Tagged #federal-court
Every article we've published on this topic, sorted by the agency's own announcement date.
APA Challenge to a USCIS Denial: When Agency Action Is 'Arbitrary and Capricious' Under 5 U.S.C. §706(2)(A)
The Administrative Procedure Act lets a federal court set aside agency action that is arbitrary, capricious, or contrary to law. Threshold doctrines — final agency action, jurisdictional bars, and the State Farm hard-look test — decide whether the suit moves.
AAO Appeals: When the Administrative Appeals Office Is the Right Forum vs Going Straight to Federal Court
The AAO has jurisdiction over a defined slice of USCIS denials. Outside that slice — and inside it, when delay is the problem — federal-court APA or mandamus litigation is the right tool.
Mandamus Against USCIS for Unreasonable Delay: 28 U.S.C. §1361, the TRAC Factors, and the APA §706(1) Companion Claim
When USCIS sits on a benefit request long past published processing times, federal mandamus under 28 U.S.C. §1361 paired with an APA §706(1) unlawfully-withheld claim is the tool. The TRAC factors decide who wins.