Does your immigration case require litigation?

Immigration cases are adjudicated through several different court systems - namely, Immigration court (EOIR), the Administrative Appeals Office (AAO) and the Board of Immigration Appeals (BIA). Also, appeals to decisions of the BIA are made in Federal court.

Immigration Court

Deportation and removal hearings take place before an immigration judge in U.S. Immigration Court. There is a large immigration jail in the south Miami area known as the Krome Detention Center. There is also two detention centers further north - Broward Transitional Center (Pompano Beach) and Glades County Detention Center (near Lake Okeechobee). I frequently represent people at all three locations, as well as the downtown Miami immigration court.

Administrative Appeals Office (AAO)

This body serves to handle appeals from decisions made by USCIS. In other words, if a green card or visa application is denied by USCIS and you'd like to appeal their decision, an appeal would be filed with the AAO.

Board of Immigration Appeals

The Board of Immigration Appeals (BIA) has jurisdiction to review the decisions of Immigration Judges. At the end of a case before the Immigration Court, either side can reserve appeal. The appeal must be filed within 30 days of the Judge’s decision. Generally, appeals to the BIA are made in written briefs submitted by mail to the court. Although the BIA can permit oral arguments, it rarely does. Because the decision by the BIA is the final decision of the agency, an appeal to the BIA is often the last opportunity to achieve a positive decision from the court. I understand the importance of providing the strongest legal argument in all briefs submitted to the BIA.

Federal Litigation

In certain circumstances, the final agency decision of the BIA can be further litigated in a U.S circuit court of appeals. Federal courts are courts of limited jurisdiction, and can only hear certain claims related to an immigration matter. Immigration-related federal court litigation is drastically different from litigation in the immigration courts, proceedings before the USCIS, or practice before the Board of Immigration Appeals. I have successfully argued cases before several U.S. Federal courts.

In addition to challenging the final agency decision of the BIA, federal courts can be used to challenge:

  1. the USCIS’ unreasonable delay in adjudicating an application or petition
  2. the USCIS’ denial of an application for naturalization
  3. the unlawful detention of someone in immigration custody
  4. a removal order on legal or constitutional grounds

If you have filed a benefits application, such as an adjustment of status (green card) or a naturalization application, and if you have already been interviewed, but have been waiting an unreasonably long time for a decision, you can begin litigation in federal court against the USCIS by filing a mandamus 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 matter of weeks or months. A mandamus suit is started in the federal district court in the district in which you reside.

I have the expertise to file habeas corpus and other types of cases in Federal District Court.

Call Bennett Grossman for a FREE Consultation

The more you understand the immigration process and the importance of the proceedings, the more you can be involved in the solution. Bennett Grossman wants you to gain insight from the experience, no matter the outcome.

When you are searching for an attorney in the South Florida area, choose one who will help you in more ways than one.