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Video - Writ of Mandamus

Will the Government Retaliate if I File a Writ of Mandamus?

By November 4, 2022May 30th, 2024No Comments

Transcript: Will the government retaliate if I file a Writ of Mandamus?

Hi, everyone. I’m attorney Hashim Jeelani, principal of Jeelani Law Firm. Over the last 10 years, Jeelani Law Firm has filed hundreds of mandamus lawsuits in federal district courts throughout the United States.

If you haven’t seen my video on what is a writ of mandamus, watch that next. This is a common question from our clients and yes, even their attorneys. The government does not retaliate when you file a writ of mandamus against them. We can certainly understand why this question comes up. Many of us have roots in countries where it’s often the case that suing the government can have unimagined consequences, and bring about retaliation. Fortunately, in the United States, we have the separation of powers. The federal district court judge works within a separate and independent branch of government in the U.S., the judicial branch. The judicial branch is not under the control of the administrative branch, the branch where the immigration agencies exist. Federal court judges have the authority to order even the President of the United States to act, or refrain from acting, in the event they are in violation of the law.

By filing a lawsuit against an immigration agency, you are putting them in equal position to you. You are the plaintiff, and they are the defendant in the lawsuit. This means they must respond to your complaint to the judge, and submit to the judge’s decision. Filing a writ of mandamus shows the government that you will litigate in the event your rights are denied. By making such a showing, you’re forcing the immigration agency to give your case attention. In fact, if you’re concerned about the government violating your rights, the mandamus litigation process gives you the greatest protection there is available.

I will leave you with this analogy: imagine you’re a clerk at a grocery store and there’s a customer that you absolutely hate. You treat that customer poorly . However, one day, your boss is standing right behind you, watching you. When this customer comes in, y ou’ll likely treat this customer with the utmost respect. Why? Because your boss is watching, and this personal dislike for the customer is not worth you losing your job. An immigration officer should be seen the same way. When they know your case is being litigated and being looked at by a judge, the officer will likely make sure to do everything correct. The officer, just like the store clerk in the analogy, is likely unwilling to lose their job over your case.

If you have any questions specific to your case, or need more information, call our office to schedule a consultation with a senior attorney at Jeelani Law Firm. Don’t forget to click the like, subscribe, and bell buttons to be notified every time I upload a new video.

Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.