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Notice Of Intention To File For A Writ Of Mandamus And Declaratory Judgment
Often, inexperienced card or citizenship cases may be behind schedule for prolonged periods by using USCIS, because of FBI protection checks, lost documents or requests for evidence. It’s when the ones delays cross on for unreasonable periods of time that a petitioner can report aWrit of Mandamus.
When a petitioner has a “clear and certain claim” to a prompt reaction from USCIS, and the USCIS reliable in question has a “duty [that is] nondiscretionary, ministerial, and so it seems that prescribed as to be free from doubt,” and “no other adequate treatment is available” (Patel v. Reno, 134 F.3d 929, 931 (ninth Cir. 1997)), an attorney can petition a Federal District Court for a Writ of Mandamus.
A Writ of Mandamus (28 U.S.C. § 1361) orders a federal agency, authorities officer, public body, organisation or man or woman to meet mandatory or ministerial duties or correct an abuse of discretion. USCIS is legally required to make your mind up on all immigration applications, so a writ of mandamus compels the entity to take action in times of unreasonable delays or illegal withholding of action (Atlantic & Gulf Stevedores, Inc. V. Donovan, 274 F.second 794, 802 (5th Cir.1960)).
Notice of Intention to File Claim
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