Congratulations to Attorney Alfredo Estrada! In March of 2023 Attorney Estrada filed a lawsuit, on behalf of his immigration client, against the Director of the United States Citizenship and Immigrations Services (USCIS) and the National Benefits Center pursuant to the Administrative Procedure Act and the Mandamus Act requesting that USCIS issue a decision on his client’s I-290B, Motion to Reconsider. USCIS previously denied an I-485 Application to Register Permanent Residence or Adjust Status. The Motion to Reconsider was pending for over a year and the adjustment of status was pending since 2016.
This process, known as an mandamus action, requests that a government entity, such as USCIS, to perform a particular act. To obtain a writ of mandamus, a plaintiff must show (1) he has a clear right to the relief requested; (2) the defendant has a clear duty to perform the act in question; and (3) no other adequate remedy is available. Iddir v. INS, 301 F.3d 492, 499 (7th Cir. 2002). Prior to the Northern District of Indiana making a final decision and in response to the pending litigation, USCIS approved the adjustment of status.
Attorney Estrada stated “at times the immigration process can be long and complex. It becomes more complex when a lawsuit is required. After over seven years of waiting, my client can now move on with his life knowing that he has legal permanent residence.”File-stamped-Complaint-02719733xA248E_Redacted-3
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