Having your asylum application denied can be discouraging, but you still have legal rights in this process. There are effective avenues against denial decisions in the U.S. immigration system. The most common ones are appeal and mandamus lawsuits that can be filed in federal court. Each method has a different purpose and set of conditions. In this article, we will detail these two options, explaining when each should be preferred, and helping you understand the process.
What is an Appeal and When is it Used?
An Appeal is the formal path offered for you to challenge the decision when your asylum application is denied. In this process, you can request that the decision be reconsidered if you believe an error was made in the evaluation of the application or if you find the grounds for the decision insufficient.
Appeals must be filed within a specific period, usually 30 days after notification of the denial. Missing this deadline can result in the loss of the chance to reapply. In addition to existing evidence, new information and documents can be submitted during the appeal process. This is especially important to show that the previous evaluation was incomplete or flawed. The grounds must be well structured, and the legal arguments must be solidly based. It should be noted that the process can be time consuming, often taking months, even years. An appeal can completely reverse the decision or at least secure a reconsideration, creating a new opportunity for your case.
What is a Mandamus Lawsuit and When is it Filed?
A Mandamus lawsuit is an application made to a federal court when a government agency fails to perform its legal duty. This method is typically used in immigration processes, especially when asylum applications are left pending without action for a long time.
A Mandamus lawsuit is filed not against the denial of the application directly, but against the failure to complete the process or provide a response within a reasonable time. In this lawsuit, the applicant claims that the immigration agency failed to perform its duty and that the application was unfairly delayed, requesting intervention from the federal court. The court, if it deems appropriate, can instruct the relevant agency to finalize the application within a specified period. A Mandamus lawsuit does not determine what the decision will be; it only ensures that a decision is made. It is an effective legal tool to advance a stagnant process. Mandamus is generally suitable for individuals whose applications have been pending for years, have not been given an interview date, or have seen no progress.
Which is Right for You?
If your asylum application was denied and you want to legally challenge this decision, the appeal option should be considered first. An appeal aims to legally reexamine the denial decision and, if necessary, to change the decision or repeat the process. The legal basis relies on the claim that there was a legal or factual error in the decision.
On the other hand, if your application has not been processed, and your file has been pending for years, a mandamus lawsuit may be a more appropriate path. Mandamus aims to compel the immigration agency to perform its legal duty (that is, to issue a decision) and prevent the waiting period from being extended further. The legal basis here relies on the claim that the agency failed to perform its legal duty within a reasonable time. In summary: Consider Appeal to change a denied decision; consider Mandamus to force a decision on a file that has been pending for a long time. The most suitable route should be determined by an attorney based on the stage of your process.
Yellow Law Group is Here for You
Immigration processes are complex, and every decision can have serious consequences. Therefore, seeking professional support is extremely important for the correct progression of the process if your asylum application was denied or your file has been pending for a long time. At Yellow Law Group, we provide comprehensive legal support to our clients in both appeal and mandamus cases. We analyze your case status, determine the most appropriate legal strategy, and manage the entire application process on your behalf.
If your asylum application resulted in an unfavorable decision or your file has gone unanswered, contact us to protect your rights and manage the process effectively.
