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Federal Litigation

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Baltimore Federal Litigation

Ken C. Gauvey is a member of the federal bar in the United States District Courts for the Districts of Maryland, D.C. and Northern District of Illinois. He is also a member of the United States Court of Appeals for the Fourth Circuit. The Law Practice of Ken C. Gauvey has extensive experience in the federal courts in challenging decisions of administrative agencies. Whether appealing a decision from the Board of Immigration Appeals, the Board of Alien Labor Certification Appeals, or the Administrative Appeals Office, we can take your case to the next level.

Why would one need to Litigate an Immigration Issue in Federal Court?

In some situations it can be difficult or impossible to obtain a ruling that is fair and just at the administrative level. In some instances the rules and regulations may be misinterpreted. In any case, when an applicant exhausts his or her administrative appeal options, they may choose to appeal to a federal court. The federal court can issue a writ of mandamus to compel the agency to take action on pending matters. Immigrations appeals in federal court can include:

  • Challenging a non-discretionary removal order – In certain limited circumstances, one may challenge a removal order in federal court. One’s appeal may address factual mistakes, legal mistakes and other deficiencies that may have occurred during the administrative process. Generally speaking, you only have 30 days from the decision by the Board of Immigration Appeals to file your federal lawsuit.
  • Challenge an unlawful detention – More and more hard-working individuals are being swept-up and taken into custody by ICE. While ICE does have the legal authority to hold those who are not authorized to be in the country, it cannot detain U.S. citizens or aliens who are not inadmissible or removable. We can challenge mistakes made by ICE.
  • Challenge an unreasonable delay – The USCIS administers and oversees the adjustment of status and naturalization processes. However due to the backlog, administrative error, or other reasons some applications may not receive a decision in a timely manner. If you have been waiting for an unreasonably long period of time, a federal lawsuit may be an option.
  • Challenge a denial for naturalization – If your naturalization or adjustment of status application is denial is arbitrary or if the law has been misapplied, you may appeal this decision.  An attorney who is experienced in the federal appeals process can be essential to successfully pursuing a claim.

In general, appealing to a federal court will remove the application from the administrative agency’s process for the appeal. At this point, the applicant’s struggle can be described directly to a federal judge. If the administrative agency is unmoved by the application’s plight, Constitutional claims, or a particularly harsh application of the rules a federal court can provide a neutral ground for an astute federal judge to render a decision on the merits.

How do we Handle Federal Litigation in Immigration Matters?

In federal litigation, we are aggressive in pursuit of federal relief. Whether the case involves instances of arbitrary conduct by USCIS or the DOL or a blatant misapplication of the law and regulations, we bring years of federal litigation experience to immigration matters. Moreover, under various laws including the Administrative Procedures Act and FOIA, we can often seek to recoup your attorneys’ fees from the Federal Administrative agency involved.

Put my federal experience to work on your immigration issue

If you have exhausted your administrative options or are simply looking for an experienced and strategic approach to immigration law, The Law Practice of Ken C. Gauvey may be able to represent you. To schedule a legal consultation call (443) 692-7685 or contact us online today.

Gauvey Law

6700 Alexander Bell Drive, Suite 200
Columbia, MD 21046