Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the Case
This Practice Advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act and the Administrative Procedure Act (APA). It discusses the required elements of a successful mandamus and APA actions as well as jurisdictional concerns that may arise.
Why it matters
Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure.
Topics
Federal court
Evidence and procedure
Workflows
Immigration court deadline
BIA, PFR, and federal court
Forums
Federal district court
Jurisdictions
National