Immigration Litigation Tip For Mandamus Cases

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There is no statutory exhaustion requirement to fulfill in order to bring a viable mandamus case for an immigration delay. However, some courts have held that mandamus relief is not appropriate where an adequate alternative judicial remedy is available. According to the 5th Circuit, a remedy “is adequate if it is ‘capable of affording full relief as to the very subject matter in question.’” Wolcott v. Sebelius, 635 F.3d 757, 768 (5th Cir. 2011).