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igoyougoduke

How to file a Mandamus in Federal Court

By igoyougoduke in General Immigration-Related Discussion

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igoyougoduke Experienced

igoyougoduke   1,653

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On 11/9/2024 at 12:58 PM, lincclay said:

I went and filed the case, and the clerk herself told me (without me asking) that you can't serve yourself and someone else needs to send them. Also there might be some confusion for the people reading this, when you send the document by USPS, USPS is NOT the server. The server is whomever that is sending the documents. USPS is just means to fulfill this service.

 

On 11/9/2024 at 1:38 PM, Willie_Overall said:

 

Exactly. This is the same thing I was told. USPS is just the method that one can use to serve. It's not the server. Anyone can serve through this method except one of the parties in the case. I just read over the cover sheet that I received directly from the court and it specifically says this. 

 

 USPS Certified mail is 100% perfectly acceptable to send/serve mandamus document to all defendants. you keep coming back to the same thing just to keep arguing.

duh

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igoyougoduke
igoyougoduke

What is a Mandamus ? A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abus

OldUser
OldUser

Great job describing the steps in super detail. Even though I am not convinced this is DIY for the most people, I think it's very helpful to know the process.   So what about negotiation? An

Family
Family

Excellent post. Here’s hoping you encourage many DIY ers with cases stuck in pending purgatory..to give it a shot.  Your outline de mystifies the WOM and I agree it can succeed without the lega

igoyougoduke Experienced

igoyougoduke   1,653

Posted
Filed: Lift. Cond. (apr) Timeline
  • Author
Posted
On 11/9/2024 at 12:58 PM, lincclay said:

I went and filed the case, and the clerk herself told me (without me asking) that you can't serve yourself and someone else needs to send them. Also there might be some confusion for the people reading this, when you send the document by USPS, USPS is NOT the server. The server is whomever that is sending the documents. USPS is just means to fulfill this service.

WRONG. unless you are employed by USPS and you are the USPS employee serving the documents and the plaintiff ; you are just making up statements here . USPS is the server and you are the plaintiff. 

 

Plaintiff cannot serve documents directly to defendant. That is what the court clerk told you and is correct !

duh

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TBoneTX Grand Master

TBoneTX   45,222

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Filed: Citizen (apr) Country: Ecuador
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Folks, everyone needs to tone down the arguing, please.  Some participants here have actually performed the process as described.  Whether someone copies the path or deviates from it, and encounters a bump in the road, then there are ways around it.  Thanks.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Ban Hammer Grand Master

Ban Hammer   13,325

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thread locked pending moderator review.

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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Ban Hammer Grand Master

Ban Hammer   13,325

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one post removed and admin action taken for tos violation
member has also been thread banned
thread unlocked.

Edited by Ban Hammer

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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