Federal Court Litigation

Deportation and Removal Defense sometimes requires federal court litigation.  Our attorneys have the expertise to file habeas corpus and other types of cases in Federal District Court.  We have also successfully argued cases before the U.S. Court of Appeals for the Tenth Circuit. 

Immigration-related federal court litigation is drastically different from litigation in the immigration courts, proceedings before the USCIS, or practice before the Board of Immigration Appeals.  Federal courts are courts of limited jurisdiction, and can only hear certain claims related to an immigration matter. 

Immigration Litigation in Federal Courts

In an immigration-related federal court litigation, you can:

1. Challenge the USCIS’ unreasonable delay in adjudicating an application or petition 
2. Challenge the USCIS’ denial of an application for naturalization
3. Challenge the unlawful detention of someone in immigration custody
4. Challenge a removal order on legal or constitutional grounds
5. Challenge the USCIS’ unreasonable delay in adjudicating a Benefits Application

If you have filed a benefits application, such as an adjustment of status (green card) or a naturalization application, and if you have already been interviewed, but have been waiting an unreasonably long time for a decision, you can begin litigation in federal court against the USCIS by filing a mandamus to compel a prompt adjudication. You are entitled to have your benefits application adjudicated and the USCIS is required to adjudicate applications in a reasonable time.  Litigation in federal court can lead to a resolution in matter of weeks or months. A mandamus suit is started in the federal district court in the district in which you reside.