Date: 07-07-2023

Case Style:

Marcelino Silva Marquez v. United States of America, et al.

Case Number: 3:23-cv-05475

Judge: David G. Estudillo

Court: United States District Court for the Western District of Washington (Pierce County)

Plaintiff's Attorney:

Defendant's Attorney: No appearance

Description: Tacoma, Washington immigration lawyer represented Plaintiff seeking a writ of mandamus

28 U.S.C. 1651 provides:

(a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
(b) An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction.


A writ of mandamus is a court order that compels a government agency to perform a specific action. In immigration cases, a writ of mandamus can be used to force the United States Citizenship and Immigration Services (USCIS) or another government agency to make a decision on an immigration application or petition.

A writ of mandamus can be filed if the government agency has unreasonably delayed in making a decision on an immigration case. The federal government generally considers a delay of more than two years to be unreasonable. However, the specific time frame that is considered unreasonable can vary depending on the specific circumstances of the case.

A writ of mandamus can also be filed if the government agency has denied an immigration application or petition in an arbitrary or capricious manner. This means that the agency's decision was not based on a reasonable and objective evaluation of the facts of the case.

If a writ of mandamus is granted, the government agency will be ordered to make a decision on the immigration case or to reconsider its decision. The writ of mandamus does not guarantee that the applicant will be granted the relief they are seeking, but it does ensure that the government agency will take action on their case.

Here are some of the types of immigration cases where a writ of mandamus may be used:

A petition for naturalization that has been pending for an unreasonable amount of time
An application for asylum that has been denied in an arbitrary or capricious manner
A request for a change of status that has been delayed by USCIS
A deportation order that is being challenged in court

If you believe that your immigration case has been unreasonably delayed or that the government agency has denied your application or petition in an arbitrary or capricious manner, you may want to consider filing a writ of mandamus. However, it is important to note that a writ of mandamus is a complex legal process and you should consult with an immigration attorney to determine if it is the right option for your case.

Outcome: This case is DISMISSED without prejudice, with each party to bear its own fees and costs. Signed by U.S. District Judge David G Estudillo. (AMD) (Entered: 07/07/2023)

Plaintiff's Experts:

Defendant's Experts:

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Kent Morlan, Esq.
Editor & Publisher