Federal Court Solutions
Mandamus
A petition for writ of mandamus is a federal court action asking a judge to order the government to do something. Usually this means asking a judge to order USCIS to make a decision on an application that has been unreasonably delayed. It can also be used to demand that USCIS schedule an interview on an application, or to resolve many other types of government delays. A mandamus suit does not ask a judge to approve an application, but instead asks a judge to force USCIS to make a decision. The typical lifecycle of a mandamus case is as follows:
Wilkes Legal files a petition for writ of mandamus, which starts the case in a federal court.
The federal court issues a summons commanding the government to respond.
In a majority of cases, instead of responding to the court, USCIS will make a decision on the delayed application and will ask Wilkes Legal to dismiss our mandamus case.
Once USCIS makes its decision on the application, Wilkes Legal can decide to dismiss the mandamus case or, in some cases, convert it to an APA review case, requesting the judge to review the government’s decision.
The attorneys at Wilkes Legal, LLC work at the cutting edge of immigration law to offer clients effective, comprehensive, and innovative strategies. We understand that the immigration process can be extremely stressful for clients and their families, especially when cases are delayed. Considering each individual’s unique situation, we work to find appropriate and realistic strategies for resolving clients’ immigration cases.
APA Review
The Administrative Procedure Act allows federal courts to review the actions of federal agencies, including decisions made by USCIS. When USCIS makes a mistake, sometimes the law allows and requires us to appeal the decision within USCIS. Other times, the law permits us to ask a federal court to review USCIS’ mistake instead. If the judge decides that USCIS made a mistake, either the judge will order USCIS to correct it, or the judge will correct the mistake himself or herself. The typical lifecycle of an APA case is as follows:
Wilkes Legal files a complaint for APA review, which starts the case in a federal court.
The federal court issues a summons commanding the government to respond.
In many cases, instead of responding to the court, USCIS will correct its mistake and ask Wilkes Legal to dismiss the case.
Once USCIS fixes its mistake, it usually approves the application! Then, Wilkes Legal dismisses the APA case and discusses next steps with our client.
If USCIS does not fix its mistake, Wilkes Legal will fight the case before the federal court, asking the judge for the correct outcome.
The attorneys at Wilkes Legal, LLC work at the forefront of immigration law to offer clients effective, comprehensive, and innovative strategies. We understand that negative USCIS decisions can have devastating consequences for clients and their families, which is why we carefully analyze every denial for possible avenues for review or appeal. Wilkes Legal fights for our clients and does not give up.
Habeas Corpus
A petition for a writ of habeas corpus is a versatile and relatively fast way to challenge detention, transfers between detention centers, conditions of detention, and other detention-related issues. It is usually a request that a judge determine whether it is legal to detain someone, and if not, to order his or her release. Even if someone was denied a bond in immigration court, he/she may still be eligible for release. Because of the seriousness of the constitutional rights involved in detention, habeas cases are treated with special urgency by the courts. The typical lifecycle of a habeas case is as follows:
Wilkes Legal files a petition for a writ of habeas corpus, which starts the case in a federal court.
Wilkes Legal’s attorneys coordinate with the court and the government’s attorneys to schedule a hearing as soon as possible.
The federal court issues a summons commanding the government to respond.
A hearing takes place, usually by telephone, to determine if the case is an emergency.
The judge sets a schedule for the case.
Both sides present written arguments to the judge.
A final hearing is held, and the judge makes a decision.
In some cases, it is easier for the government to release someone than fight a habeas case.
In those cases, the person is released, and Wilkes Legal dismisses the habeas case. The attorneys at Wilkes Legal, LLC stay up to date on the latest legal precedents and strategies for habeas cases. We know that detention takes an incredible toll on detainees and their families, which is why we work to identify any possible legal ground to challenge a client’s detention and provide creative strategies and tireless advocacy to secure our clients’ freedom.
Denaturalization Defense
Sometimes the U.S. government seeks to take away United States citizenship from a naturalized citizen because of something in his or her past. Whether it is a criminal conviction, mistaken information provided to the government, or simply that the person was not eligible to become a citizen and no one noticed, denaturalization cases are difficult and scary. The typical lifecycle of a denaturalization case is as follows:
Usually, the United States Attorney sends a letter explaining that the U.S. government intends to revoke your citizenship. The letter should contain a short explanation of the government’s reasons for taking this step, and a deadline for you to negotiate with the U.S. Attorney’s office about voluntarily renouncing your citizenship.
If you do not agree to voluntarily renounce your U.S. citizenship, the U.S. Attorney will file a complaint for denaturalization against you in federal court. You will receive a copy of the complaint and an order from the court commanding you to respond to the government’s complaint within 30 days.
Denaturalization cases are extremely complex and time sensitive. The strategy for responding to and/or fighting a denaturalization case will be different for each case and will depend on the reasons the government is seeking to take away your U.S. citizenship.
The attorneys at Wilkes Legal, LLC have the experience and the knowledge to defend your citizenship. We carefully analyze each client’s unique set of facts and circumstances, and thoroughly advise each client on all available strategies and the possible outcomes of each option. Wilkes Legal understands the life-altering impact denaturalization can have on our clients and their families, which is why we vigorously defend our clients from denaturalization, presenting the strongest possible case to challenge the government at every step in the process.
Federal Appeals
In many cases, unfavorable decisions from the Board of Immigration Appeals (BIA) may be appealed to the Federal Courts of Appeal. There, a panel of three federal judges will review the BIA’s decision, and often, the immigration judge’s original decision, too. If the Federal Court of Appeals decides that the BIA made a mistake, the court will either send the case back to the BIA to fix its mistake, or it will correct the mistake itself. Appeals generally must be filed within thirty days of the unfavorable decision and must include sufficient explanation as to why the earlier decision was made in error. The typical lifecycle of an appeal is as follows:
Wilkes Legal files a Petition for Review with the Federal Court of Appeals on behalf of
our client.The Federal Court issues a briefing schedule that sets out deadlines for each side to
submit its written arguments.After receiving written arguments from both sides, the Federal Court either issues a
decision, or schedules in-person oral arguments so that it may consider the case further
and ask questions to both sides.If the Court chooses to hear oral arguments, the Court will make its decision some
months after the oral arguments.
The attorneys at Wilkes Legal, LLC will not hesitate to challenge a wrongful decision through an appeal. We advise our clients when an appeal is appropriate and will strenuously argue our client’s case to gain the best chance of reversing an unfavorable decision.