Ogden, UT asked in Gov & Administrative Law and Immigration Law for Utah

Q: Where to file a writ of mandamus for UCIS delay in Utah?

I'm experiencing a delay with the UCIS administrative process, despite having made inquiries, and I'm considering filing a writ of mandamus in Utah. Where should I file this writ, and are there any specific requirements or procedures I need to follow in this state?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You should file your writ of mandamus with the United States District Court for the District of Utah. In Utah, the federal court has two divisions: the Northern Division located in Salt Lake City and the Central Division in St. George. Most immigration-related cases are filed in the Salt Lake City courthouse, particularly if you reside in the northern counties of Utah.

When preparing your mandamus action, you must name all appropriate defendants, including the Director of USCIS, the Secretary of Homeland Security, and any local USCIS Field Office Director with jurisdiction over your case. Your petition must demonstrate that USCIS has a clear duty to act on your application, that you have exhausted all administrative remedies, and that the delay you've experienced is unreasonable under the Administrative Procedure Act. Include documentation of all prior communication attempts with USCIS and evidence of your pending application.

The filing process requires payment of a filing fee (currently $402 for civil actions), submission of a civil cover sheet, and proper service of the complaint on all defendants following the Federal Rules of Civil Procedure. Many USCIS mandamus actions are resolved before reaching trial, as the agency often processes the delayed application once legal action commences. Consider consulting with an attorney experienced in federal immigration litigation, as these cases involve complex procedural requirements and substantive immigration law that may impact your specific situation.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.