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Federal Review Of Immigration Decisions Your Dream is My Dream

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.

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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 ADLO™ at (813) 499-1250 if we can help you with anything.

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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.

    "This stressful process was made so much easier"
    Throughout the entire process Ahmad and his staff were responsive, professional and most of all comforting.
    - Former Client
    "The USCIS officer just told us the greencard will be in the mail!"
    I’m so glad we didn’t try to go through this lengthy and complicate process without them.
    - Lucia A.
    "I will use his office again in the future for our Citizenship application"
    The USCIS was frustratingly slow but his office was always reassuring that we were on track. He even fixed the issue for us when USCIS dropped the ball on our case.
    - Stephen S.
    "Always ensuring that I was fully prepared"
    I could not have done this without his help. When it comes to relocating to another part of the world, there will always be obstacles to overcome, you will need help.
    - Michael H.
    "They demonstrated experience and mastery of the activity"
    I am very grateful for your management !!
    - Former Client
    "He is on top of the game"
    He knows the laws inside and out. He won our case/appeal after 9 years!!!
    - Angel U.
    "My wife and child were granted there green cards today."
    Ahmad and his team guided us the whole Way.
    - Former Client
    "Make America Dream again"
    Ahmad has been with me through every step and and made me feel comfortable.
    - Nana S.

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