Federal Court

If you did not get favorable results with your immigration case, you might be able to seek review in federal court. Filing a lawsuit in federal court may be incredibly complex, but it opens up several potential options for continuing your immigration case.

When Can I Bring My Case to Federal Court?

The federal court system consists of three main levels:

1. District courts (also known as the trial courts)
2. Circuit courts (the first level of appeal)
3. The Supreme Court of the United States (the last level of appeal)

The country has a single Supreme Court, 13 circuit courts, and 94 district courts. Therefore, when attempting a lawsuit in federal court, you typically, but not always, begin with the district courts.

U.S. District Courts

The U.S. District Courts are the general trial courts of the federal court system. They handle trials within the federal court system for civil and criminal cases. When applying for immigration benefits, you’ll likely seek one of two specific judgments they handle: declaratory judgment and mandamus.

Declaratory Judgment

A declaratory judgment is a ruling on a specific legal question. It resolves uncertainty and brings clarity to a previously unsettled situation.

There may be confusion or disagreement between you and the immigration agency during a case. You could then seek a declaratory judgment in federal court, which states that you’re entitled to a particular immigration benefit. If the ruling is in your favor, that benefit may be approved by the immigration agency.

Keep in mind that seeking a declaratory judgment in federal court should never be your first course of action. You should always attempt to resolve the issue with the immigration agency through the motions and/or appeals. You should only seek a declaratory judgment if those attempts fail.

Mandamus

A mandamus is an order issued by a district court that requires an immigration agency to take a particular action. The word “mandamus” is similar to the word “mandate,” which means “instruction” or “command.” 

Within the context of immigration cases, a mandamus action is most often used to compel an agency to decide on a pending immigration application. This happens when the application has already been unreasonably delayed. 

The federal judge will not specifically order an immigration agency to approve a case. Instead, they’ll order the immigration agency to make a decision. It’ll end your waiting, but unless your legal theory is correct and you’re indeed eligible for the requested immigration benefit, it won’t guarantee the approval of your case.

U.S. Circuit Courts

The U.S. Circuit Courts are the first level of appeal in the federal court system. If you made an appeal to the Board of Immigration Appeals (BIA) and still received an unfavorable decision, you can file a petition for review at a circuit court. The circuit courts have the power to review the BIA’s decision to: 

• Issue a final removal order (including the denial of any application for relief)
• Deny a motion to reconsider or reopen. 

While performing its review, the circuit court will go over constitutional claims and questions of law. This includes verifying how the law was applied to the undisputed facts of your case.

Supreme Court of the United States

The Supreme Court is the highest court of the American judicial system. If a circuit court issues an unfavorable decision, your next — and final — resort is the Supreme Court. 

A case is initiated here by filing a petition for a writ of certiorari. If the Supreme Court grants your petition, they will issue a writ of certiorari to the court that decided your case. The lower court then sends your case record to the Supreme Court.

It’s important to remember that the Supreme Court only hears a limited number of cases each year, somewhere between 100 to 150 out of 7,000. Typically, these cases:

• Are of national significance
• Could have precedential value (i.e., set the standard for future cases)
• Could harmonize conflicting decisions in the lower courts

Over the years, many important immigration decisions have been issued by the Supreme Court.

Next Steps

Filing a lawsuit in federal court is an incredibly complex process. You must be aware of the options available to you at every stage of your case. If you want to successfully fight unfavorable decisions in your immigration case, it’s best to work with a skilled immigration lawyer.

At Reeves Immigration Law Group, we have experience helping clients navigate the appeal process and we can maximize their chances of approval. Feel free to contact us for a consultation about your case today.