Federal Court Immigration Litigation
| The process of bringing an immigration-related lawsuit to federal court. Such a lawsuit makes a claim that the government has violated a particular statute, regulation, or constitutional provision. An immigration-related complaint can be filed in federal court to challenge: |
· Orders of removal on legal or constitutional grounds (discretionary cannot be challenged in federal courts)
· “Release from custody” decisions:
Unlawful detention of someone in immigration custody due to DHS’s refusal to set bond, or the conditions of release
· Legalization denials/Legal Immigration Family Equity Act of 2000 (LIFE Act) cases
· Naturalization decisions:
USCIS’s denial of an application for naturalization
· “Delay cases”:
USCIS’s unreasonable delay in adjudicating an application or petition
· Other agency decisions:
Non-removal and non-detention decisions subject to review, such as denials of petitions forvarious immigration classifications; denials of applications for change/extension of status; denials of applications for employment authorization; etc.
