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When USCIS leaves a case pending for too long, denies it on a legal error, or ICE holds someone without a lawful basis, a federal judge can step in. Onal Gallant files mandamus, APA, and habeas corpus cases in U.S. district courts for clients across the United States.
A mandamus lawsuit asks a federal judge to order USCIS, the State Department, or another agency to decide a case that has been pending too long. It is the most common way to move a stalled green card, citizenship, asylum, or visa application. In many cases, the agency decides the application before the court has to rule.
The Administrative Procedure Act lets a federal court set aside agency decisions that are arbitrary, unsupported by the record, or contrary to law. We use APA claims to challenge wrongful denials and agency policies that stop applications from moving. Some decisions, especially discretionary ones, are shielded from court review, so we check that first.
Federal immigration litigation means taking an immigration problem out of the agency and into a U.S. district court. Most immigration cases never need a lawsuit. When an agency does not act, acts outside the law, or detains someone without a lawful basis, a federal court can order it to decide the case, set aside its decision, or order a release or bond hearing.
Common reasons clients come to us:
Answers to the questions people ask before taking USCIS or ICE to federal court.
A mandamus lawsuit asks a federal district court to order a government agency, usually USCIS or the State Department, to make a decision it has unreasonably delayed. It is filed under 28 U.S.C. § 1361 and the Administrative Procedure Act. The court does not approve the case; it orders the agency to decide it.
There is no fixed waiting period. Courts weigh how long the case has been pending, the agency’s own processing times, any reason given for the delay, and the harm the delay causes. A case that is well beyond the posted processing time, with inquiries that went unanswered, is usually a stronger candidate.
USCIS is not allowed to deny a case because you filed a lawsuit, and the legal standard for your application stays the same. A lawsuit forces a decision, so any weakness in the application will surface sooner. That is why we review the file before filing.
Yes. Under 8 U.S.C. § 1447(b), if USCIS has not decided your N-400 within 120 days after the interview, you can ask the federal district court where you live to decide the application or send it back to USCIS with instructions.
A habeas corpus petition asks a federal judge to review whether a person’s detention by ICE is lawful. It is filed in the U.S. district court for the place where the person is held. The judge can order a release, order a bond hearing, or deny the petition. Courts are divided on when a bond hearing is required, so the location of the detention can affect the outcome.
Sometimes. Under the Administrative Procedure Act, a court can set aside a final decision that is arbitrary, ignores the evidence, or misapplies the law, and send the case back to USCIS. Decisions that Congress made discretionary are often shielded from court review, and some denials must first be appealed within the agency. We check both before filing.
Most mandamus and APA cases can be filed in the district where you live, where the agency office handling your case is located, or in Washington, D.C. Habeas petitions are filed where the person is detained. Courts in different circuits rule differently, so the choice of court matters.
Many mandamus cases end within a few months, often because the agency decides the application after the government is served. Cases that go to a ruling take longer. Habeas cases usually move on a much shorter schedule because a person’s liberty is at stake.
Is your case stuck or denied?
Tell us how long it has been pending and what USCIS or ICE has done so far.
