Federal Court Challenges

Circuit Federal Court Appeals

The decisions made by Immigration Judges can be appealed to the Board of Immigration Appeals and from there; many matters may be appealed to the appropriate circuit U.S. Court of Appeals. There currently are thirteen United States courts of appeals. The eleven numbered circuits and the D.C. Circuit are geographically defined. The thirteenth court of appeals is the United States Court of Appeals for the Federal Circuit, which has nationwide jurisdiction over certain appeals based on their subject matter. The United States Courts of Appeals are considered among the most powerful and influential courts in the United States. Because of their ability to set legal precedent in regions that cover millions of people, the United States Courts of Appeals have strong policy influence on U.S. law. Moreover, because the U.S. Supreme Court chooses to hear fewer than 100 of the more than 10,000 cases filed with it annually, the United States Courts of Appeals serve as the final arbiter on most federal cases.

Mandamus and 1447(b) complaints at District Courts

In a small percentage of cases, USCIS is delaying by years the granting or denying of Green Card applications (I- 485) and derivative asylum applications (I-730) and sometimes relative petitions (I-130). Under these situations, the District Courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or agency thereof to perform a duty owed to the plaintiff. By filing for mandamus relief with the federal district court that has jurisdiction over your place of residence, USCIS will have 60 days to respond to the complaint. The court will generally send the case back to USCIS and instruct them that they must take action within a certain period of time.

1447(b) is a statute which specifically provides for district court review of a stalled naturalization application when 120 days have passed since the naturalization interview.