Mandamus Lawsuits in the Asylum Context

[Also available on Reddit.]

While these cases have more challenges than other areas of mandamus lawsuits, they still work. This well-written conclusion from an AIC Practice Advisory says it all:

“Unreasonable delays in asylum adjudications have severe and long-lasting consequences for asylum applicants. Legally sound and compelling arguments exist that courts have the power to compel agency action under the mandamus statute and/or the Administrative Procedure Act (APA), although, as in any suit, there are challenges that a plaintiff will need to overcome. The mere filing of a mandamus complaint in federal district court may, in some cases, spur an agency decision. Deserving asylum applicants should consider a mandamus complaint as part of their legal strategy in obtaining resolution of their claim.”