Tag: compel

Can a writ of mandamus help in delayed asylum cases

 

Can a writ of mandamus lawsuit work for people who have delayed asylum cases? Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of office here in St. Louis, Missouri. You know one of our favorite things to do here at the Hacking Law Practice is to file lawsuits on behalf of immigrants who’ve been waiting too long for immigration benefits. Typically, we do that in the citizenship context, so probably over a hundred people have benefited from working with us to file lawsuits on their behalf against the USCIS. The way it works is you file a lawsuit, you ask a federal judge who doesn’t work for the immigration service, who’s appointed for life and who is not part of the executive branch, to compel the immigration service to decide a case.

We’ve had people who’ve been waiting for their citizenship for one, two, three, four, five, even nine years benefit from us filing a lawsuit. When you file a lawsuit, it generally requires the USCIS to take the case off the shelf. For some reason, they’ve taken people’s cases and put them up on the shelf, and the lawsuit makes them explain the source of the delay. When delays have gone on for a really, really long time, the agency usually does not want to fight. They just want to move the case forward. We oftentimes get positive movement on the cases, oftentimes scheduling an interview or scheduling an oath ceremony.
We’ve always known that it works in the citizenship context. We’ve also had success, which you can learn about on other videos, when it comes to green card delays. We even had success suing the State Department for delays in processing immigrant visas for the spouses of US citizens. The one thing we’ve never done before is file a mandamus action for someone who had been waiting for asylum. One of the reasons we were reluctant to do that is we weren’t entirely sure, given the fact that the immigration service and the asylum office has so much discretion in granting or denying asylum, we were reluctant to file a lawsuit on the asylum front. We weren’t sure if it was going to work.

About six months ago, we were hired by a very nice couple from Syria who happen to live in Michigan. They had filed for asylum in December of 2012. They had their interview just a few months later, which is unusual, but it does happen. Sometimes, randomly, certain asylum cases get assigned very quickly to an interview. Their interview happened literally six weeks after they filed. The interview was in January of 2013, and at the time that they hired us in October of 2016, they had been waiting for three and a half years for their decision. They had done everything they could do to try to get help. They had contacted the CIA ombudsman. They had contacted their senators and representatives in Michigan, and they had made numerous InfoPass appointments, and they just couldn’t get any movement.

One thing to keep in mind is this couple had hired the largest immigration law firm in the country. If I told you their name, you’d have heard of them. They have offices around the country and around the world. I think generally they specialize more in business immigration, and while they did take this asylum case, when I reviewed the paperwork that had been filed, I didn’t think they had done a very job. Specifically, what I complained about was the fact that the statement that was submitted in support of the asylum application was all over the map. It wasn’t very focused. It left a lot of things wide open and a lot of issues for inquiry by the asylum officer.

I talked to my client about how the initial interview had gone. He said that it had gone very well, that the officer had talked to them for about an hour, which is also unusual, and that the asylum case, he was told by the officer, would be approved in a couple of months. None of that made real sense. Nonetheless, we decided to file a lawsuit. We filed suit in Chicago, because that’s where our client’s asylum case was pending. We filed it in federal court. We served copies on the defendants, and pretty quickly, he got rescheduled for another interview. That was last January. I attended the interview with my clients. It was a long day. My client had a lot to say, and they had a lot of ground to cover. They were revisiting and reissuing focus on the case and the questions that had been answered back in 2013, and they wanted to make sure that my client had not supported any kind of groups that the United States was worried about in Syria.
When the interview was over, we thought that we had done a good job and that we would be getting a decision shortly.

It turns out that we had to wait a little bit longer. Now, the defendants had a certain amount of time to answer the lawsuit. Typically, it’s 60 days, but because they were working with us, we had given them some extensions and were coming up against a new deadline. I got a call from the US attorney who was defending the lawsuit to tell me that, lo and behold, the immigration service, the asylum office, wanted to interview our client one more time. Now, I took this as a good sign, because I figured if they wanted to deny the case, they wouldn’t call us back in for another interview, but that’s in fact what they did. This week, we went up to Chicago and had a third interview on the asylum case. It was relatively quick, but it was about an hour long.

One thing the attorney had told me when he called was that he was willing to promise that we would leave the asylum office that day with a decision. It was a very stressful day for my client and for me. We went through that hour-long third interview, and then they asked us to wait so they could talk to the supervisor. They had a few more questions after that, and then we had to wait a few hours while they issued their decision. We spent that time pacing back and forth in the asylum office. It was back like when I had trial work, and I was waiting on a jury. I really wasn’t sure which way it was going to go. The officer didn’t want to come out and see us herself. She had the lady at the front window give us the decision, so we’re sitting there waiting for the decision. It was very suspenseful. I was very worried.

The decision was sitting across from us. I couldn’t tell what it said. I was pretty sure that it was going to be a denial, but the agent happily told us that our client had been approved. His long four-and-a-half year wait for asylum had been granted, that he’d been granted a parole into the United States, and that he was going to be treated as an asylee, that a year from now, he can apply for a green card, and then five years after that, he can apply for citizenship. This happened on a day that there was a horrible gas attack in Syria, so it only led more importance and significance to the victory. We were very, very excited for our client and his wife and his two lovely US citizen daughters. They’re not going to have to go back to Syria or to leave the United States. It was quite a victory, and we’re really happy for our clients.

Lesson learned. If an asylum case has been pending for a really, really long time … It’s not going to work in every case, and I would say a delay of two or three or four years is sort of the minimum before we file a lawsuit, but to know that the immigration service, the asylum office, and the US attorneys will work with us on asylum cases is a very valuable lesson.

If you have experienced delay in any kind of immigration case, whether it’s citizenship, green cards, visas, anything, make sure to give us a call at the Hacking Law Practice, 314-961-8200. You can email us at info@hackinglawpractice.com. If you like this video, be sure to click the subscribe button below. Give us a like and a shout out on social media. We’d really appreciate it. It’s a big help. If you have questions that you want us to cover, just feel free to email us at info@hackinglawpractice.com, and we’ll try to shoot a video for you. Thanks a lot. Have a great day.

 

Does Mandamus Only Work in Delayed Citizenship Cases?

Do mandamus lost its only work and citizenship cases?

Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of our office here in St. Louis Missouri. We’ve had a lot of success in suing the federal government, USCIS, and the Department of Homeland Security when our clients’ naturalization cases have taken too long.

The law says that if you’ve had your naturalization interview and 120 days have gone by, that you can go into federal court and ask a federal judge who doesn’t work for the immigration service to order the immigration service to decide your case, or the judge can decide on his or her own initiative whether or not you get to become a citizen.

The immigration service doesn’t like it when you sue them and they don’t like the idea that a federal judge will take their job from them. When you file a lawsuit, typically what happens in most cases is, they decide to decide the case. The case gets moving and cases that have been waiting for two, three, or four years can finally get resolved. That law, regarding the 120 days, is pretty black letter and the immigration service doesn’t have a lot of wiggle room. One of the tricks they try is they don’t schedule the interview right away.

Sometimes we’re filing lawsuits for naturalization applicants who have never had their interview because that doesn’t start that 120 day clock and that’s why they do it. We have had success in getting those cases moving. They’re not as highly successful as the ones where there’s been an actual interview, but we’ve probably filed suit on behalf of about 70 people who’ve been waiting for citizenship and the lawsuits generally work. They don’t work in every case, but they work in most cases. We wondered whether or not we’d be able to file these kinds of lawsuits and other cases in the immigration context, cases in which the naturalization was not an issue, but rather someone could get a green card.

One day a young man came to see me and he had filed his own mandamus against the immigration service because his green card case had been pending too long. They hadn’t scheduled him for an interview and his case had been pending for two years. He and his wife were getting frustrated that every time they went down to the immigration office that they couldn’t get any answers. He figured out how to draft a lawsuit and filed it on his own in federal court. We don’t recommend this.

Filing a mandamus action is actually pretty tricky, and the government was starting to play games with him, trying to change venue and filing a motion to dismiss and all these things. We wanted to see what would happen and we took this case. It turns out that the lawsuit worked almost the exact same way in the green card context as it did in the citizenship context. Since that time, we’ve probably filed 10 green card delay lawsuits and we’ve had a lot of good success with that.

Then one day a lady came to see me and she was wondering about her husband’s visa case. He was from Pakistan and his case had been pending for two years. We told her that she should sue them. She was sort of skittish and worried about suing them, so she didn’t do it. A year later she came back and now she’d been waiting three years. We told her, “You should sue the state department”. We had done some research and figured out that you could, in fact, sue the state department in federal court in the United States for a delay at an embassy overseas.

She was still skittish and still scared, so she decided not to do it. The fourth year she came back and she said, “Okay Jim, let’s go ahead and sue”. We filed the lawsuit and within 90 days after filing the lawsuit, her husband was in the United States with an approved visa. This was remarkable and it only happened because we filed the lawsuit. Now we know, and we have filed subsequently more lawsuits against the state department for delays in the issuance of a visa.

Last month, we filed a lawsuit over a four year delay on an asylum case. We’re very interested to see how this case works. It’s a lawsuit against a Chicago asylum office where a man has been waiting for four years for his asylum case to be approved. These are the kinds of things that you can do with a mandamus lawsuit. Not every immigration lawyer is familiar with the rules of federal court and filing lawsuits. I had been a litigator for 10 years before I started practicing immigration law, so I feel very comfortable in federal court, in the procedures, and the filing requirements, all those things.

We’re going to file a new lawsuit today over in Ohio. We’re excited about that, for a young man who’s been waiting for citizenship for two and a half years. These lawsuits work. They don’t work every time, but they work in a lot of the situations.

If you’ve been experiencing some kind of immigration delay, make sure to give us a call at 314-961-8200. You can also e-mail us at info@hackinglawpractice.com. We hope you like this video, that you found it instructive.

If you have any questions about it, make sure to reach out to us. Make sure also, please to like this video down below. If you want to subscribe to our Youtube and Facebook channels, that would be great. You’ll get updates whenever we upload a new video.

Lawsuit Nets Client Quickly Approved Naturalization

We have a client.  He is Muslim.  He is from India.  He applied for citizenship on August 20, 2012.  He was fingerprinted, but USCIS never scheduled him for an interview.

So he waited.  And waited.  And waited.

He visited USCIS from time to time and they told him that they were waiting for the results of his background check.  He called the USCIS 1-800 number.  And he waited some more.

On August 12, 2015, he hired us to sue USCIS to compel them to act on his case.  We filed suit that same day.  We brought USCIS a copy of the lawsuit the next day.  USCIS finally interviewed our Muslim Indian client on August 25, 2015.  He was approved on the spot.

So this kind man went from waiting for three years for USCIS to decide his case to an approved naturalization applicant.  In less than two weeks after hiring us.  Certainly, every lawsuit case does not resolve this quickly, but it is amazing what happens when USCIS gets called out in federal court for their delays.

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