Appeals & Federal Litigation

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, makes findings that are contrary to the evidence submitted, or simply does not make sense. In these situations, our team at Joseph & Hall P.C. has been highly successful in suing the agency in federal court to overturn these erroneous denials. We are committed to fighting immigration cases to the end and are often hired after other immigration firms have lost a case before immigration agencies, taking the case up on appeal or to federal court. If you have received a denial of 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.

Clients We Help

If any of the situations below sound familiar, our firm is ready to review your case and help you decide on the strongest path forward.

• An immigration judge or agency denied your case: The decision applied the wrong statute or overlooked important details, and you want to know whether the Board of Immigration Appeals or a federal court could take another look.
• You want to reopen your case: You missed a hearing, uncovered new evidence, or experienced a meaningful change in your life or home country, and you need to know whether that could reopen a closed case.
• Your case outcome could be affected by a policy change: The rules shifted after your case was decided, and you are unsure whether that change helps you or creates a new way to challenge the result.
• Your case has been stuck for months or years: Your green card, visa, asylum, or naturalization matter remains pending long after you completed every step, and you need to know whether federal litigation could compel a decision.
• You or a loved one is being held in immigration detention: Someone has remained in custody for a prolonged period without meaningful bond review or under a questionable reading of the law, and you need to know whether a habeas corpus petition can challenge that detention.
• You have been harmed by a broader immigration policy: A federal rule, agency policy, or recurring government practice is causing similar harm to many people or organizations, and you want to explore whether coordinated or class-action litigation can challenge it.

Wherever your case may stand, our experienced team can help you explore your available options and find the next right step.

What We Do

Circuit Court Review of Removal Orders

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 can review your petition and 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 this situation, our attorneys can help you consider 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 challenge 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. This is a powerful and often underutilized tool that can be used to secure an individual’s freedom; if you or a loved one is currently detained, we can evaluate whether a writ of habeas corpus may be a viable strategy.

Impact and Class Action Litigation

When the government enacts a new law or promulgates a new rule or regulation, it sometimes has severe negative consequences for hundreds or even thousands of people.  In these situations, the best method for overturning these rules or shaping policy can be 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 we frequently file these large-scale lawsuits against the government. This not only protects against overreaching government action or unintended consequences of new regulations, but also serves as an important check on the government and facilitates the creation of fairer, more reasoned laws in the future. If you are considering filing large-scale immigration litigation, we may be able to 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 to remand it to USCIS with appropriate instructions. 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.

Writs of Mandamus to Challenge Agency Delays

When an individual applies for an immigration benefit with U.S. Citizenship and Immigration Services, USCIS has a duty to make a decision on that case. Unfortunately, sometimes a case falls through the cracks, leaving an individual 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, this typically means 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, we can help you determine your eligibility for filing a writ of mandamus to challenge USCIS’s delay.

Benefits of Choosing Joseph & Hall P.C.

• Proven strength in complex, high-stakes cases, giving your case the serious advocacy it deserves.
• Decades of experience with federal court petitions and procedures, from BIA appeals to mandamus actions.
• Skill in creating careful legal arguments designed to protect your rights and pursue the strongest possible outcome at every stage of review.
• A dedication to providing clear communication, individual care, and superior customer service, even in the midst of the most demanding litigation.
• Commitment to seeing hard cases through until every available option has been pursued.

Start Moving Your Case Forward Again

At Joseph & Hall P.C., our proven track record of success before administrative appellate agencies and federal courts speaks for itself. For over 25 years, we have been dedicated to guiding individuals and families through the challenges of the immigration process, and we are ready to do the same for you.

Whether you are facing an unreasonably delayed application, a final order of removal, or any other immigration challenge, our experienced team is here to provide personalized, unwavering immigration support. Don’t wait to take the next step toward resolving your immigration case. Contact Joseph & Hall P.C. to schedule your consultation.

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