The Government loves to conflate discretion to approve or deny with discretion to timely adjudicate. This is a sleight of hand argument the Government is fond of when defending their indefensible delays from mandamus lawsuits. Unquestionably, the granting of some immigration benefits such as Asylum or Adjustment of Status are discretionary. However, that’s very different […]

If you are looking for some ammo against the common, but frustrating Government motion to dismiss argument that mandamus plaintiffs are just “line skippers,” check out Lyons v. USCIS. Here is some of the judge’s analysis in that case: First, “it is not apparent from the face of . . . the complaint, or from […]

When hiring an attorney to handle an immigration based mandamus lawsuit, it is essential to ensure that they have experience in federal litigation, as this is a distinct skill from advising on immigration applications, petitions and agency practice. Mistakes can be costly and are avoidable if the person filing the complaint has extensive experience in […]

Most lawsuits related to immigration-based denials are not significantly impacted by an applicable statute of limitations. The Administrative Procedure Act (APA) itself does not have a specific statute of limitations. If there isn’t a specific statute of limitations for a civil lawsuit against the government, the general six-year limitation outlined in 28 U.S.C. § 2401(a) […]

I typically counsel clients to skip the AAO and go directly to federal court if they are dealing with a USCIS denial.  That is because federal court APA cases are fought on the administrative record (no new evidence is allowed at that stage). So if USCIS made a boneheaded mistake, I advise clients to lock […]

For those interested in employment immigration litigation, if you are looking for a good citation for the proposition that beneficiaries have a legal interest in the adjudication of their I-140s (not just the employer sponsor), check out Khedkar v. USCIS, 552 F. Supp. 3d 1 (DDC 2021). Sometimes the Government will argue only employers can […]

If you want to solve an unreasonable and unfair delay in your immigration case using a federal lawsuit, winning with a Writ of Mandamus or the Administrative Procedure Act (APA) will have the same outcome: a decision on your immigration petition. The way to win your case on either is quite similar. So, if both […]

You don’t have to fire or replace your immigration lawyer to hire someone that specializes in federal litigation to file your lawsuit. Filing a Mandamus or APA denial lawsuit with new counsel doesn’t mean you have replace your current immigration lawyer. A lawsuit is a separate process. It requires attorneys specialized in federal court litigation. […]

[Also available on Facebook] Let’s say you ordered a pizza for delivery and you’re really hungry. You wait and wait, but the pizza never arrives. You call the pizza place and they tell you that there’s a delay, but they don’t know how long it will be until the pizza is delivered. You’re frustrated because […]

If federal litigation is not your core experience or day job, getting hit with a motion to dismiss by the US Attorney’s Office on an immigration mandamus/APA case may be a good juncture to reach out to experienced potential co-counsel.