Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: 2:23-cv-04884
Judge: Gary R. Brown
Court: United States District Court for the Eastern District of New York (Nassau County)
Plaintiff's Attorney: Denis McAllister
Defendant's Attorney: Vincent Lipari
Description: Central Islip, New York immigration lawyer represented the Plaintiff who sued Alejandro Mayorkas, as Secretary of Homeland Security, in his official capacity seek a writ of mandamus to adjudicate a visa petition.
"A writ of mandamus is a court order that compels a government official or agency to perform a specific act. In the context of immigration law, a writ of mandamus can be used to compel USCIS to make a decision on a visa petition that has been pending for an unreasonable amount of time.
To file a writ of mandamus, you must first file a petition with the federal district court in the district where you reside. The petition must allege that USCIS has unreasonably delayed in making a decision on your petition, and that the delay is causing you irreparable harm. You must also show that you have exhausted all other administrative remedies, such as filing a request for a decision with USCIS.
If the court grants your petition, it will issue a writ of mandamus ordering USCIS to make a decision on your petition within a specified period of time. USCIS is then required to comply with the court's order.
It is important to note that a writ of mandamus is a discretionary remedy, and the court may not grant your petition if it finds that you have not met all of the requirements. Additionally, a writ of mandamus will not guarantee that your visa petition will be approved. However, it can be a way to force USCIS to make a decision on your petition, which can be helpful if your petition has been pending for a long time.
If you are considering filing a writ of mandamus, it is important to consult with an immigration attorney to discuss your case and the best course of action.
Here are some of the factors that the court will consider when deciding whether to grant a writ of mandamus:
The length of the delay in making a decision on the petition.
The reasons for the delay.
The harm that the delay is causing to the petitioner.
Whether the petitioner has exhausted all other administrative remedies.
Whether the writ of mandamus is a necessary and appropriate remedy.
If you are considering filing a writ of mandamus, it is important to act quickly. The court may be less likely to grant a writ of mandamus if the delay has been too long. You should also consult with an immigration attorney to discuss your case and the best course of action."
Outcome: 09/13/2023 27 ORDER DISMISSING CASE: The Clerk of the Court is directed to close this case - Case closed. So Ordered by Judge Gary R. Brown on 9/13/2023. (JC) (Entered: 09/13/2023)