Mandamus
Mandamus is an extraordinary writ that compels a government official or agency to perform a legal duty they are required to perform but have refused or unreasonably delayed. You can use mandamus when:
- An official has a clear legal duty to act
- The official refused or unreasonably delayed action
- You exhausted administrative remedies (in most cases)
- No other adequate remedy exists
Most jurisdictions have a one-year statute of limitations for mandamus petitions, measured from when you discovered (or should have discovered) the unlawful delay or refusal. Missing this deadline generally bars your petition.
While not required, mandamus is a complex legal procedure and having an experienced attorney significantly improves your chances of success. Attorneys understand procedural rules, evidence requirements, and persuasive arguments specific to mandamus.
Immigration
Refugee Status: Applied for BEFORE entering the US from outside the country.
Asylum: Applied for AFTER entering or arriving at the US border.
Both provide essentially the same legal protection and lead to green card eligibility, but the timing and procedure differ.
You must file an asylum application within ONE YEAR of arriving in the US. Missing this "one-year bar" deadline generally makes you ineligible for asylum unless exceptional circumstances existed (changed country conditions, persecution began after arrival, or extraordinary circumstances prevented timely filing).
You must demonstrate persecution based on one of these five grounds:
- Race or ethnicity
- Religion (any faith, including atheism if persecuted)
- Nationality or national origin
- Political opinion
- Membership in a particular social group
Yes, you can apply for the diversity visa lottery while on F-1, H-1B, or any non-immigrant visa status. However, if selected while on a non-immigrant visa, you'll typically need to process through consular processing (unless you adjust status), which may require returning to your home country.
Administrative Law
The APA (5 U.S.C. § 551 et seq.) is federal law that applies to all federal agencies. It establishes minimum standards for agency decision-making including notice, opportunity to be heard, reasoned explanations, and judicial review. The APA creates consistency and predictability in how federal agencies operate.
An agency decision is arbitrary and capricious if it is not based on consideration of relevant factors, is completely irrational, or lacks a coherent explanation. Courts will overturn agency decisions found to be arbitrary and capricious, even when the court might not have made the same decision.
FOIA requests should be submitted in writing (mail, email, or online form) to the agency's FOIA officer. Include a clear description of the records you seek. Agencies must respond within 20 business days. There are limited exemptions for sensitive information. Request expedited processing if your need is urgent.
Bankruptcy
Most tax debt is NOT dischargeable. However, some income tax from years 3+ years old CAN be discharged if:
- The return was due more than 3 years ago, AND
- The IRS assessment was more than 240 days before bankruptcy filing, AND
- The return was actually filed with the IRS, AND
- There was no fraud or willful evasion
Chapter 7: Liquidation bankruptcy. Most debts are discharged, but you may have to give up non-exempt assets. Process takes 3-6 months.
Chapter 13: Reorganization/repayment plan. You keep your assets but repay debts over 3-5 years in a court-approved plan. Better for those with income and secured debts like mortgages.
Yes. Filing for bankruptcy triggers the "automatic stay," which immediately stops all collection actions including lawsuits, wage garnishment, foreclosure proceedings, and collection calls. The automatic stay remains in effect throughout the bankruptcy process.
Student loans are generally NOT dischargeable unless you can prove "undue hardship" using the Brunner test (or APPL test in some circuits). This is a high standard requiring proof that: (1) you cannot maintain a minimal standard of living if forced to repay; (2) your financial situation is likely to persist; and (3) you made good-faith repayment efforts.