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Federal immigration litigation is different from filing an application or appearing in immigration court. In many cases, it involves asking a federal court to review government action, require an agency to act, address unlawful detention, or consider whether an immigration decision was legally flawed.
These matters can involve USCIS, DHS, immigration court decisions, removal orders, federal agency delays, or other government actions affecting a person’s immigration status or ability to pursue immigration benefits.
Federal litigation is not available in every situation. Deadlines, jurisdiction, the type of decision involved, and the history of the case all matter. That is why a careful legal review is often the first step.
Petitions for Review
A petition for review is a federal court appeal of a removal order, usually filed with a federal circuit court. These cases may involve legal errors, procedural issues, or other challenges to a removal decision.
BLMT has long handled petitions for review for clients seeking federal court review of removal orders.
Habeas Corpus Petitions
A petition for habeas corpus may be used to challenge unlawful or prolonged immigration detention. These cases ask a federal court to review whether a detained person is being held legally and whether release may be appropriate.
For families facing detention, timing and legal strategy can be critical.
Mandamus Petitions and Unreasonable Delays
When an immigration application has been pending for an unreasonable amount of time, a mandamus petition may ask a federal court to require the government to make a decision.
These cases may involve delayed naturalization applications, visa processing delays, green card applications, or other long-pending immigration benefits.
Civil Fines and Penalty Notices
Some people with old removal orders have received civil fine notices, sometimes involving extremely large proposed penalties. These matters may require a formal opposition, legal briefing, and, in some situations, federal court review.
BLMT helps clients evaluate these notices, respond strategically, and understand what options may be available.
Appeals of Denied Applications
Some denied immigration applications may be eligible for further review, including administrative appeals or federal court challenges. The right option depends on the type of application, the reason for denial, and whether the law allows review.
We help clients understand whether a denial can be challenged and what next steps may make sense.
Immigration Consequences of Criminal Convictions
BLMT does not handle criminal defense directly. However, criminal arrests, charges, pleas, and convictions can have serious immigration consequences.
We work with clients and, when appropriate, their criminal defense attorneys to help identify immigration risks before a plea is entered. We strongly advise non-citizens not to accept a guilty plea or no-contest plea without first speaking with an immigration attorney.
For people who are already facing immigration consequences because of a past conviction, we can also advise on the immigration side of post-conviction relief when they are working with a criminal attorney.
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Jesse Lloyd
Partner
What is federal immigration litigation?
Federal immigration litigation involves asking a federal court to review or address an immigration-related issue. This may include unreasonable delays, detention, removal orders, denied applications, civil fines, or other government actions.
What is a petition for review?
A petition for review is a federal court appeal of a removal order. These cases are generally handled in the federal circuit courts and must usually be filed within strict deadlines.
What is a habeas corpus petition?
A habeas corpus petition may be used to challenge immigration detention. It asks a federal court to review whether someone is being lawfully detained and whether release may be appropriate.
What is a mandamus petition?
A mandamus petition is a lawsuit that may ask a federal court to require a government agency to act on an application that has been unreasonably delayed.
Can federal litigation help with a delayed immigration application?
In some cases, yes. If an application has been pending for an unreasonable amount of time, federal litigation may be an option. The best approach depends on the type of application, the delay, and the facts of the case.
Can BLMT help with civil immigration fines?
Yes. BLMT can help evaluate and oppose civil immigration fine notices, including notices connected to old removal orders. Some of these matters may also require federal court review.
Does BLMT handle criminal defense?
No. BLMT does not handle criminal law directly. However, we advise clients, and often their criminal defense attorneys, on the immigration consequences of criminal charges, pleas, and convictions.
Should I speak with an immigration attorney before accepting a plea?
Yes. Non-citizens should speak with an immigration attorney before accepting a guilty plea or no-contest plea. A criminal disposition can affect immigration status, removal risk, travel, naturalization, and eligibility for future benefits.
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Federal Litigation Options
If you are facing detention, a denied application, a delayed immigration decision, a removal order, a civil fine, or immigration concerns connected to a criminal conviction, experienced guidance can help you understand your options before taking the next step.