At IMMpact Litigation, we are a team of litigators from across the United States who work together to file complex cases in federal court for immigration clients. Unlike a traditional immigration firm, focused on representing individual claims, IMMpact Litigation works to create meaningful immigration reform through class-action litigation involving dozens or even hundreds of plaintiffs.
Most immigration matters are processed through a government agency, not the courts. However, there are some circumstances that warrant bringing litigation in immigration matters, especially if a single policy or action is causing harm to many people.
Because immigration law is at the federal level, litigation takes place in federal court, including federal district court or a circuit court of appeals. These courts have complex rules and procedures, and in order to successfully file a claim, you need an attorney who has experience with federal immigration litigation.
There are several types of federal petitions that can be filed, and each applies to different situations. The following are some types of federal immigration litigation that our attorneys handle.
If an immigration agency is acting improperly, either regarding an individual case or rulemaking in general, we can file a claim under the Administrative Procedure Act (APA). This allows us to challenge the agency’s action and have a federal judge review whether the agency was wrongful.
If you have a pending immigration matter that has been unnecessarily delayed, we might decide to file a mandamus action. A writ of mandamus compels the agency to act – often, to make a decision on an immigration application.
If you need to appeal an immigration decision, you first will have to go through the Board of Immigration Appeals (BIA). If the BIA still gives an adverse decision, the next level of appeal takes place in a federal circuit court of appeals. There are different rules and standards in these complex appeals, so you want an experienced litigator on your side.
Sometimes, Immigration and Customs Enforcement (ICE) detains people without a valid basis or without giving them their day in court in a timely manner. If you or a loved one are detained, and you need to get before a judge, we can file a petition for habeas corpus.
Did your application for naturalization get delayed or denied? If so, you can appeal by initiating federal litigation. To appeal a denial, we might file a case for a Denial of Application for Naturalization Hearing. To try to rectify a delay, we might file a mandamus action to compel USCIS to make a decision on your application.
The team at IMMpact litigation is comprised of powerhouse immigration litigation attorneys who know how to pursue complicated federal litigation when necessary in immigration law. Read more about our work on our Notable Cases page. Potential clients can also learn about opportunities to join our class-action cases on the Client Onboarding page.