![](/assets/pack/background/Legal-banner.2308141503550.jpg)
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.
![](/assets/pack/foreground/content-v2-img.2308141159550.jpg)
![](/assets/pack/background/placeholder.2307211716550.jpg)
Making a Difference in Our Clients' Lives
Read Our Five-Star Client Testimonials
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.
-
I know he may seem like he's in a hurry sometimes but he does his job well.- Anais R.
-
Throughout the entire process Ahmad and his staff were responsive, professional and most of all comforting.- Former Client
-
Ahmad and his team guided us the whole Way.- Former Client
-
Ahmad has been with me through every step and and made me feel comfortable.- Nana S.
-
His expert negotiation skill and diligence to his cause helped save the day- Michael G.
-
Ahmad is very knowledgeable and does an excellent job of proactively communicating. He genuinely cares about his clients.- Former Client
-
He knows the laws inside and out. He won our case/appeal after 9 years!!!- Angel U.
-
He went above and beyond to make sure I would make it to the next step on becoming a citizen.- Mahmoud B.
Contact Us Today
![](/assets/pack/foreground/contact-v1-img.2308141157550.jpg)
![](/assets/pack/background/placeholder.2307211716550.jpg)
-
Headquarters Tampa
10936 N 56th St, Suite 202
Temple Terrace FL 33617 United States -
BY APPOINTMENT ONLY St. Petersburg
8130 66th St N #3
Pinellas Park, FL 33781 -
BY APPOINTMENT ONLY Orlando
1060 Woodcock Road
Orlando, FL 32803, USA -
By Appointment Only New York City
495 Flatbush Ave. Second Floor
Brooklyn, NY 11225, USA -
BY APPOINTMENT ONLY Miami
66 W Flagler St 9th Floor
Miami, FL 33130, United States -
BY APPOINTMENT ONLY Washington
1201 Connecticut Ave NW Suite 600
Washington, District of Columbia 20036