How to file a Mandamus in Federal Court

[igoyougoduke 1,676]

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.

[igoyougoduke 1,676]

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 !

[TBoneTX 46,317]

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.

[Ban Hammer 13,676]

thread locked pending moderator review.

[Ban Hammer 13,676]

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

Edited November 12, 2024 by Ban Hammer

[scott111 0]

Do i need to file 4 wom if myself my wife and 2 kids are all waiting for our i-485 to be approved or do I just list all 4 of us in planitiffs section - Does anyone have a WOM template they can share ?

 

[Boiler 46,322]

I assume you have 4 cases?

[igoyougoduke 1,676]

On 12/19/2024 at 1:07 PM, scott111 said:

Do i need to file 4 wom if myself my wife and 2 kids are all waiting for our i-485 to be approved or do I just list all 4 of us in planitiffs section - Does anyone have a WOM template they can share ?

 

its a single WOM 

[hp_001 0]

First of all. I am tired. My asylum application was pending from 2017. We did expedite and my interview was last year. We waiting for decision. Pro bono lawyers that I work with allegedly cannot file for a Writ of Mandamus, since they are not admitted in NJ. They part of big corporation and we are waiting when someone become available. Email after email. empty promises. I have complain written for mandamus. I have another attorney who can represent me in mandamus for $4000. I don't know if I should to try myself and file it or do fundraise money for attorney fee. I know which court to file a mandamus, I just not sure what is my next step. I have complain written.

[Rh2 0]

Can this be filed from overseas for I-130 if Petitioner and Beneficiary reside in the UK? Petitioner has maintained domicile in the US at her mothers house in MA- in this situation is the appropriate court the district of MA?

Can this be filed from overseas for I-130 if Petitioner and Beneficiary reside in the UK? Petitioner has maintained domicile in the US at her mothers house in MA- in this situation is the appropriate court the district of MA?
 

[Boiler 46,322]

Your Lawyer could certainly file one using your US address

[wazzujoel 81]

Since USCIS are no longer processing any cases for people that came on CHNV (Biden's Humanitarian Parole for Cubans, Hattians, Nicaraguans, and Venezuelans), I am questioning if I should start this process of filing a lawsuit. I have 3 family members that are still pending permeant residency with application dates from April 2024. I personally filled out 5 i-485 applications for this family group and 2 of the 5 were approved in September. Their parole period ends this spring, and I know that since they are pending residency they will be allowed to stay legally until a decision has been made with their application... However once their parole period ends, so does their work authorization... and from what I have read USCIS is stopping work on all applications related to anyone who came on CHNV which means they wont be able to get a work authorization renewal as they wait for the "indefinite suspension of processing any case of a CHNV individual" to end.  

 

https://www.cbsnews.com/news/u-s-pauses-immigration-applications-for-certain-migrants-welcomed-under-biden/

 

How is this legal? Does Trump expect these immigrants who are here legally to just stop working, and go on public assistance until USCIS decides to start processing their applications again? These immigrants that I helped come here are not on any form of public assistance, work full time on minimum wage paying jobs that Americans don't want, pay taxes, and abide all laws. 

[Boiler 46,322]

44 minutes ago, wazzujoel said:

Since USCIS are no longer processing any cases for people that came on CHNV (Biden's Humanitarian Parole for Cubans, Hattians, Nicaraguans, and Venezuelans), I am questioning if I should start this process of filing a lawsuit. I have 3 family members that are still pending permeant residency with application dates from April 2024. I personally filled out 5 i-485 applications for this family group and 2 of the 5 were approved in September. Their parole period ends this spring, and I know that since they are pending residency they will be allowed to stay legally until a decision has been made with their application... However once their parole period ends, so does their work authorization... and from what I have read USCIS is stopping work on all applications related to anyone who came on CHNV which means they wont be able to get a work authorization renewal as they wait for the "indefinite suspension of processing any case of a CHNV individual" to end.  

 

https://www.cbsnews.com/news/u-s-pauses-immigration-applications-for-certain-migrants-welcomed-under-biden/

 

How is this legal? Does Trump expect these immigrants who are here legally to just stop working, and go on public assistance until USCIS decides to start processing their applications again? These immigrants that I helped come here are not on any form of public assistance, work full time on minimum wage paying jobs that Americans don't want, pay taxes, and abide all laws. 

Simple they are not Immigrants.

Edited February 19 by Boiler

[wazzujoel 81]

32 minutes ago, Boiler said:

Simple they are not Immigrants.

 

Then what are they? Under US law, they are Cuban nationals who are now allowed to become permanent residents of this country under Cuban Adjustment Act of 1966 because they are Cubans who were lawfully present on US soil for 1 year and 1 day. Under US law they are now adjustable to residents. Perhaps I am misunderstanding your comment - can you clarify?  

[Boiler 46,322]

I remember Cubans who moved to Spain, became Spanish citizens entered on the VWP overstayed the 90 days and the filed under the CAA. So they would have had status for 90 days and the nothing until they filed.

 

The HP programme I tend to think of as a 2 year tourist visa with benefits, free health insurance, work priveleges etc, really makes no sense and seems even Biden administration knew it was invested with Fraud.

 

This programme was not a law, Congress was not involved, I assume there was seen to be some political benefit.

Edited February 20 by Boiler