How do you write a Writ of Mandamus petition?
To write a Writ of Mandamus petition, you first need to draft a caption. The caption contains the name of the court, and the parties’ names. Here is a sample (there is no jury trial in writ of mandamus cases).
Next, you should write an introductory paragraph that summarizes your case.
Next, you have to write jurisdiction and venue statements, showing to the court they have jurisdiction to hear your mandamus petition.
JURISDICTION
This action arises under the United States Constitution and the statutes of the
United States, including the Immigration and Nationality Act (“INA”), and the Administrative Procedure Act (“APA”).
This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. § 1331 (federal question), 28 U.S.C. §§ 2201 and 2202 (declaratory relief) and may review Respondents-Defendants’ actions or omissions under the APA, 5 U.S.C. § 555, 5 U.S.C. § 701 et seq., and the Mandamus Act, 28 U.S.C. § 1361.
VENUE
Venue is properly laid in the District of Columbia under 28 U.S.C. § 1391(e), because it is a judicial district wherein a defendant in the action resides.
Next, you have to list all the parties of the case: you, the petitioner, and your Respondents.
In a writ of mandamus petition against USCIS, you should name as a party: 1) the USCIS Director, 2) and the Director of the Field Office that is withholding adjudication of your case.
Later, you write up a statement of fact, in a numbered list.
Next, you have to write a paragraph describing your good-faith efforts to resolve the case without judicial intervention.
EXHAUSTION OF REMEDIES
Petitioners has exhausted the administrative remedies to the extent required by law and their only remedy is by way of this judicial action.
There is no administrative mechanism in place for compelling USCIS to adjudicate an application for adjustment of status within a reasonable time.
After, you list a paragraph with your mandamus cause of action.
Example:
COUNT ONE
Agency Action Unlawfully Withheld
(5 U.S.C. § 706)
The Administrative Procedure Act requires administrative agencies to conclude matters presented to them “within a reasonable time.” 5 U.S.C. § 555. A district court reviewing agency action may “compel agency action unlawfully withheld or unreasonably delayed.” 5 U.S.C. § 706(1).
Lastly, you write up a final paragraph called Prayer for Relief.
Example:
WHEREFORE, Petitioner prays that this Court grant the following relief:
Assume jurisdiction over this matter;
Issue a Writ of Mandamus compelling USCIS to adjudicate Petitioner’s application for adjustment of status within a reasonable time;
Grant any other and further relief which this Court deems just and proper.
Finally, you date and sign the complaint.
The second document you need to file your Writ of Mandamus case is the Summons. Every federal district court has its own summons, and you can find it on that court’s website. Here is the summons of the Southern District of New York: https://www.nysd.uscourts.gov/sites/default/files/2018-06/Summons-1_0.pdf
The last document needed is the civil cover sheet. Every federal district court has its own civil cover sheet, and you can find it on that court’s website.
Here is the civil cover sheet of the Southern District of New York:
Once you have your petition, summons and civil cover sheet, you have to file them with the federal district court.
To do so, you need to create a non-attorney filer account with PACER: https://pacer.uscourts.gov/register-account/non-attorney-filers-cmecf
After you file the case, you have to wait that the clerk’s office returns the signed summons to you.
Once you have the signed summons, you must serve the filed versions of your documents to 1) the named USCIS Respondents, 2) the district attorney’s office of the district where you are filing and 3) to the U.S. attorney general. Service is done by certified mail.
Writ of Mandamus PDF