Federal Litigation
Some immigration problems cannot be solved inside the immigration system. When detention is unlawful or a decision rests on legal error, the federal courts are where it gets corrected.
Two routes into federal court
A petition for review challenges a final removal order. A habeas petition challenges detention itself.
- 1Immigration CourtMaster calendar and individual merits hearings before an immigration judge
- 2Board of Immigration AppealsAppeal of the immigration judge's decision
- 3U.S. Court of AppealsPetition for review, including the Ninth and Second Circuits8 U.S.C. § 1252
- §U.S. District CourtHabeas corpus petitions challenging unlawful detention, at any stage28 U.S.C. § 2241
Challenging unlawful immigration detention
When a person is held without a lawful basis or without the hearing the law requires, a habeas petition asks a federal district judge to order release or a constitutionally adequate bond hearing. The firm files these petitions in U.S. District Courts across the country, wherever the client is held.
Appealing removal orders to the circuit courts
After the Board of Immigration Appeals rules, a petition for review must be filed in the federal court of appeals within 30 days. The firm litigates petitions for review in the Ninth and Second Circuits, including stay-of-removal motions so the client can remain while the case is decided.
Where the firm litigates
Federal cases are filed where the law places them: the circuit that covers the immigration court, or the district where a client is detained.
Federal deadlines are short and strict.
- A petition for review is due 30 days after the Board's final decision, and the deadline cannot be extended.
- A petition for review does not automatically stop removal. A stay motion should be filed with it.
- Habeas relief depends on where and how long a person has been held, so contact the firm as soon as detention begins.