USCIS responded to my I-829 when I filed a mandamus litigation. Then USCIS denied my I-829. Now I will be filing a motion to reopen. What happens to the Mandamus litigation at this point, since the mandamus was to force USCIS to respond to my I-829, and they did. Will the mandamus be dismissed automatically? Is there anything I need to do at this stage?
Answers
Raymond Lahoud
Immigration Attorneys DirectoryNow that they have responded with the answers to the I-829, the mandamus is no longer applicable.
Jon Eric Garde
Immigration Attorneys DirectoryIf the denial was baseless, #1 ignore it, but #2 argue it was an act of retribution.
Bernard P Wolfsdorf
Immigration Attorneys DirectorySince the I-829 is denied, the government will move to dismiss the mandamus. You could challenge it and argue the I-829 adjudication is not final since you have the right to a de nova hearing in front of an immigration judge, or you could argue that the motion will be pending therefore it is not final.
Anthony Cummings
Litigation AttorneysThe mandamus sounds academic and moot at this point since they responded. The better practice is to notify the court that the application should be withdrawn since they responded. It is another matter as to whether your pleading should be amended to cover the denial itself (i.e., a declaratory judgment).
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