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Joel Alexis CamineroReviewsout of 17 reviews

Writ of Mandamus

When a family has a split schedule for siblings to share the family car, and one sibling fails to give the keys to the other sibling on their day of use, a dispute will arise.  The aggrieved sibling may then go to their parent to resolve the dispute. When the parent makes a decision after hearing the reasons for one sibling’s failure to turn over the keys to the other sibling, the parent may order that sibling to let the other have the right to use the car. In this sense, a writ of mandamus has been submitted, heard, and decided upon which a final order has been issued.

Similarly, if a government official refuses to do something they must do, or fails to do so in a timely manner which causes undue delay, then the aggrieved individual may commence a writ of mandamus with the appropriate court. The court hears arguments and reasoning, often in written legal memorandum, and makes a decision. If successful, a federal court will order the underlying government agency to do “something.”

Examples of this could be forcing the government to naturalize an individual or adjudicate a long pending application for an immigration benefit. In some cases, attorney fees may be awarded to the individual if their claim is successful.