Immigration Appeals

I have extensive experience in federal court litigation and related areas. I have represented clients before United States Court of Appeals, the lower federal district courts, and the administrative appellate courts including the BIA and the AAO.

I handle the following types of cases in federal courts:

  • Supreme Court Litigation – You may challenge any adverse decisions of the U.S. Courts of Appeals to the U.S. Supreme Court. However, appeal to the Supreme Court is not automatic. You must first file a Petition for Writ of Certiorari (“cert.”) with the Supreme Court, which will only hear your appeal when it grants the petition. The U.S. Supreme Court typically only hears appeals raising significant policy implications affecting rights of numerous individuals or cases where, the U.S. Courts of Appeals reach different decisions on identical legal issues. I am admitted to practice before the U.S. Supreme Court.
  • Petitions for Review before U.S. Courts of Appeals – Persons who were issued orders of removal by an Immigration Judge and subsequently lost their administrative appeals before the Board of Immigration Appeals (“BIA”) may challenge the adverse decisions of the BIA by filing a petition for review to the U.S. Court of Appeals that has jurisdiction over the states where the removal proceedings were completed. For example, if your removal proceedings was completed in New York, you must file your petition for review with the U.S. Court of Appeals for the Second Circuit, which has jurisdiction over states of New York, Connecticut and Vermont.

U.S. Courts of Appeals are divided based on geography. There are twelve (12) judicial circuits defined by geography, including the eleven (11) “numbered” circuits and the D.C. Circuit, and the Federal Circuit that only hears specialized matters. The D.C. Circuit also hears appeals from agency decisions and rulemaking. The Federal Circuit hears appeals from specialized trial courts, primarily the United States Court of International Trade and the United States Court of Federal Claims. The Federal Circuit also hears appeals from the district courts in patent cases and certain other specialized matters.

  • Habeas Corpus Proceedings in U.S. District Courts – Persons may challenge removal orders, denial of bond, unlawful detention and other adverse decisions of the U.S. Department of Homeland Security, Immigration Judges and the BIA by filing a Petition for a Writ of Habeas Corpus in federal district court.
  • Mandamus Actions in U.S. District Courts – Persons may challenge delay of governmental action in adjudicating their immigration benefit applications by filing a mandamus action in federal district court. I filed many petitions for a Writ of Mandamus challenging USCIS’ inaction on clients’ immigration cases.
  • Class Action in U.S. District Courts – Persons may challenge unlawful governmental actions affecting numerous individuals who share similar backgrounds by filing a class action in federal district court.
  • Denaturalization Proceedings in U.S. District Courts – Post-9/11, the U.S. government has been actively instituting denaturalization proceedings in federal district courts against naturalized U.S. citizens whom they otherwise would not have in the past. Denaturalization proceedings were typically brought against former-Nazi members and war criminals. However, most recently, a naturalized U.S. citizen has been denaturalized for his criminal conviction that occurred after he became a citizen on the theory that he lacked good moral character before becoming a citizen for failing to provide information to the government that he committed criminal acts for which he had not been arrested.

 

Contact a New York Immigration Attorney if your case was denied and you want to file an Appeal.