Writs of mandamus are rarely granted in immigration cases. This is because courts are generally reluctant to interfere with the discretion of USCIS. However, a writ of mandamus may be granted if USCIS has unreasonably delayed in adjudicating a visa petition or if USCIS has failed to follow its own regulations.

If you are considering filing a writ of mandamus to compel USCIS to adjudicate your visa petition, you should consult with an immigration attorney. An attorney can help you determine whether you are eligible for a writ of mandamus and can help you file the petition with the court."

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Outcome: Docket Text ORDER: Federal Rule of Civil Procedure 41(a)(1)(A)(i) provides for dismissal without a Court Order upon notice before the opposing party answers or files a motion for judgment. Defendant has neither answered nor filed a motion for summary judgment. As such, the Motion to Dismiss Case is converted to a Notice of Dismissal. The Clerk of Court shall make entry in the docket record reflecting the dismissal of this action without prejudice and to close this case accordingly. Signed by Magistrate Judge John M. Bodenhausen on 11/6/23. (SGP) (Entered: 11/06/2023)

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