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Case Number: 1:23-cv-04926
Judge: J. Paul Oetken
Court: United States District Court for the Southern District of New York (Manhattan County)
Plaintiff's Attorney: David Rodkin
Defendant's Attorney: Monica Beamer
Description: New York City, New York immigration law lawyer represented Plaintiff seeking a writ of mandamus.
"Immigration mandamus actions are a type of lawsuit that can be filed against the government to compel it to comply with the law. In the context of immigration law, mandamus actions are often filed to challenge the government's decision to deport someone who is eligible to stay in the United States.
To be successful in an immigration mandamus action, the plaintiff must prove the following elements:
The plaintiff has a right to be in the United States.
The government has a duty to comply with the law.
The government has violated its duty to comply with the law.
The plaintiff will suffer irreparable harm if the government is not ordered to comply with the law.
The public interest favors ordering the government to comply with the law.
Immigration mandamus actions can be a powerful tool for challenging the government's immigration policies. However, they are also complex and time-consuming to bring. If you are considering filing an immigration mandamus action, you should speak with an attorney to discuss your legal options.
Here are some examples of immigration mandamus actions:
A person who is eligible to stay in the United States but has been ordered deported can file a mandamus action to challenge the deportation order.
A person who has been denied asylum can file a mandamus action to challenge the denial.
A person who has been detained by the government for an excessive period of time can file a mandamus action to challenge the detention.
Immigration mandamus actions can be filed in federal court. The court will decide whether to grant the mandamus petition based on the factors listed above. If the court grants the petition, it will order the government to comply with the law.
Immigration mandamus actions can be a long and expensive process, but they can be successful in challenging the government's immigration policies. If you believe that you have been wrongfully denied immigration benefits, you should speak with an attorney to discuss your legal options."
Outcome: 08/08/2023 9 PROPOSED STIPULATION AND ORDER. Document filed by Ur M. Jaddou, Alejandro Mayorkas..(Beamer, Monica) (Entered: 08/08/2023)
08/08/2023 10 STIPULATION AND ORDER OF DISMISSAL: IT IS STIPULATED AND AGREED, by and between the parties, that this action is hereby dismissed without prejudice and without costs or fees to any party pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/8/2023) (ate) (Entered: 08/08/2023)