What must you prove to obtain a writ of mandamus in federal court? This episode breaks down the three traditional legal elements required for mandamus relief and how they apply to immigration delay cases.

Understanding these three elements helps you evaluate your own case before filing. In this episode, we explain the first element, a clear right to relief, which means demonstrating you filed a valid application and are entitled to have it adjudicated. We cover the second element, a clear nondiscretionary duty, and why immigration agencies have a mandatory obligation to decide applications under the INA and APA. We discuss the third element, no other adequate remedy, and why delay cases satisfy this requirement when there is no decision to appeal. We also explain why administrative exhaustion does not apply the same way in inaction cases, h ...