demonstrating a denial of due process (e.g., lack of notice, absence of hearing, or inability to challenge decisions).
Potential Relief Sought: Common relief pursued includes temporary restraining orders or preliminary injunctions to immediately stop harmful actions, declaratory judgments clarifying the rights violated, and permanent injunctions or orders compelling agencies to provide legally required procedural safeguards, reverse unlawful decisions, or grant proper hearings or reconsideration. • Writ of Mandamus: A writ of mandamus (28 U.S.C. § 1361) is a judicial remedy used to compel a federal agency — such as USCIS, SEVP, or DHS — to perform a legally mandated, non- discretionary duty when there has been unreasonable delay in processing immigration-related applications or petitions. Common scenarios include prolonged adjudication delays involving reinstatement requests (Form I-539), changes of status applications, OPT and STEM OPT employment authorization, Employment Authorization Documents (EAD), and related petitions affecting lawful immigration status. Procedural Steps: Mandamus actions are initiated by filing a complaint in federal district court, clearly demonstrating that the agency has an explicit duty to adjudicate the petition, that the delay is unreasonable, and that no adequate alternative administrative remedy exists. Required documentation typically includes evidence of the original petition/application, proof of repeated attempts at administrative resolution, relevant agency communications or lack thereof, sworn affidavits explaining harm caused by delays, and a supporting legal memorandum outlining statutory obligations and prior precedents. Timing Considerations: Although mandamus actions have no explicit statutory deadline, they should only be filed after demonstrating significant, unreasonable delays by the agency — typically several months to years, depending on the specific immigration application or benefit sought. Prior efforts to resolve delays administratively should be clearly documented to strengthen the mandamus claim. Potential Relief Sought: Mandamus relief typically results in a court order compelling the relevant federal agency to promptly adjudicate the pending application or petition. It’s crucial to note that a writ of mandamus compels agency action, but does not dictate a specific outcome. Note : While a mandamus action does not directly challenge or reverse a visa revocation or SEVIS termination, it is a powerful remedy to compel prompt adjudication of related filings, such as reinstatement or status adjustment requests, which may indirectly help maintain or restore a student’s lawful immigration status. • Habeas Corpus Petitions: A habeas corpus petition (28 U.S.C. § 2241) is a judicial mechanism primarily used to challenge unlawful detention, prolonged immigration custody, or imminent removal orders, particularly in expedited removal contexts. Habeas corpus is commonly pursued by individuals held in immigration detention who argue that their detention violates statutory, regulatory, or constitutional rights — for example, when detained without proper
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