The Administrative Procedure Act and Your Right to a Decision
Mandamus Lawyers Podcast by Mandamus Lawyers
Episode notes
Did you know federal law requires USCIS to decide your case within a reasonable time? This episode explains the Administrative Procedure Act and how it gives you the legal right to compel agency action.
In Episode 1, we introduced mandamus and mentioned that immigration delay lawsuits typically include claims under both the Mandamus Act and the Administrative Procedure Act. Today we examine the APA in depth. We cover what the APA is and why Congress enacted it in 1946, the key provisions that apply to immigration delays (Section 555(b) and Section 706(1)), how APA claims differ from mandamus claims under 28 U.S.C. § 1361, and why experienced attorneys plead both legal theories in federal court complaints. Understanding the APA is essential for anyone considering litigation to end an immigration delay.
This is legal education, not lega ...