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Amaral Law
Federal Litigation

Federal Litigation

When immigration decisions are wrong, we fight back in federal court. Our attorneys have extensive experience with appellate and federal litigation.

Federal Litigation Overview

Federal litigation in immigration cases involves appealing unfavorable decisions to federal courts, including the Board of Immigration Appeals (BIA), Circuit Courts, and the Supreme Court. These appeals require sophisticated legal arguments and extensive briefing.

Why Federal Litigation Matters

Many immigration decisions can be appealed. Federal courts can overturn immigration judge decisions and USCIS denials. Without experienced appellate counsel, many people accept unfair decisions without exploring their options.

Federal Litigation

Types of Appeals

BIA Appeals

Appeal to the Board of Immigration Appeals from immigration court decisions

Circuit Court Appeals

Appeal to federal Circuit Court from BIA decisions

Habeas Corpus Petitions

Challenge detention or removal orders through federal habeas corpus

Administrative Appeals

Appeal USCIS denials of visa petitions and other applications

Common Grounds for Appeal

Legal Error

Immigration judge or USCIS applied law incorrectly

Factual Error

Immigration judge made findings not supported by evidence

Procedural Error

Violation of due process or immigration procedures

New Evidence

Significant new evidence discovered after the decision

Constitutional Issues

Violation of constitutional rights

Policy Arguments

Arguments that decision conflicts with immigration policy

The Federal Litigation Process

1

Case Review

Analyze the decision and identify potential grounds for appeal

2

Notice of Appeal

File notice of appeal within required timeframe

3

Briefing

Prepare detailed legal briefs arguing grounds for appeal

4

Oral Arguments

Present arguments to judges (if applicable)

5

Decision

Court issues decision affirming, reversing, or remanding the case

Why Choose Amaral Law for Federal Litigation?

Extensive experience with BIA and federal court appeals

Skilled legal writing and appellate advocacy

Deep knowledge of immigration law and precedent

Strategic case analysis and appeal planning

Track record of successful federal court outcomes

Persistent advocacy for clients' rights

Received an Unfavorable Decision?

If you've received an unfavorable immigration decision, don't give up. Contact us to explore your appellate options.