In this episode of the Immigration Insights podcast, Greenberg Traurig Global Immigration and Compliance Group Practice Co-Chair Kate Kalmykov and Shareholder Jennifer Hermansky discuss the writ of mandamus, a federal litigation tool available under the Administrative Procedure Act that can be used to compel government action when immigration agencies unreasonably delay adjudication of pending cases.
Their discussion covers the resurgence of mandamus filings following COVID-19-related processing slowdowns across USCIS, the Department of Labor, and consular posts worldwide.
The episode gives particular attention to EB-5 cases, including the distinct statutory and regulatory frameworks governing I-526/I-526E petitions, I-829 petitions, and I-956F project approvals, and how the EB-5 Reform and Integrity Act of 2022 has affected the mandamus analysis.
Kate and Jen also address the doctrine of consular non-reviewability and the challenges of using mandamus to address delays at overseas embassies and consulates. They also emphasize throughout that mandamus is a tool that must be used prudently.
The episode concludes with a broader look at mandamus applications across family-based immigration, naturalization, asylum, and employment authorization contexts, as well as a discussion of emerging processing time concerns for EAD cards and advance parole documents.