Mandamus, APA, TRAC
Federal Litigation Playbook
The mechanics of compelling a federal agency to act: the statutes, the six-factor test courts apply, where to file, what the government does when served, and how the case usually ends.
Dorcas v. USCIS: what the vacatur of the hold policies means for pending employer cases
A Rhode Island court vacated the 2025–2026 USCIS hold policies agency-wide in June 2026. What the order covers, where the appeal stands and how employers should use it.
After Trump v. CASA: why the company usually needs to be a party
The Supreme Court curtailed universal injunctions in 2025 but left APA vacatur open. What that means for employers hoping to benefit from other people’s lawsuits.
Section 1252(a)(2)(B)(ii) and employment-based delay claims: the jurisdiction fight in 2026
The government increasingly argues that courts lack jurisdiction over the pace of adjudication. How the argument fares by form type, after Bouarfa and the 2026 rulings.
Venue for a corporate plaintiff: choosing the district under 28 U.S.C. § 1391(e)
A company suing a federal agency over a stalled petition has a choice of districts, and the choice is narrower than it looks. How venue works for employer and employee plaintiffs.
Company and employee as co-plaintiffs: when the employee needs separate counsel
Most employment-based delay suits have two plaintiffs whose interests usually align and sometimes do not. How to structure representation before a conflict appears.
Writ of mandamus, explained for employers
What the writ is, which statutes support it, what it can and cannot compel, and why most employment-based delay cases end without a ruling.
The TRAC factors applied to employment-based delay
The six-factor test courts use to decide whether agency delay is unreasonable, and how each factor plays in an employer's case.
APA unreasonable delay and mandamus: the practical difference
Two theories usually pleaded together, with different elements and different histories. Where they converge and where they do not.
The evidence file a delay case needs
What to collect contemporaneously, starting the month a case first looks slow, so a claim can be brought properly later.