Federal Review of Immigration Decisions Law Firm in Tampa
Federal courts are entrusted with reviewing agency denials of benefits under the Immigration and Naturalization Act and the Administrative Procedures Act. Federal Courts may review agency decisions, or indecision, in a case. The basis of such jurisdiction is the Constitution under Article III, the Administrative Procedures Act, the Mandamus Statute, and the Immigration & Naturalization Act.
What Type of Cases can the Federal Court Review?
Federal Courts may review the following decisions from the United States Citizenship & Immigration Decisions:
- Denials of Employment-Based Petitions, including non-immigrant visa petitions and immigrant visa petitions.
- Denials of Family visa petitions, including denials of I-130 Immigrant Visa petitions, I-485 Adjustment of Status Applications, and I-730 derivative Asylum benefits
- Denials of N-400 Application for Citizenship, and N-336 Naturalization Appeals
Federal Courts may also review unreasonable delays in the abovementioned cases. So, if the Service is not adjudicating such petitions, or is taking an unreasonable amount of time, an Applicant or Beneficiary, may petition for review by a Federal Court of competent jurisdiction to rule on such unreasonable delay.
Are All Immigration Decisions Reviewable by a Federal Court?
No all decisions by the United States Citizenship and Immigration Service are reviewable by a Federal Judge. Some cases that are non-reviewable are those cases that are within the agency’s discretion. These cases include any cases that are confined to the Agency’s discretion. None of the petitions included above are discretionary, although the Service always argues that I-485 Adjustment of Status cases are discretionary. This view has been rejected by several courts.
I Have in Detention for Several Months, Can I file a Writ of Habeas Corpus?
A Writ of Habeas Corpus could be a very important toon in the immigration context. The Writ has been used since the founding of the United States. The Writ is an order to a custodian, the person who is holding you, to “produce the body”. In the immigration context, this could be the District Director, or the Sheriff, if the immigrant is in the custody of a local agency under an MOU with Immigration and Customs Enforcement.
Please keep in mind that certain individuals fall under “mandatory detention” if they are convicted of certain crimes or if they have certain claims, like an asylum. There has been a lot of litigation regarding “mandatory detention”, which has been dealt with by the Supreme Court of the United States in Jennings v. Rodriguez.
If you, or an immediate relative, have been detained and denied bond in removal proceedings, please call us to discuss your case.
Attorney Ahmad Yakzan is your Tampa immigration lawyer. Please call us if we can help you with anything.
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At American Dream Law Office, PLLC, your dream is my dream, and it shows in our reviews! See for yourself what our clients have to say about working with us.
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"By Our Side Through Thick and Thin"Ahmad is the best lawyer EVER! He sat with us and we talked about everything and suddenly all our worries were gone!- Former Client
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"I couldn’t have asked for a better man to help me"had a complicated situation, he was patient thorough and professional.- Former Client
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"I actually received my letter"I have nothing but great things to say about him, and I would highly recommend everyone that needs this process to be completed to work with Ahmad.- Maria G.
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"He has helped many of my friends in the Albanian community"He represented me and made sure her application was approved.- Former Client
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"In Good Hands"He guided us through the whole process and was transparent with every step and his fees. The whole team filled us with ease and made us feel we were in good, experienced hands.- Former Client
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"His work is his passion, and it shows."He works hard to ensure we were taken care of. He treated us like family from the start to finish- Sara B.
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"Blessings and best wishes"Although initially, due to my previous experiences, I doubted that I would ever have a favorable outcome regarding my status, he was able to give me the validation that I needed and ultimately a successful conclusion, putting this chapter of my life behind- Kelly R.
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"Great group of honest and professional people"Overall considering the emotional roller coaster you go through personally during the process, Ahmad and his Team always made sure I was kept informed of any new developments good or bad.- Mark F.
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