A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.
Mandamus is a legal remedy used when there has been an unreasonable delay or inaction by a government agency, such as the United States Citizenship and Immigration Services (USCIS), in relation to an application. In the context of USCIS applications, a Mandamus sample is a document that serves as a template or guide for individuals seeking to file a Mandamus lawsuit against USCIS to prompt the agency to take action on their pending applications. A Mandamus sample for USCIS application typically includes the following key elements: 1. Introduction: This section establishes the identity of the petitioner (person filing the Mandamus) and outlines the purpose of the document, which is to request the court to issue a writ of Mandamus against USCIS. 2. Legal Basis: Here, the petitioner cites the applicable legal provisions that grant the court jurisdiction to hear Mandamus petitions and compel agency action. 3. Background: This part provides a detailed description of the petitioner's USCIS application, including the filing date, the type of application (e.g., green card application, naturalization application, work permit application), and any supporting documents submitted. 4. Delays or Inaction: This section describes the specific delays or inaction by USCIS that have prompted the petitioner to file a Mandamus lawsuit. It includes the duration of the delay, any requests for status updates made by the petitioner, and any responses or lack thereof from USCIS. 5. Exhaustion of Administrative Remedies: The petitioner demonstrates that they have exhausted all available administrative remedies, such as submitting inquiries, making service requests, or escalating the case to a USCIS supervisor. 6. Request for Relief: This portion of the Mandamus sample states the specific relief sought by the petitioner, which is typically an order from the court directing USCIS to take immediate action on the pending application and provide a decision within a reasonable time frame. 7. Supporting Evidence: The petitioner includes supporting evidence to strengthen their case, such as copies of USCIS correspondence, proof of application submission, evidence of communication with USCIS, and any other relevant documents. 8. Conclusion: The Mandamus sample concludes with a formal request for the court to issue a writ of Mandamus against USCIS and provide any additional relief deemed appropriate. While a Mandamus sample for USCIS applications generally follows this structure, variations may exist depending on the specific type of application and circumstances. For example, Mandamus samples may vary when challenging delays in the processing of employment-based petitions, family sponsorship applications, or asylum applications. It is important for individuals to adapt the Mandamus sample to their unique circumstances and seek assistance from an immigration attorney for guidance tailored to their specific situation.
