Federal Litigation: A Powerful Tool in Immigration Law
Federal litigation may be utilized to challenge unlawful agency actions and unreasonable delays in immigration processing times. As immigration policies are becoming more restrictive, federal litigation is becoming more common to challenge two key areas: ICE detentions and lengthy processing times.
Petitions for Habeas Corpus: Challenging ICE Detentions
Habeas petitions have become a powerful, effective and urgent remedy to challenge the increasing ICE detention of individuals. In many cases, the detained individuals are denied access to traditional immigration bond hearings due to the current administration’s restrictive policies. Habeas petitions may be used to challenge the Constitutionality of the detention, and a Temporary Restraining Order (TRO) Application may be used to obtain release orders in a short, fixed time-frame.
Mandamus Litigation: Challenging Lengthy Processing Times
Federal agencies have a duty to process any application or benefit within a reasonable period of time. In most cases, filing a mandamus case can deliver results in as little as 60 days.
When lengthy processing delays by federal agencies, such as USCIS, NVC, and even the Asylum Office become unreasonable and other administrative channels have been exhausted, mandamus lawsuits may be the best option to seek court intervention to mandate the adjudication of your application.
USCIS delays in processing applications such as I-485 and N-400;
NVC delays in Immigrant Visa interview appointment scheduling and/or post-interview administrative processing;
Asylum Office interview and/or decision delays.
Despite our high success rate, filing a petition for habeas corpus & TRO does not guarantee release. Every case is different and factors beyond our control can affect the outcome of a case. A successful mandamus case will result in timely adjudication of your application. It does not guarantee an approval.