Writ of Mandamus, Georgia

What Is a Writ of Mandamus?

Mandamus is a Latin word that means “to command”. The writ of mandamus is a legal order issued by a court instructing a lower court, governmental body, public official, or incorporation to perform their official duties. 28 U.S. Code § 1361 and Georgia code in § 9-6-20 define and regulate this extraordinary writ.

In the context of immigration, a writ of mandamus can be used to compel action on an immigration application that has been pending for an unreasonably long period. The order instructs the U.S.C.I.S. to make a decision but does not dictate the decision itself. This means that the U.S.C.I.S. still has the discretion to approve or deny the application.

How Does a Writ of Mandamus in Georgia Work?

The requirement for mandamus petitions is that reasonable time must have passed since the due performance was supposed to be fulfilled. But what qualifies as “reasonable time” is subject to judicial interpretation. Generally, the wait must have been unreasonably long, constituting an implicit refusal to perform the duty owed.

The writ can be issued against the United States Citizenship and Immigration Services (U.S.C.I.S.) for failing to proceed with your immigration petition for an extended period without any reasonable grounds being communicated to you. It can also be issued against the National Visa Center (N.V.C.) to compel them to complete the adjudication of your visa application and schedule an interview.

A mandamus petition will not succeed where there has been a request for further information to which you have failed to respond or if you have outstanding processing fees that may have halted the process. It is critical for you to fulfill your duties with respect to the green card or visa application for this writ to be issued.

The writ of mandamus is a rare remedy not often issued by the courts. It may be a good idea to have a solid case presented by a top immigration lawyer in Atlanta to increase your petition approval chances.

How to File a Writ of Mandamus in Immigration Cases?

To file a writ of mandamus in Georgia, you may hire a lawyer who is familiar with federal and Georgia immigration laws. Your lawyer will draft the petition containing your name, the circumstances of the case, and the relief sought. They will then file it with the court having the jurisdiction to hear the matter and pay any necessary fees. They also need to inform all parties involved in the suit.

In most cases, as soon as the petition is filled, the government attorney will ask for a brief extension of time to decide on the case and avoid further litigation. The judge has the discretion to either grant your petition or deny it.

Conditions for Mandamus to Be Granted

The following are the outlined legal requirements for a petition for mandamus to be considered by U.S. courts:

• The petitioner must have a pending case with the body in question.
• A clear public duty is owed to the petitioner and a corresponding right to relief.
• The immigration authorities must have refused or delayed the performance of their official duty without reasonable explanation.
• No other specific legal remedy is available to the petitioner, as in most immigration application cases.

When Not to Petition a Writ of Mandamus in Georgia?

Even though the writ of mandamus is an effective remedy, there are many situations where the petition can’t be issued. Some of them include:

• When the duty owed is discretionary not ministerial (obligatory)

• When it means evading the limitations prescribed in the Georgia law concerning mandamus cases

• When it is used to check past criminal or court records

• When an appellate review is possible, or some other legal remedy is available

Effectiveness of Mandamus

Many people often fear that government authorities will retaliate if they seek a mandamus against them. Some also believe that it does not work. However, both sentiments are not necessarily true. If you have a valid case and a sound lawyer, a mandamus writ can be an effective remedy, particularly in immigration cases.