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FEDERAL COURT
LITIGATION

Federal Court Litigation:

 

Many immigration cases are decided in federal court. We work with immigrants and their families to ensure their rights are protected, including APA challenges, habeas corpus, and writ of mandamus.

APA Challenges:

 

The Administrative Procedures Act (APA) governs how federal agencies develop and issue rules and regulations. We use the APA to challenge wrongful USCIS decisions,  arbitrary and capricious decisions, and/or unreasonable delay.

Habeas Corpus:

Various circumstances exist in immigration law, in which the government can detain individuals. However, the government cannot unlawfully and indefinitely detain an individual. Habeas Corpus protects an individual from lawless action by the government by requiring a person in detention to be brought before a judge or court to secure the individual’s release unless lawful grounds are shown for his/her detention. We work with individuals to challenge the basis for the detention or the removal order.

Writ of Mandamus:

 

Some immigration cases pend for a long time without a decision. A writ of mandamus is filed in federal court to compel a federal official to act on a non-discretionary administrative matter when they have breached their duty to act. We work with individuals to file a writ when USCIS fails to act on issuing a decision for a petition or application OR fails to act following an interview.

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