Can a petitioner file a petition for review of an agency action for a failure to act, relying on the Administrative Procedure Act (APA)

QUESTIONS PRESENTED 1) The 274 and DC Circuits refuse to accept a petition for review for a failure to act. They will only accept it as a writ of mandamus, treating it as an extraordinary writ. Can a petitioner file a petition for review of an agency action for a failure to act, relying on the Administrative Procedure Act (“APA”) laws, where petitioner hasa right to request a review? 2) Can an agency completely disregard an entire set of laws designed by Congress to protect from discrimination? Or should the court compel agency action that is unreasonable withheld? . . |