What is the timeline for a writ of mandamus for a delayed asylum case?

Apr 1

When an asylum seeker files a writ of mandamus to speed up a delayed immigration case, it can be a frustrating and uncertain process. However, if the writ is successful, it can result in the prompt resolution of the case and a grant of asylum. In this blog post, we’ll explore the timeline of a mandamus action that was filed to speed up a delayed asylum application.

Week 1-2: Filing the Writ of Mandamus

The first step in the mandamus action is filing the writ with the federal court. This involves drafting a complaint that outlines the reasons why the asylum application has been delayed and why the government agency responsible for processing the application has failed to take action in a timely manner. Once the writ is filed, the government agency will be notified and will have an opportunity to respond.

Week 3-10: Government Response and Negotiations

Once the government agency has been served with the writ, it will have a certain amount of time to respond. In some cases, the government may choose to settle the case and agree to take prompt action on the asylum application. This usually involves scheduling an asylum interview.

Week 10-20: Interview and Decision

If the case is settled, the government will typically schedule an interview with the asylum seeker to review the application and make a decision. This can take several weeks to schedule, depending on the availability of both parties. Once the interview has taken place, the government will have a certain amount of time to make a decision on the application.

Week 20-21: Settlement and Conclusion

Assuming that the government has made a positive decision on the asylum application, the case will be settled and the writ of mandamus will be dismissed. This can be a relief for the asylum seeker who has been waiting for months or even years for a decision on their application. At this point, the asylum seeker can begin to rebuild their life in the United States and move forward with their plans for the future.

In conclusion, the timeline of a mandamus action filed to speed up a delayed asylum application can vary depending on the specifics of the case. However, with the help of an experienced attorney, it is possible to assert your rights and get the government agency responsible for your application to take prompt action. If the case is settled, the timeline from the filing of the writ to a decision on the application can take several weeks to several months. Ultimately, the goal of a mandamus action is to provide a faster resolution to a delayed asylum application and help asylum seekers move forward with their lives.