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Federal Litigation

Protecting Your Rights When Agencies Get It Wrong

Sometimes immigration agencies deny cases unfairly, delay decisions for years, or detain individuals unlawfully. In these situations, federal court litigation may be the only way to protect your rights and move your case forward. Unlike administrative appeals, federal litigation allows you to take your fight directly to U.S. District Court. At aiLegal, we represent individuals in high-stakes litigation—challenging unlawful actions, forcing decisions, and holding the government accountable.

What You Will Get with Us

  1. Case Review & Strategy
    We evaluate your immigration history, prior filings, and government actions to determine the best litigation approach.

  2. Writ of Mandamus (Delay Cases)
    We file lawsuits to compel USCIS, the State Department, or other agencies to act on long-delayed applications (green cards, naturalization, asylum, waivers, etc.).

  3. APA Challenges (Unlawful Denials)
    We challenge immigration denials in federal court under the Administrative Procedure Act (APA) when the government acts arbitrarily or outside the law.

  4. Habeas Corpus Petitions (Detention Cases)
    We file habeas petitions to challenge unlawful ICE detention and secure release for individuals held without proper cause.

  5. Naturalization & Citizenship Lawsuits
    We represent clients whose naturalization cases have been wrongfully denied or delayed beyond statutory deadlines.

  6. Appeals & Judicial Review
    We guide individuals through appeals to higher courts when immigration agencies or lower courts make legal errors.

  7. Personalized Support
    Our team provides ongoing updates, plain-language explanations, and compassionate support throughout the litigation process.

(Federal litigation involves court pleadings rather than USCIS forms. Common filings include:)

  • Complaint (to initiate lawsuit in U.S. District Court)

  • Petition for Writ of Mandamus

  • Petition for Writ of Habeas Corpus

  • Motion for Summary Judgment

  • Notice of Appeal (to U.S. Court of Appeals)


Let’s Make a Plan Together 

Frequently Asked Questions


When should I consider federal litigation for my case?

If your application is stuck for years, your petition is denied unfairly, or you’re being detained unlawfully, litigation may be appropriate.

What’s the difference between appealing to the BIA and going to federal court?

BIA appeals are administrative. Federal litigation is judicial—giving you the chance to argue your case before a U.S. judge.

Will suing the government hurt my immigration case?

No. Federal courts exist to ensure fairness and accountability. Many cases are resolved positively once litigation is filed.

How long does litigation take?

Some cases (like mandamus) resolve in months. Others, especially appeals, can take a year or longer.

Can I stay in the U.S. while my case is in federal court?

In most situations, yes—you generally remain while your case is pending.

Do I need to live near the court where my case is filed?

Not necessarily. Cases may be filed where you live, where the agency is located, or in Washington, D.C., depending on the issue.


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