How Do Federal Judges Evaluate Unreasonable Delay Mandamus Cases?

There is no single ironclad test the courts use in determining whether a delay in adjudicating an immigration petition is unreasonable. The closest thing we have are the so-called TRAC factors. These factors are guidance from the seminal case, Telecommunications Research & Action Center v. Federal Communications Commission 750 F.2d 70 (D.C. Cir. 1984). While TRAC v. FCC is not an immigration case, the standard from the case has been widely applied to agency delay cases involving immigration. The TRAC factors are: (1) The time agencies take to make decisions must be governed by a “rule of reason”; (2) where Congress has provided a timetable or other indication of the speed with which it expects the agency to proceed in the enabling statute, that statutory scheme may supply content for this rule of reason; (3) delays that might be reasonable in the sphere of economic regulation are less tolerable when human health and welfare are at stake; (4) the court should consider the effect of expediting delayed action on agency activities of a higher or competing priority; (5) the court should also take into account the nature and extent of the interests prejudiced by delay; and, (6) the court need not find any impropriety lurking behind agency lassitude in order to hold that agency action is unreasonably delayed. Have a question..... CALL or EMAIL for a free consultation. ABOUT US Sarraf Gentile LLP is a law firm focused on representing individuals nationwide in immigration matters, class actions and other complex federal and state litigation. The Firm's cases have collectively recovered over $2 billion. CONTACT US Web: www.sarrafgentile.com Email: [email protected] Phone: 516-899-8890 Copyright Sarraf Gentile LLP ATTORNEY ADVERTISING PRIOR RESULTS DO NOT GUARANTEE SIMILAR OUTCOME Please note that the information provided in this video and on our website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available therein are for general informational purposes only. Information in this video and on our website may not constitute the most up-to-date legal or other information. Viewing this video, commenting below, visiting our website, calling, writing our office, sending an email, or contracting us by any means does not create an attorney-client relationship. #immigration #mandamus