If you are considering filing a mandamus lawsuit because you have been subject to multiyear delays for an asylum interview, be sure to consider a version of the following as part of your argument:
USCIS prioritizes recently-filed asylum applications for processing to the detriment of longer pending cases. This policy is known as “last in, first out” or LIFO. Because USCIS prioritizes new applications for scheduling, those with older-filed applications are in an indefinite limbo. The LIFO policy is not discretionary and creates such an unreasonable delay that it may prevent older applicants from ever receiving an interview. Under this methodology, USCIS may never schedule older cases under the LIFO policy, which makes the policy itself and Defendants’ delay in processing Plaintiffs’ application, “unreasonable” as a matter of law.
What a crazy way to run a queue — the first to show up get served last.
