Litigation can be a valuable tool to provide relief to noncitizens and employers harmed by our broken immigration system. Whether you’ve received an arbitrary decision from USCIS, are languishing in immigration detention, or have been waiting an unreasonably long time to receive a decision on an application, our team has the experience, creativity, and judgment to represent you in federal court.
Habeas Corpus. If a loved one is being detained by the U.S. Department of Homeland Security in violation of the laws or Constitution of the United States, or if your loved one is experiencing an unlawful removal, you may wish to consider filing a petition for a writ of habeas corpus with the appropriate U.S. district court. GYH attorneys have successfully secured the release of clients subjected to indefinite post-final removal order detention, prolonged detention pending removal proceedings, and we have thwarted hasty attempted removals by ICE.
Mandamus. Federal agencies, including the U.S. Department of State and components of the U.S. Department of Homeland Security, have a duty to adjudicate duly filed applications within a reasonable time. If you have been waiting an unreasonably long time to receive a decision on your pending application, GYH attorneys can advise you on whether and when to file suit to compel the government to act. We have successfully represented clients in cases challenging lengthy delays in connection with applications for immigrant visas, adjustment of status, asylum, and other benefits.
Administrative Procedure Act. The Administrative Procedure Act (“APA”) imposes upon agencies a duty to decide matters before them in a non-arbitrary manner. Despite this, from time to time, U.S. Citizenship and Immigration Services and other agencies adjudicating applications for immigration benefits make decisions that aren’t grounded in the record or don’t comply with law, policy, or past practice. GYH attorneys have brought successful APA challenges to arbitrary or otherwise unlawful agency decisions, including baseless inadmissibility findings and unlawful denials of applications for benefits, including adjustment of status.
Immigration and FOIA
Freedom of Information Act. The Freedom of Information Act (“FOIA”), the federal government’s sunshine law, generally requires the U.S. government to provide government records upon request. Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement. GYH attorneys routinely file FOIA requests with government agencies involved in the administration of U.S. immigration law to obtain client files and other records. Where an agency has conducted an inadequate search for records or has excessively withheld records, we have brought suit in U.S. courts under FOIA to compel the government to produce records our clients are entitled to.
To speak with an immigration attorney about litigation or FOIA issues contact Grossman Young & Hammond.