Middlesex County, New Jersey Immigration Litigation Lawyer

The immigration system in the U.S. is intertwined among a lot of different agencies to carry out its various functions. Some of the agencies involved are the Department of Homeland Security, Customs and Border Patrol, U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and various other government departments. These agencies may not adjudicate cases in a timely and just manner. In this case, you’ll need a competent immigration litigation lawyer who can help ensure your rights are fully protected.

Immigration Litigation Lawyer | Preserving Your Rights in the U.S.

To fully protect your rights, federal courts may be approached. Appeals, Petitions for Review, Writs of Mandamus, and Habeas Corpus are some of the filings that can be made in Federal Courts. Appeals are generally filed in cases that relate to removal from the U.S. or eligibility for benefits, relief, or protection to stay in the U.S. They are filed in the appellate section of the concerned federal court having jurisdiction. Federal Courts may be approached in the following scenarios:

  • If there is an unreasonable delay in adjudicating an application or petition from the USCIS: The writ of Mandamus vests federal courts with the power to compel an agency to act where the agency has failed to perform its duty. Thus, if the USCIS has failed to issue a decision on a properly filed application in a “reasonable” time, then a person must evaluate his options to file a Writ of Mandamus.
  • Denial of any application for naturalization by the US Government: The INA provides for specific relief in federal district court if the USCIS has failed to issue a decision on a naturalization application for more than 120 days after the date of the interview
  • Challenge for unlawful detention for someone in immigration custody: Detentions have increased over the years, however, some of the detentions may be unlawful, like the detention of a United States citizen; and detention of an alien who is not inadmissible, removable, or deportable under our current immigration laws. A writ of habeas corpus can be filed in the federal district court to stop the detention.
  • Challenging a removal order on legal grounds: An order of removal or deportation passed by the Board of Immigration Appeals can be challenged in federal courts. The Board of Immigration Appeals can sometimes make factual and legal errors in dismissing appeals and denying motions. Motions to reconsider and reopen can be filed with the board. The Board’s decision can be challenged in a timely manner at an appropriate federal court and can be done either on legal or constitutional grounds.

Habeas Corpus Litigation

The Writ of Habeas Corpus involves a judicial mandate given by the federal court to the state court to release an individual from custody or to repeat the trial, sentencing, or another proceeding that led to the prisoner’s custody. Around 16,000 to 18,000 cases are filed annually by the state prisoners for habeas corpus relief.

The State or Federal detainees can use the Writ of Habeas Corpus as a procedure and extraordinary remedy for post-conviction relief. The detainee may seek to vacate, set aside, or correct the underlying sentence for which he or she is in custody under the writ. The writ of habeas corpus basically acts as a writ of inquiry to question the reasons or grounds for restraint and detention. Thus, the writ can be used as a safeguard against imprisonment by compelling the responsible enforcement authorities to provide valid reasons for the detention of a person who is held in violation of the law. The writ can help in attaining an immediate relief from unlawful impeachment, by ordering immediate release unless with sufficient legal reasons and grounds.

Unlawful detention may cause collateral immigration consequences due to a criminal conviction. Speak to a competent immigration litigation lawyer to determine whether a Writ of Habeas Corpus can be filed on your behalf.

Mandamus Litigation

An order from a higher court to a lower court or other government body ordering it to do something that the law requires is called a Writ of Mandamus. With respect to immigration, a Writ of Mandamus may refer to a lawsuit against the United States Citizenship and Immigration Service (USCIS) to rule a petition of some form but has not provided a decision after a considerable period of time. However, such a lawsuit is considered a last resort after every other way has been explored.

Even Though a Writ of Mandamus may compel the USCIS to fasten up the process of delayed applications, the Writ cannot compel USCIS to rule favorably for the petitioner. A Writ of Mandamus cannot redress a plaintiff who has already lost an important opportunity in a time-sensitive case due to the inaction of immigration officials.

Bond Hearings

When a person with illegal status is detained by U.S. immigration officers; mostly from the office of Immigration and Customs Enforcement (ICE), getting out of the detention facility and going back home with family is a top priority. This can be achieved if the ICE independently evaluates that the person is eligible for an immigration bond. Thus, by paying the bond amount, the detainee can be released from immigration detention on bail.

An immigration bond hearing usually varies as per the reason for detention. Suppose the person is detained for a minor violation, such as overstaying a visa. In this case, they’ll likely only need to prove they aren’t a flight risk to get a bond. However, if that person was detained due to a criminal issue, they likely will have to prove they aren’t a danger to society to be released on bond. If you are denied bond, you can’t review it, but with a competent immigration litigation lawyer in your corner, you can appeal the decision.

Contact an Immigration Litigation Lawyer Today

If you’re facing any of the aforementioned issues, or any other immigration-related issue that requires an immigration litigation lawyer, please don’t hesitate to contact the Law Offices of Aditya Surti, LLC for assistance. Our legal team is on your side and will fight, tooth and nail, for the best outcome possible on your behalf.

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