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Federal Immigration Litigation
Most immigration cases stay inside USCIS. But sometimes, the law allows a case to move to federal court.
This is usually done to address long delays, an unlawful decision, or a problem that a judge must review.
This is usually done to address long delays, an unlawful decision, or a problem that a judge must review.
Important Note
Federal court is not the right option for every case. Whether you can file depends on the facts, where your case is in the process,
and limits on what a federal judge is allowed to do. This page shares general information and is not legal advice.
and limits on what a federal judge is allowed to do. This page shares general information and is not legal advice.
When Immigration Matters Move to Federal Court
Most federal immigration lawsuits fit into a few main categories: (1) asking a court to address a long delay,
(2) asking a court to decide certain naturalization issues, or (3) asking a court to review a specific decision when the law allows it.
Common types include naturalization cases under 8 U.S.C. § 1447(b) and 8 U.S.C. § 1421(c),
mandamus/Administrative Procedure Act (APA) delay cases, and habeas corpus cases connected to detention.
(2) asking a court to decide certain naturalization issues, or (3) asking a court to review a specific decision when the law allows it.
Common types include naturalization cases under 8 U.S.C. § 1447(b) and 8 U.S.C. § 1421(c),
mandamus/Administrative Procedure Act (APA) delay cases, and habeas corpus cases connected to detention.
Naturalization: 8 U.S.C. § 1447(b) and 8 U.S.C. § 1421(c)
Naturalization lawsuits are a narrow area of immigration law. Two federal laws that come up often are
8 U.S.C. § 1447(b) and 8 U.S.C. § 1421(c). These cases can turn on timing,
what has happened in your case so far, and the paperwork already in the record.
8 U.S.C. § 1447(b) and 8 U.S.C. § 1421(c). These cases can turn on timing,
what has happened in your case so far, and the paperwork already in the record.
8 U.S.C. § 1447(b) (Delay After the Interview)
In some cases, if USCIS does not decide a naturalization case within the time allowed after the interview,
the applicant may be able to file in federal court. What happens next depends on the details of the case and how the government responds.
the applicant may be able to file in federal court. What happens next depends on the details of the case and how the government responds.
8 U.S.C. § 1421(c) (Review of a Denial)
After a naturalization denial, federal court review may be available in certain situations once the required administrative steps are completed.
These cases often focus on the record, the legal standards, and the reason USCIS gave for the denial.
These cases often focus on the record, the legal standards, and the reason USCIS gave for the denial.
Common things that matter in naturalization lawsuits
- Where your case is in the process (interview done, denial issued, appeal/review steps completed).
- Timing requirements and other rules that must be met before filing.
- What documents are already part of the official record.
- Whether it makes sense to file now or keep working inside the normal process.
Mandamus and APA Actions (Agency Delay / Failure to Act)
A mandamus and/or Administrative Procedure Act (APA) case may be an option when the government is taking too long or not acting at all.
These cases depend on the timeline, the type of benefit you are seeking, and limits on what the court can review.
These cases depend on the timeline, the type of benefit you are seeking, and limits on what the court can review.
When a delay case may be considered
- USCIS or another agency has not taken action for a long time.
- You have tried normal steps to move the case forward.
- It is clear what action you are asking the agency to take.
What the court can (and cannot) do
- In some cases, order the government to take action within a set time.
- Decide whether the court has jurisdiction and whether the duty to act is enforceable.
- Not every issue can be reviewed—some decisions are left to the agency by law.
Documents that often matter
Receipts, interview notices, Requests for Evidence (RFEs), online case history, service requests, congressional inquiries,
and a clear timeline of what the agency has done (or not done).
and a clear timeline of what the agency has done (or not done).
Habeas Actions (Detention-Related)
Habeas corpus is a type of federal court case that may be available in some detention situations.
It can be used to challenge unlawful custody or ask a court to review whether detention is legal.
It can be used to challenge unlawful custody or ask a court to review whether detention is legal.
Common issues in detention cases
- Whether detention is allowed under the law for the person’s situation.
- Due process concerns tied to the length or conditions of detention.
- Whether a district court can review the issue based on the posture of the case.
Time can matter
Detention-related cases can move quickly. If a family member is detained or you have urgent concerns,
it may help to speak with counsel sooner rather than later.
it may help to speak with counsel sooner rather than later.
Litigation Experience and Representative Matters
For a list of selected federal cases and basic verification guidance, visit our litigation experience page.
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