Writ of mandamus for immigration application delays
Writ of Mandate Approved
A writ of mandate (mandamus) is an extraordinary court order directing a government agency, officer, or lower tribunal to perform a clear legal duty.
What Approval Means
Approval turns the court’s reasoning into a binding directive. The respondent must take the specific action ordered—such as issuing or reconsidering a decision, scheduling a hearing, producing records, or applying the correct legal standard. Failure to comply can trigger enforcement proceedings, sanctions, or contempt.
Typical Grounds
- The agency misapplied the law or ignored mandatory procedures.
- The decision was arbitrary, capricious, or unsupported by substantial evidence.
- The agency unreasonably delayed action required by statute or regulation.
Immediate Effects
Agencies must create a compliant record, provide proper notice, and reconsider under the correct legal framework.
The prior defective decision may be vacated or remanded with instructions.
Deadlines restart under the court’s order.
Next Steps for Petitioners
- Obtain the signed order and judgment. Calendar all compliance dates.
- Monitor agency action for strict adherence to the court’s instructions.
- Supplement the record with any newly allowed evidence or arguments.
Practical Tips
Maintain a clear paper trail, communicate in writing with the agency, and avoid actions that could moot the case. Ensure any parallel filings (appeals, applications, or motions) align with the writ’s directives.
How We Help
The Law Offices of Brian D. Lerner prepares, files, and litigates writ petitions; coordinates post-approval compliance; and, if necessary, pursues enforcement to secure the relief the court has ordered.
