FEDERAL COURT IMMIGRATION LITIGATION

It is critical to have experienced immigration counsel for matters before the Federal Court and the Executive Office of Immigration Review (i.e. Immigration Court), US Customs and Border Protection (CBP) and US Customs Enforcement (ICE), Board of Immigration Appeals (BIA); Processing and/or proceedings at Pre-flight inspections, consulates and ports of entry

If you face a removal hearing and the possibility of deportation, we may be able to help you. The Law Office of Brian T. O’Neill, our attorney’s have been successfully representing individuals and corporate clients, with the following:

Immigration Litigation in Federal Courts:
  • You can challenge the USCIS unreasonable delays in adjudicating an application or petition
  • Challenge the USCIS denial of an application for Naturalization
  • Challenge the unlawful detention of someone in immigration custody
  • Challenge the removal order on legal or constitutional grounds.

If you have filed a benefits application, such as adjustment of status (green card or a naturalization application (US Citizenship), and you have already been interviewed, but have been waiting an unreasonably long period of time for a decision, you can begin litigation in federal court against the USCIS by filing a mandamus action 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 a matter of weeks or months, rather than having to wait and wonder what is going on with your application.

A mandamus action is commenced in the federal district court in the district in which you reside.

You can also commence litigation in federal court if the USCIS has erroneously denied your application for naturalization. A majority of the naturalization denials result from the USCIS finding that the applicant lacked ‘good moral character’ due to a criminal conviction or convictions. More often than not, the convictions occurred many years ago and the USCIS should not have used the previous crimes as a basis of denial. Under the law, the USCIS can only look back to a five year period immediately prior to the date you filed the naturalization application, but USCIS still continues to deny applications for naturalization for old convictions that have no bearing on the applicant’s good moral character.

Federal court litigation can also challenge the Unlawful Detention of someone held in immigration custody.

In limited cases, litigation can commence to challenge an order of removal/deportation. Challenges to removal orders are flooding the federal courts and the number of cases in federal court challenging removal or deportation continues to rise each year.

Call the Law office of Brian T. O’Neill at 617-722-4000 or contact us online. We will gladly answer your questions or schedule a consultation.

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