If your immigration case has been denied and you have exhausted your options with USCIS, the immigration court, or the Board of Immigration Appeals, you may still have the right to seek review in federal court. Filing a case in federal court is a complex legal process, but it can provide additional opportunities to challenge an unfavorable decision and continue your immigration case.
The attorneys at Behar International Counsel APC represent clients in federal immigration litigation and help determine whether federal court review is available in a particular situation.
The federal court system in the United States has three main levels:
U.S. District Courts (trial courts)
U.S. Courts of Appeals (circuit courts)
The Supreme Court of the United States
There is one Supreme Court, 13 federal circuit courts, and 94 federal district courts.
Most immigration-related lawsuits in federal court begin at the district court level, although some cases go directly to the circuit court depending on the type of decision being challenged.
U.S. District Courts are the general trial courts of the federal system. They handle civil and criminal cases, including certain types of immigration-related lawsuits.
In immigration matters, district courts commonly hear cases involving:
requests for declaratory judgment
mandamus actions
challenges to unlawful delays
constitutional claims
A declaratory judgment is a court decision that clarifies a legal issue and determines the rights of the parties involved.
In immigration cases, a declaratory judgment may be requested when there is a dispute between an applicant and an immigration agency about eligibility for a benefit.
If the federal court rules in your favor, the agency may be required to recognize your eligibility and take action consistent with the court’s decision.
However, federal court should usually not be the first step.
Applicants are generally expected to first use available administrative remedies, such as motions or appeals, before seeking relief in federal court.
A mandamus action asks a federal judge to order a government agency to perform a required duty.
In immigration cases, mandamus lawsuits are often filed when an application has been pending for an unreasonable amount of time and the agency has failed to make a decision.
The court does not order the agency to approve the case.
Instead, the court orders the agency to take action and issue a decision.
While this can end long delays, approval is not guaranteed unless the applicant is legally eligible for the benefit requested.
The federal circuit courts are the first level of appeal in the federal system.
If the Board of Immigration Appeals (BIA) denies your case, you may be able to file a petition for review with the appropriate U.S. Court of Appeals.
Circuit courts may review decisions involving:
final orders of removal
denial of immigration relief
denial of motions to reopen or reconsider
legal or constitutional errors in the decision
The court does not re-hear the entire case.
Instead, it reviews whether the law was applied correctly and whether the decision violated constitutional or legal standards.
The Supreme Court is the highest court in the country.
If a circuit court issues an unfavorable decision, the final option may be to ask the Supreme Court to review the case.
This is done by filing a petition for a writ of certiorari.
If the Supreme Court agrees to hear the case, it will request the record from the lower court and review the legal issues involved.
The Supreme Court accepts only a small number of cases each year.
Typically, the Court chooses cases that:
involve important legal questions
affect many people nationwide
resolve conflicting decisions among lower courts
may establish precedent for future cases
Many significant immigration rulings in U.S. history have been decided by the Supreme Court.
Bringing an immigration case to federal court requires careful legal analysis, strict compliance with deadlines, and detailed knowledge of federal procedure.
Because the process is highly technical, it is important to work with an experienced immigration attorney who understands both immigration law and federal litigation.
The legal team at Behar International Counsel APC has experience handling complex immigration appeals and federal court cases. We evaluate each case individually, explain available options, and represent clients at every stage of the process.
If your immigration case was denied and you are considering federal court review, contact Behar International Counsel APC to schedule a confidential consultation and discuss your legal options.
