Immigration Cases
in The Federal Courts

Each year, thousands of immigration-related cases are decided in the Federal Courts. In the deportation context, cases decided by Immigration Judges can be appealed to the Board of Immigration Appeals and from there, nondiscretionary matters may be appealed to the appropriate U.S. Court of Appeals.

When the government fails to make a decision regarding a petition, an application or a visa for an unreasonably long time, the petitioner or applicant can request that a Federal Judge issue a Writ of Mandamus compelling the agency to take action on the pending matter.

Over the past 30 years, our law firm has won a number of significant victories for our clients in Federal Courts across the United States.

We hope that this page helps you understand the workings of the Federal Courts.

“A few years ago I had the honor and pleasure of benefiting from the unparalleled experience, dedication, and professional services provided by Los Angeles based immigration attorney Carl Shusterman. His experience as a former INS prosecutor, his keen mind, and intimate knowledge of the law were the perfect combination to prevail in what was a rather complex immigration case…” (More client reviews…)

This page is divided into the following subtopics:

• Success Stories
• General Information
• PACER
• Federal Appellate Courts
• Practice Advisories From The American Immigration Council (AIC)

SUCCESS STORIES

• How to Force the USCIS to Approve Your Case (November 2007)
• Overcoming the FBI Name Check Backlog (September 2007)
• Mediation Prevails Over Litigation (April 2007)
• Immigration Delays: Why Wait When You Can Litigate? (February 2006)

GENERAL INFORMATION

• Immigration and the Supreme Court
• U.S. Courts: The Federal Judiciary
• Federal Judges Biographical Database

PACER

• Public Access to Court Electronic Records (PACER) – Login Page
• PACER Registration
• PACER FAQ

Federal Appellate Courts

• Map of the U.S. Courts of Appeals
• Federal Rules of Appellate Procedure

• U.S. Court of Appeals (1st Circuit) – Audio Files of Oral Arguments
• U.S. Court of Appeals (1st Circuit) – Recent Immigration Decisions (Findlaw)
• U.S. Court of Appeals (2nd Circuit) – Recent Immigration Decisions (Findlaw)
• U.S. Court of Appeals (3rd Circuit) – Recent Immigration Decisions (Findlaw)
• U.S. Court of Appeals (4th Circuit) – Recent Immigration Decisions (Findlaw)
• U.S. Court of Appeals (5th Circuit) – Recent Immigration Decisions (Findlaw)
• U.S. Court of Appeals (5th Circuit) – Audio Files of Oral Arguments
• U.S. Court of Appeals (6th Circuit) – Recent Immigration Decisions (Findlaw)
• U.S. Court of Appeals (7th Circuit) – Recent Immigration Decisions (Findlaw)
• U.S. Court of Appeals (7th Circuit) – Audio Files of Oral Arguments
• U.S. Court of Appeals (8th Circuit) – Recent Immigration Decisions (Findlaw)
• U.S. Court of Appeals (9th Circuit) – Recent Immigration Decisions (Findlaw)
• Ninth Circuit Immigration Outline – Revised January 2011
• U.S. Court of Appeals (9th Circuit) – Audio Files of Oral Arguments
• U.S. Court of Appeals (9th Circuit) – Videos of Oral Arguments
• New 9th Circuit and BIA Immigration Cases
• U.S. Court of Appeals (10th Circuit) – Recent Immigration Decisions (Findlaw)
• U.S. Court of Appeals (11th Circuit) – Recent Immigration Decisions (Findlaw)
• U.S. Court of Appeals (DC Circuit) – Recent Immigration Decisions (Findlaw)

Practice Advisories From The American Immigration Council (AIC)

• Mandamus Jurisdiction over Delayed Applications: Responding to the Government’s Motion to Dismiss (4-8-08)
• Immigration Lawsuits and the APA: The Basics of a District Court Action (5-9-07)
• Return to the United States after Prevailing on a Petition for Review (1-17-07)
• How to File a Petition for Review (10-25-06)
• Whom to Sue and Whom to Serve (4-07-06)
• Equal Access to Justice Act (EAJA) Fee Application (4-7-06)
• Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review (4-5-06)
• Mandamus Actions: Avoiding Dismissal and Proving the Case (8-15-05)
• Judicial Review Provisions of The REAL ID Act (6-7-05)
• Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court (4-20-05)
• How To File A Petition For Rehearing, Rehearing En Banc And Hearing En Banc In An Immigration Case (10-27-04)
• The Impact of the Supreme Court’s Decision in Rumsfeld v. Padilla on Immigration Habeas Petitions (6-30-04)