In recent years, many immigration applicants have filed mandamus actions with the federal courts, seeking them to compel U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to adjudicate delayed immigration benefits applications. Invariably, when a mandamus action is brought, the defendants not only include USCIS, its director, the DOS, and its secretary, but also the U.S. attorney with jurisdiction over the application, the Department of Justice, and the attorney general. With a new presidential administration soon taking office, many mandamus plaintiffs are concerned about whether their lawsuits will be dismissed and if they will need to refile suit.
The Federal Rules of Civil Procedure 25(d) provide that when a public officer who is a party in an official capacity resigns or otherwise ceases to hold office while the application is pending, the federal court action does not cease. In fact, the officer's successor is automatically substituted as a party to the mandamus action. Later proceedings should be in the substituted party's name, but a change in public officer cannot adversely impact the parties' substantial rights. Thus, those who have relied on the courts to help them get decisions on their pending immigration applications may continue pursuing this course of action. 2024 saw a continued increase in mandamus actions nationwide as USCIS and DOS struggle to meet processing time goals even where statutorily required.
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