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Writ Of Mandamus


Question

1 filed writ no answer

2 called BVA

3 They say they didnt get it

can had it forum show me how to do writ of madamus again

WOW --- FRUSTRATING IS AN UNDER STAEMENT TO SAY THE LEAST!!

THIS TIME I PLAN ON GOING GREEN CARD RETURN RECEIPT TO BVA.

Thanks for helping me.

thx

GRT

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Hello Grent......... Carlie and Berta are RIGHT ON. Please make sure you follow this plan and questions carefully. I also am more concerned that your Form 9 was sent Registered and signed for on arrival so that you do not loose your time lines and the VA deny everything . Which they have done many times before. You probably should check and see if the VA FOR SURE has it and it is in the process. If your Form 9 was not received but you can prove otherwise you will have a CUE to go with on that , in my opinion from the regs.

Like it or not the long waits are getting longer as we can track by our members progress here at Hadit. NEVER GIVE UP . God Bless, C.C.

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I think, since you have a lawyer,

Sometimes it's hard for me to keep up -

I did not realize he had a lawyer - due to that I would still do what I posted

earlier but would add that -

I WOULD NOT SUBMIT ANYTHING WITHOUT GOING THRU MY LAWYER

AND I WOULD NOT TRY TO BY-PASS MY LAWYER, IN ANY WAY.

JMHO

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Grent,,,,if you have a lawyer ditto on Carlie.......it will cause you huge problems later.......... check first with the lawyer . It would not hurt to ask your lawyer the points made by Berta and Carlie but follow that legal advise in the end .....especially if you are seeing some progress and a sound battle plan your lawyer has laid out. Fiduciary responsibility is on your side and your lawyers. NEVER GIVE UP. God Bless, C.C.

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You have been given good advice.

The BVA is working on 2009 docketed cases, according to my national DAV rep who is handling my BVA appeal. My appeal is docketed in 2009, so it may happen this year.

The RO has a habit of "sitting on" your case to the BVA for two years before they even send it.

If you hire a lawyer, then go behind his back and file papers, dont be suprised if you dont get a good result.

Make up your mind about your lawyer. Either let him do his job, or fire him. Dont try to do it for him.

Edited by broncovet
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A writ of Mandamus must be filed with the CAVC...... not the BVA.

I posted an entire template here as to how to prepare the legal filing for the court and there is significant info available under a search for Writ of Mandamus here

Then search under Stratford to read the only Mandamus writ granted by the court in many many years.

I found ten pages regarding mandamus at hadit and more on Stratford but I sure dont have the time to post all those links here.

Why did you file the writ at the BVA????????

Because i have not been to the BVA yet my case is waiting to go to the BVA . I thought if your case is dragging before you get to the BVA you can file a writ of mandamus to get it going

also---

also___

i would like to know can the VARO who has my claim still decide to settle my case rather than send it to the BVA??

Form 9 has been completed and green card return receipt filed so that i have done.

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