Has Your Immigration Application Been Delayed?
The immigration process can be confusing and overwhelming. Even after filing your application, you may be waiting for months to get an answer from the United States government. The best way to protect yourself and know where you are in the legal process is to hire a knowledgeable attorney who can answer your questions and help you take legal action, if necessary.
At Gividen Law, PLLC, attorney Dan Gividen strives to provide excellent service to every client. You can trust him to protect your rights while helping you become a citizen of the United States.
Writs Of Habeas Corpus Seeking Release From ICE Custody
Just because an individual has been ordered to be removed from the United States to their native country doesn’t mean U.S. Immigration and Customs Enforcement (ICE) will actually be able to send them to their native country. While the reasons behind this vary, it is most often the result of the individual’s native country refusing to accept them.
In accordance with the Immigration and Nationality Act, as interpreted by the Supreme Court in Zadvydas v. INS, ICE may not continue to detain such individuals beyond a reasonable period of time when there is no reasonable likelihood of removal in the foreseeable future. There is a presumption that six months is a reasonable period of time. When ICE fails to release an individual who has been detained for more than six months since a final order of removal was entered, filing a writ of habeas corpus in U.S. District Court may be necessary
What Is A Mandamus Action?
Waiting for the processing of your citizenship or green card application can certainly feel like it is taking forever, even when it goes smoothly. If you have experienced unreasonable delays, however, you may be able to take legal action. Mandamus actions, or “writs of mandamus,” are federal lawsuits that you can file in U.S. District Court. Mandamus actions empower the federal court to instruct other agencies, such as U.S. Citizenship and Immigration Services (USCIS), to perform their duties, exercise their judgments, perform their judicial functions and follow the clear statements of the law.
Actions Under The Administrative Procedure Act
Federal agencies must follow the law, and when they don’t, you have options to pursue justice. The Administrative Procedure Act (APA) is a federal statute that regulates the actions of federal agencies. This law allows an alien to file a federal lawsuit and have their case reviewed to determine if there was an unlawful action (including the unlawful failure to act) by federal agencies, agency officials or employees.
Most people who pursue a lawsuit under the APA do so when an adjustment of status or naturalization application is denied and there is either no appeal allowed or the court has denied their appeal. Though often a last resort, this lawsuit is often the best option in such cases and can help you get your case reviewed by a judge outside of USCIS.
Call Gividen Law, PLLC, Today
Mr. Gividen stands up for clients and fights for what is right. Call Gividen Law, PLLC, at 972-256-8641 or contact the firm online to schedule your first appointment or get information about how to proceed with your case.