X
badge1 badge2
English Spanish
Menu
Search

Appeals & Federal Litigation

Appeals & Federal Litigation

The attorneys and staff at Joseph & Hall P.C. specialize in fighting immigration cases to the end. We are often hired after other immigration firms have lost a case before the immigration agencies to take the case up on appeal or to go to federal court.

APA Challenges to Unlawful Agency Action or Petition Denials

When U.S. Citizenship and Immigration Services (“USCIS”) makes a decision on a case, it is required to comply with certain requirements set forth in the Administrative Procedure Act.  Included in these requirements are that the agency follow all proper procedures, make a decision based upon the evidence and facts before it, and that its decision not be an “arbitrary and capricious” one.

Sometimes, though, a petitioner or applicant may receive a denial that simply fails to consider parts of the evidence submitted, the denial makes findings that are contrary to the evidence submitted, or it simply does not make sense.  In these situations, Joseph & Hall, P.C. has been highly successful in suing the agency in federal court to overturn these erroneous denials.  If you have received a denial to your immigration request, and believe it was unfairly decided, please contact Joseph & Hall, P.C. to determine your eligibility for challenging the decision in federal court.

Circuit Court Review of Removal Order

If an individual has been ordered removed and all administrative appeals have been exhausted, the only remaining relief that is generally available is to file a “petition for review” with a U.S. Circuit Court of Appeals. A circuit court has the power to grant you relief from removal or remand your case to the Board of Immigration Appeals (BIA) with instructions for further consideration.

A petition for review must be filed within 30 days after the final order of removal is issued. Along with filing a petition for review, most applicants must also file a stay of removal so that they may remain in the U.S. while the circuit court is considering the case.

If you are in removal proceedings or have recently been issued a final order of removal, contact the attorneys at Joseph & Hall, P.C. to explore your options and determine your eligibility for filing a petition for review.

Habeas Corpus Challenges

A writ of habeas corpus is a fundamental right, rooted in the U.S. Constitution, that is meant to guard an individual’s freedom against arbitrary and lawless government action. The term “habeas corpus” is a Latin term that literally means “show me the body.” A writ of habeas corpus is an order from the court that requires a government official, such as the warden of a detention facility, to deliver an imprisoned individual to court so that it can be determined whether the detention is lawful.

In the immigration context, habeas corpus is most often used to challenged unauthorized or prolonged detention, refusal to provide a bond hearing, improper denial of bond after a hearing, and other illegal aspects of detention.

A writ of habeas corpus is generally filed in the federal district court that has jurisdiction based on the petitioner’s place of residence. Habeas corpus is a powerful and often under-utilized tool that can be used to secure an individual’s freedom.

If you or a loved one is currently detained, please contact the team at Joseph & Hall, P.C. to evaluate whether a writ of habeas corpus may be available to secure your freedom.

Impact and Class Action Litigation

When the government creates a new law or promulgates a new rule or regulation, they sometimes have massive negative consequences for hundreds or even thousands of people.  In these situations, often the best method for overturning these rules or shaping policy is through large-scale litigation efforts, often called “Impact Litigation,” or through the filing of a lawsuit covering a large group of individuals or entities in the form of a Class Action lawsuit.

Joseph & Hall, P.C. constantly monitors new developments in immigration law that may have drastic negative consequences, and frequently files these large-scale lawsuits against the government.  This not only protects against overreaching government action or unintended consequences from new regulations, but also serves as an important check on the government and facilitates more fair and reasoned laws being created in the future.  If you are considering filing large-scale immigration litigation, please contact Joseph & Hall, P.C. to determine if and how we may assist you.

Naturalization Delay and Denial Litigation

Under the federal regulations governing naturalization applications, USCIS is required to make a decision on an individual’s N-400 application within 120 days of the applicant’s initial examination. If a decision is not issued within 120 days of the interview, an applicant may request judicial review of his or her application. This is done by filing a Complaint in the federal district court that has jurisdiction over the applicant’s place of residence.

Upon filing the case, the district court has the authority to determine the matter on its own, or the court may remand the matter to USCIS, with appropriate instructions, to determine the matter. This type of federal litigation is a powerful tool that applicants can utilize to force USCIS to adjudicate (approve or deny) an N-400 that has been pending for a significant period of time.

In addition, federal litigation may be the best option if an applicant’s N-400 has been denied by USCIS. If USCIS denies an N-400, the applicant may file Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings. If the N-336 is then denied, an applicant has the right to seek review of this decision in federal district court.

If your naturalization application has been pending for a significant period of time, or if your application has been denied, please contact Joseph & Hall, P.C. to determine whether federal litigation is an option for your case.

Writs of Mandamus to Challenge Agency Delays

When an individual applies for an immigration benefit with U.S. Citizenship and Immigration Services (“USCIS”), USCIS has a duty to make a decision on that case.   Unfortunately, sometimes a case falls through the cracks, and an individual is left waiting for the adjudication of their benefit for an unreasonable amount of time.

In these situations, Joseph & Hall, P.C. has been highly successful in compelling the agency to process applications through the filing of a “writ of mandamus” with a federal court.  This writ from the judge “mandates” that the agency perform the duties that it is required to perform – in the case of USCIS, adjudicating a petition or application that has been sent to it.  These cases are often combined with another law, the Administrative Procedure Act, which allows the judge to order agency action that has been “unreasonably delayed.”

If you have applied for an immigration benefit, and the adjudication of that benefit has been pending beyond normal processing times, please contact Joseph & Hall, P.C. to determine your eligibility for filing a Writ of Mandamus to challenge USCIS’s delay in processing your petition or application.

Our firm has a history of success and a proven track record of winning cases before the administrative appellate agencies and federal courts.

GET IN TOUCH

Complete the form to schedule a consultation.
  • This field is for validation purposes and should be left unchanged.
Call Now Button