A Mandamus complaint is litigation filed in Federal Court to compel a decision on a pending application. For example, a client has filed an application for a green card that is pending for over two years—beyond the current processing times posted by USCIS. Numerous emails and telephone calls to USCIS have not made an impact. We can prepare a strategic Mandamus lawsuit resulting in a Federal Judge ordering USCIS to make a decision. Recently, we filed a Mandamus complaint to compel USCIS to make a decision on an application for political asylum that had not been pending for so long, but which had humanitarian urgency that USCIS was ignoring.
We prepare a strong Mandamus complaint and send a draft to USCIS giving them one last chance to make a decision or else the complaint will be filed the following week. Last month we had two long-pending cases approved using this strategy, without the need of filing the complaints in court.
Petition for Review
Representation to obtain federal court review of a removal, deportation or exclusion decision issued by the Board of Immigration Appeals. For example, if a client is ordered removed (deported), we can file an appeal with the BIA for their review—if there are valid grounds for an appeal, such as a judge’s failure to follow the law. This can cause a removal to be delayed by more than a year. If the BIA dismisses the appeal and again makes an incorrect determination under the law, we can file a Petition for Review in Federal Court, where often we find a more understanding judge.
We prepare every case from the beginning by looking ahead to a possible appeal and Petition for Review. We make sure that the original file is complete with the law and evidence that will be required in a future litigation down the road.
Removal (Deportation) Proceedings
Our immigration litigation attorney help with representation in initial and final immigration court hearings. Our clients may be in removal proceedings because they are seeking political asylum, cancellation of removal, or a green card based on an approved petition. Our immigration litigation attorneys have dozens of years of combined experience with representing foreign nationals in removal proceedings, using the most current law and strategies to defend them from deportation.
We prepare and prepare. We know the law as well as the judges do—often better. We educate the judges and the attorneys for the government on precisely why our client should not be removed from the United States.