Federal court litigation
When immigration agencies make unlawful decisions, unreasonably delay immigration applications, or improperly detain individuals, federal court litigation may provide an important avenue for legal relief.
Smallbone Law represents individuals in federal court actions challenging government agencies and seeking judicial remedies under federal law. We handle complex immigration litigation involving unlawful detention, agency delays, and improper denials of immigration benefits.
Habeas corpus petitions
When individuals are unlawfully detained by U.S. Immigration and Customs Enforcement (ICE), we pursue habeas corpus petitions in federal court to challenge the legal basis for continued detention and seek appropriate judicial relief.
Mandamus actions
When U.S. Citizenship and Immigration Services (USCIS) or other government agencies unreasonably delay adjudicating immigration applications or fail to perform legally required duties, we pursue mandamus actions seeking to compel the government to take the required action.
Administrative Procedure Act (APA) lawsuits
When immigration applications or petitions are wrongfully denied, or government agencies make decisions contrary to law, we represent clients in federal lawsuits under the Administrative Procedure Act (APA).
These lawsuits seek judicial review of unlawful agency decisions and, where appropriate, a court order setting aside the improper decision and remanding the matter to the agency for reconsideration under the correct legal standards.
Protecting immigration rights through federal litigation
Federal court litigation involves complex federal statutes, regulations, and case law, and requires a deep understanding of both immigration law and federal court procedure. Smallbone Law starts from the facts and the law of each case, evaluates whether the government acted lawfully, and develops an appropriate federal litigation strategy to seek the judicial relief the law allows.
How a case works with us
- Review the recordWe review the application history, the agency's decision or delay, and any detention records to see whether a federal case is available.
- Check other options firstSometimes an inquiry, a motion, or an administrative appeal is required first or is the faster path. If so, we tell you.
- File in federal courtWe prepare the petition or complaint, with the legal briefing and supporting evidence, and serve the government.
- Through the caseWe handle the government's response, court deadlines, and hearings, and keep you informed at each stage.
Common questions
What is a mandamus lawsuit for a delayed immigration case?
It asks a federal court to order USCIS or another agency to act on a case it has unreasonably delayed. The court orders the agency to decide; it does not decide whether to approve the case. Whether a delay is unreasonable depends on the facts, including how long the case has been pending.
Can a federal court review a denied immigration application?
Often, yes. Under the Administrative Procedure Act, a federal court can review a final agency decision that is contrary to law and send it back to the agency to decide again under the correct standard. Some decisions cannot be reviewed in court, so we check that first.
What is a habeas corpus petition in an immigration case?
It asks a federal court to decide whether a person's detention is lawful. In immigration cases it can be used to challenge ICE detention. Where the law allows, the court can order release or a bond hearing.
Is federal court the same as immigration court?
No. Immigration courts are part of the Department of Justice and hear removal cases. Federal district courts are separate courts that can review the actions of immigration agencies in certain cases.
General information, not legal advice for your case. Every situation is different; a consultation confirms what applies to you.
Forms and categories we handle here
Your attorneyMichael SmallboneLicensed in Tennessee. Adjunct Professor of Immigration Law, Nashville School of LawReady to talk to an attorney?
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