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Months of silence from USCIS, a denial that misreads the law, or a family member held by ICE without a bond hearing can make it feel like nothing is left to try. Onal Gallant’s federal immigration litigation lawyers tell you whether an immigration lawsuit can help, then file mandamus, APA, and habeas corpus cases that put the problem in front of a federal judge.
Our team includes a former federal prosecutor who represented USCIS and the Department of Homeland Security in federal court.
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. Many cases end when the agency decides the application before the court has to rule.
APA Lawsuits 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.
Habeas Corpus Petitions A habeas corpus petition under 28 U.S.C. § 2241 asks a federal district court to review whether ICE detention is lawful. The judge can order the person released or order a bond hearing before an immigration judge. Courts disagree on when bond hearings are required, so the place of detention matters.
Federal immigration litigation means taking an immigration problem out of the agency and into federal court. Most cases never need it. When an agency refuses to act or acts against the law, a judge can order it to decide the case or set its decision aside. In detention cases, the court can order a release or a bond hearing.
Common reasons clients come to us:
Federal court has its own rules on where a case is filed, who must be served, and what a judge is allowed to review. A lawyer who understands both the immigration file and federal procedure can tell you whether a lawsuit will help and file it correctly.
A lawsuit also changes the timing of your case. Once USCIS is pushed to decide, any weakness in the application comes up sooner.
Our federal immigration litigation lawyers can help with:
Find out whether a lawsuit fits your case.
Yes. Naturalization has its own path to federal court. If USCIS has not decided your N-400 within 120 days after your interview, you can ask the federal district court where you live to decide the application or send it back to USCIS with instructions (8 U.S.C. § 1447(b)).
If USCIS denies your application and the denial is upheld at an N-336 hearing, a district court can review the case from the beginning (8 U.S.C. § 1421(c)). The petition must be filed within 120 days of the N-336 decision.
Learn about the U.S. citizenship process
A lawsuit is not the first step for every delay. Before we recommend one, we look at:
Most mandamus and APA cases follow these four stages. Habeas cases follow the same path on a much shorter timeline.
We review your file, the agency’s published processing times, and the steps already taken, then tell you whether a lawsuit is likely to help and what it will involve.
We draft the complaint or habeas petition, file it in the right U.S. district court, and serve the government. In detention cases we file as soon as possible, because the court where the person is held at filing keeps the case even if ICE later moves them.
In mandamus and APA cases, the government has 60 days to respond. USCIS often decides the delayed application during this period, and the case is then dismissed. In habeas cases, the court sets a short deadline for ICE to justify the detention.
If the case is not resolved, we brief it for the judge. Possible outcomes include an order to decide the case by a deadline, a decision set aside and sent back to the agency, a release, or a bond hearing.
One of our attorneys represented USCIS and the Department of Homeland Security in federal court, so we know how the government defends these cases and what the U.S. Attorney’s Office looks for.
Immigration filings and federal lawsuits are handled within one firm, so a case that stalls at USCIS does not have to start over with new lawyers.
Onal Gallant has served more than 20,000 clients over more than 20 years, supported by 65+ legal professionals.
Mandamus and APA cases can usually be filed where you live or where the agency office handling your case is located. We represent clients in many states and in other countries.
Call us right away at (201) 508-0808. A habeas petition should be filed as soon as possible in the district where the person is held. Have the person’s full name, A-number, and detention location ready.
Sometimes. When USCIS pauses a whole group of cases, courts look at whether the pause has a lawful basis and how long it has lasted. These cases change quickly, so we check the latest decisions in your court before recommending one.
No. Appeals to the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA) stay inside the immigration agencies. A federal lawsuit goes to an independent judge, who can review the decision under the Administrative Procedure Act or order the agency to act.
Tell us what happened and how long your case has been pending. We will tell you whether a federal lawsuit is likely to help or whether another step should come first.
Prefer to talk now? (201) 508-0808
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What people ask before taking USCIS or ICE to court.
It depends on the problem. If USCIS or a consulate has not decided your case, the usual tool is a mandamus lawsuit. If USCIS denied the case because of a legal error, an APA lawsuit asks the court to set the decision aside. If someone is held by ICE, a habeas corpus petition challenges the detention. A final removal order is reviewed by a federal court of appeals.
Filing a lawsuit is not a lawful reason to deny a case, and the legal standard for your application stays the same. What changes is timing: a lawsuit pushes USCIS to decide, so any weakness in the file comes up 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 decide whether ICE is holding the person lawfully. It is filed in the district where the person is detained, and the judge can order a release or a bond hearing before an immigration judge. Courts disagree on when a bond hearing is required, so the place of detention can change the outcome.
In most cases, yes, but not in district court. A final order of removal is reviewed by the federal court of appeals through a petition for review, which must be filed within 30 days of the order (8 U.S.C. § 1252(b)(1)). Filing the petition does not by itself stop a removal, so a separate request for a stay may be needed.
Most mandamus and APA cases can be filed in the federal district where you live, where the agency office handling your case is located, or in Washington, D.C. If you live outside the United States, the case can be filed in Washington, D.C., or where your U.S. petitioner lives if the petitioner joins the lawsuit. Habeas petitions are filed in the district where the person is detained.
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 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.
Request a Free Consultation
Tell us about your case. A member of our team responds within one business day.
Submitting this form does not create an attorney-client relationship. Please do not include confidential details.
