The 4 Best Cases for US Immigration Litigation

Immigration can really be a tough road, but some cases are easier to fight than others. Here are the four easiest kinds of US immigration Litigation battles we work on. Remember: just because they are easier doesn’t mean they are easy. It is always best to consult an experienced immigration lawyer before attempting to fight any one of these cases.

  1. When your rights have been violated.  Say you are fighting deportation and a constitutional issue has been raised. Consult with an immigration attorney who has done the 4 best cases for federal immigration litigation, to determine if you have a valid claim to pursue.  Examples typically include asylum review, implications of due process rights and impermissibly retroactive applications of law.  In plain English, “the prior court decision was not fair.”
  2. When your immigration application has been delayed.  Citizenship and green card applications are supposed to be adjudicated in a certain number of months.  Many times people wait for cases to be decided outside the usual timeframes.  These scenarios would absolutely be candidates for possible federal immigration litigation challenges.  You must understand the risk versus rewards here, of course.  Again, consultations with lawyers who know the federal courts and immigration processes are warranted.
  3. When your loved one is in detention. Recently, I was interviewed on the issue of jailed immigrants by a legal newspaper.  I told the journal that the Homeland Security Department has the authority to take certain immigrants into custody. But, by the same token, some of those detained by ICE have a right to challenge their detention in federal court.
  4. When a citizenship application has been denied.  Naturalization cases are frequently rejected after Immigration Service review for improper reasons.  Citizenship officers do their best but they do not always read the law correctly.  These rules are very complex.  Moreover, local Immigration offices – throughout the US – implement policies on how to review certain types of cases without announcing them publicly.  The government has been sued numerous times when they held back internal memoranda. Denials resulting from inappropriate applications of law are ripe for argument in federal court.  You must meet with a skilled federal immigration litigator to see what your chances are.

Written by: Harlan York

Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS. He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers.

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