Search results
Results From The WOW.Com Content Network
For that reason, although a heavy price is paid in inquiries, mandamus actions, and other forms of litigation, USCIS is committed to effective background checks, and thus is committed to the FBI name check. [24]
A writ of mandamus (/ m æ n ˈ d eɪ m ə s /; lit. ' 'we command' ') is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing.
Department of Homeland Security v. Regents of the University of California, 591 U.S. 1 (2020), was a United States Supreme Court case in which the Court held by a 5–4 vote that a 2017 U.S. Department of Homeland Security (DHS) order to rescind the Deferred Action for Childhood Arrivals (DACA) immigration program was "arbitrary and capricious" under the Administrative Procedure Act (APA) and ...
Continuing mandamus, structural interdict, or structural injunction is a relief given by a court of law through a series of ongoing orders over a long period of time, directing an authority to do its duty or fulfill an obligation in general public interest, as and when a need arises over the duration a case lies with the court, with the court choosing not to dispose the case off in finality.
Consular nonreviewability (sometimes written as consular non-reviewability, and also called consular absolutism) refers to the doctrine in immigration law in the United States where the visa decisions made by United States consular officers (Foreign Service Officers working for the United States Department of State) cannot be challenged in the United States judicial system.
A peremptory writ of mandamus (also peremptory writ of mandate or simply peremptory mandamus) is an absolute and unqualified writ (a formal written command) to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.
Marbury was the point at which the Supreme Court adopted a monitoring role over government actions. [59] After the Court exercised its power of judicial review in Marbury, it avoided striking down a federal statute during the next fifty years. The court would not do so again until Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857). [60]
On the mandamus appeal, the Fourth Circuit declined to resolve the issue of whether the statute of limitations was tolled against the non-named defendant class members. [ 33 ] Thus, the Catawba prepared to file 60,000 separate complaints against individual landowners in the time remaining before October 1992 (the Catawba's interpretation of ...