Writ of mandamus

Through a writ of mandamus, immigrants can expedite some of their immigration applications when they face excessive delays.

Immigration cases can sometimes be delayed without a clear reason, affecting the lives of those waiting for a response. 

Our immigration lawyers in New Jersey can evaluate your scenario and advise you on whether this legal action may be a valid option for your case.

What is a Writ of Mandamus in the united states in 2025?

A writ or mandamus is an order issued by a court instructing a government official to: 

• Fulfill their official responsibilities, or 
• Rectify an abuse of your discretion.

Typically, this order is filed when you want to process an application that has been pending for an excessive amount of time or has been unfairly denied.

Example of a Writ of Mandamus in the United States

• In the 2024 presidential election, a group of Colorado voters filed a petition with the Supreme Court (Trump v. Anderson) to disqualify President Donald Trump from the ballot. 
• Voters argued that under Section 3 of the Fourteenth Amendment to the US Constitution, Trump was disqualified from running because of his role in the January 6, 2021, assault on the Capitol. 
• The Colorado Supreme Court issued an injunction, ordering the Colorado Secretary of State to exclude Trump from the ballot for the 2024 primary. 
• However, this ruling was appealed and eventually the US Supreme Court stepped in, reversing the decision.

This case illustrates how court orders can influence even electoral processes. However, it also highlights the intervention of higher courts to ensure that judicial decisions are in line with the Constitution.

How can a Writ of Mandamus unblock and speed up your immigration case?

In immigration, a writ of mandamus is generally a civil lawsuit against USCIS in Federal Court. 

• This lawsuit asks the court to force the immigration agency to make a decision on the immigrant petitioner’s application or petition. 
• In addition to USCIS, the so-called writ of mandamus also allows you to file a lawsuit against other US agencies, such as:
  • Federal Bureau of Investigation (FBI).
  • Department of Homeland Security (DHS), and 
  • American consulates or embassies.
• The writ of mandamus may be used in cases where there has been an unreasonable delay or unlawful retention of action. 
• This type of action should be considered as a last resort, after other means have been fully explored. 

It should be noted that while the writ of mandamus may force USCIS to expedite the processing of delayed applications, it does not require it to grant a favorable outcome to the applicants.

Types of Mandamus

Among the most common types of mandamus are:

• Peremptory mandamus: A mandamus issued for the government entity to act in accordance with its legal duty. 
• Alternative writ of mandate: It is a mandamus to force a government entity to take a certain action, or failing that, to show the judge why it does not have to obey. 

There are other types of mandamus, but these are the ones most commonly used in legal cases.

How does a Writ of mandamus affect immigration agencies?

A mandamus against immigration agencies, such as USCIS, may be effective in certain scenarios. 

For example, if a request has remained unanswered for a considerably longer time than other similar cases.

However, mandamus cannot force the agency to approve a request if it must first make a decision at its discretion. It can, however, force the agency to issue a decision within a specific time frame.

When can a Writ of mandamus be filed? 

There is no specific deadline for filing a writ of mandamus, but if the application is filed after an excessive amount of time without justification, it may be rejected. 

Some examples of cases where a mandamus might be filed include:

• When the Department of Corrections does not recognize an inmate’s time served.
• When records requested under the public records law are not delivered.
• When a lower court fails to decide a long-standing motion.
• If a court-appointed attorney or public defender fails to provide the required information.
• If a lower court dismisses a case in error by failing to recognize its jurisdiction.

In what specific cases can a Writ of mandamus be filed?

Here are some of the cases where filing a writ of mandamus may be helpful:

• US-family based immigration or employment petitions,
• Naturalization, or
• Adjustment of status to obtain a Green Card.

However, for this to proceed, there must be unreasonable delays in their cases before USCIS.

What are the limitations of a Writ of Mandamus?

The writ of mandamus has a restricted use and cannot be submited in the following cases:

• Asking an appeals court to review a wrongful decision of a lower court.
• Ordering the lower court to make a discretionary decision.
• To control the actions of a lower court.
• Circumventing the restrictions established by the constitution on the use of this resource.

What can’t I do with a writ of mandamus?

A writ of mandamus is not appropriate if you are being unlawfully imprisoned. In that case, the appropriate relief is Habeas Corpus.

Similarly, a mandamus cannot be used to prevent a court from taking an action. 

This writ is designed to force a court to make a decision or take a specific action. If you are seeking to stop a court from taking action, you will need to file a writ of prohibition.

What are the requirements for filing a Writ of mandamus?

The requirements for filing a petition for a writ of mandamus are as follows:

• The petition should be titled as follows: “In re [name of petitioner].”
• Must include:
  • The relief requested, clearly specifying what action the court is being asked to take.
  • The issues raised, detailing the problems or legal points that are being questioned.
  • The facts necessary to understand the issue. For example, explain the facts relevant to understanding the problem.
  • Explain why the court should issue the requested order.
• Include a copy of any order, opinion, or part of the record that is relevant and essential to understanding the issues raised in the petition.

These requirements ensure that the application is complete and clear so that the court can properly consider it.

Can my petition for mandamus be denied?

The court may deny your petition for writ of mandamus without requiring a response. However, in some cases, if it does not immediately deny the petition, it may order the defendant to respond within a certain period of time.

In addition, the appellate court may invite or instruct the trial judge to refer the petition.

This procedure takes priority over ordinary civil cases. However, the final decision will depend on the court’s assessment and the specific circumstances of the case.

What should you consider when filing for a writ of mandamus in the United States?

When filing a petition for a writ of mandamus in the United States, remember that:

• The petition must be titled in accordance with the requirement. Otherwise, it may be denied.
• You will have to pay a standard fee of $600, unless a waiver is requested due to lack of resources.
• If the court finds that it cannot grant the petition, it may reject it without requiring a response. Otherwise, it will order the respondent to respond.
• Generally, a mandamus decision is made based on the documents submitted, without the need for oral arguments. However, in some cases oral arguments may be requested.

Are you tired of waiting for a resolution to your case? Talk to Curbelo Law

If you have been waiting for a response to your case for months or even years, don’t wait any longer. With a writ of mandamus, you can speed up the resolution of your immigration status, including the process to obtain US citizenship.

Many immigrants fear that filing an action against a government agency will result in retaliation, but that is not true. 

Unjustified delays by USCIS or the Department of State often occur because there is no oversight of their decisions.

By filing for a writ of mandamus, a court will oversee the agency’s actions (or lack thereof) on your case. If your case is being delayed, contact us at Curbelo Law. Attorney Carolina T. Curbelo can help you sort it out.