Mandamus and 1447(b)actions in federal district courts

In the past three years, Baughman & Wang has been very active in suing the CIS and the FBI for case delays. Although the main reason for the delay is usually name checks, there are other reasons as well, such as lost file, lengthy investigation or simply no good explanations.

In 2006, we filed more than 80 such cases and we got the cases approved in about 46 days by average.

As of today in 2007, we have filed more than 40 mandamus/1447b cases. So far, it has taken about 3-4 months to resolve a case. Initially, CIS and the FBI, through U.S Attorneys Office, would file a motion to dismiss for lack of jurisdiction. After all these motions were defeated in our district, defendants have changed their strategy and they only file motion for summary judgment in order to gain more time. We have successfully received two favorable rulings for our clients, one in our district and the other in Sacramento, California, Eastern District of California.

We take cases nationwide. In fact we have successfully litigated several mandamus/1447b actions in Texas and Nevada. We welcome comments and inquiry from our readers. In general, we take cases if more than 18 months have passed since the filing of I-485, or 120 days have passed since the N-400 interview. For other types of cases, it will be on a case by cases basis.