Judges and officers can sometimes make mistakes in applying the law or in considering relevant facts. However, there are ways to reverse erroneous decisions and obtain a fair result.
Litigation in federal courts is drastically different from litigation in immigration courts, proceedings before the USCIS, or appeals before the BIA. However, litigation in federal court has become more common in the immigration law practice. It includes petitions for review, challenges to delays of naturalization processing, as well as other immigration issues.
If a foreign national loses before the Immigration Court and the Board of Immigration Appeals, they can file a petition for the case review with the Court of Appeals which has jurisdiction over the Immigration Court where the proceedings took place.
If there’s an unreasonable agency delay, an alien can ask a federal district court to intervene. For example, that can occur if the USCIS doesn’t decide on a naturalization application within 120 days after the naturalization interview.
Aliens can also challenge the legality or the length and conditions of their immigration detention in a federal litigation process, as well as to complain when the agencies of the U.S. government have failed to act when they have to do so.
The attorneys at Tadeo & Silva have experience in appealing decisions by Immigration Judges, the Board of Immigration Appeals and USCIS immigration officers.