Many people who want to file a mandamus case for a delayed immigration application don’t realize the importance of choosing the right venue, or where to file the lawsuit.
With 94 federal district courts, there are often multiple options for filing. These can include the applicant’s residence, the location of the service center handling the application, or the agency defendants’ headquarters.
Mandamus cases are primarily about timing, so it’s crucial to file where the fastest resolution is most likely. This involves maximizing cooperation with the government attorney and minimizing the chances of transfer motions or strong opposition. Experienced lawyers will evaluate venue options, current filing trends, and local US Attorney’s office defense strategies for mandamus cases. They will also review relevant case law in potential courts.
Although being diligent cannot guarantee success, choosing the right venue can significantly impact the outcome of any case. Evaluating and strategizing a mandamus lawsuit must include thorough consideration of where to file. Clients are advised to discuss the choice of venue with their attorneys before filing.