Federal Litigation

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Houston Federal Litigation Lawyer

Many immigration cases never reach a federal courtroom. They move through USCIS, the National Visa Center, a U.S. consulate, or immigration court, and the agency or judge eventually makes a decision. Sometimes, though, a case runs into problems that are best addressed through federal court. Federal litigation is generally not an initial step for resolving a case, but one that can be resorted to when other actions have failed to bring relief.

At the Law Office of Marron Gebremeskel PLLC, we understand the stress and worry that can come with any immigration case, much less one that is delayed or impacted by ICE detention. Our firm handles a wide range of immigration cases, including federal litigation, which we handle with the same depth of knowledge and hands-on attention that we believe every client’s case deserves.

Who We Serve

Federal litigation may become appropriate in certain situations. For instance, our firm may be able to help:

  • Applicants whose cases have been stuck for months or years. Your application has stayed pending long after you finished every required step, and you need to find a way to require the agency to make a decision.
  • Individuals and employers questioning an agency decision. USCIS, the Department of State, or another federal agency denied your application or petition, and you want to know whether a federal lawsuit could do something about it.
  • People being held in immigration detention. You or a loved one has been in ICE custody for a long time, has not received a meaningful bond or custody review, or may be held under the wrong detention law, and you want a judge to determine whether that continued detention is legal.

If you’re unsure whether this is the right step for you, an early review of your file is the best way to learn which federal litigation option, if any, makes sense.

What Federal Litigation Can Do in an Immigration Case

Federal litigation involves filing a lawsuit or petition in a U.S. federal court instead of asking the immigration agency or immigration court to reconsider. A federal judge does not take over the agency’s job of deciding who qualifies for a benefit. Instead, the court checks whether the government is acting within a reasonable time and following the law and the Constitution. In immigration cases, federal litigation is often used to move an application the agency has left pending or to review whether a person’s detention is lawful. Our firm’s practice includes those two tools.

Writs of Mandamus

A writ of mandamus asks a federal district court to order an agency, such as USCIS, to act on a case it has unreasonably delayed. It is often used when a green card, naturalization, asylum, or visa application has been pending far beyond normal processing times. Mandamus can require the agency to make a decision, but it cannot require or guarantee an approval.

Habeas Corpus Petitions

A habeas corpus petition asks a federal court to decide whether a person’s immigration detention is lawful. It may help when someone has been held for a long time without a meaningful bond hearing or is being detained under the wrong law. If the petition succeeds, the court may order release or a bond hearing.

Why Choose Our Firm for Federal Litigation?

Federal court work calls for more than simply preparing applications. Attorney Marron Gebremeskel’s work as a former Asylum Officer and Immigration Services Officer for USCIS gives her insight into why files stall and how officers decide them, guiding our strategies for filing writs of mandamus. Our firm has also successfully handled numerous habeas cases for individuals held in Texas immigration detention.

We offer straightforward guidance from the first conversation. If federal litigation is not the right fit, we will tell you and help you find an option that may fit better. Our legal team is prepared to find the best strategy for your case and support you through every phase of it.

Talk With Us About Your Federal Case

A stalled application or a loved one in detention can put your whole life on hold. Federal litigation will not fit every case, but when it does, a mandamus lawsuit or habeas petition can get a judge involved and push the government to act. At the Law Office of Marron Gebremeskel PLLC, our team can review your situation and tell you plainly whether federal court makes sense for you. Contact our office today to schedule a consultation.

FAQs About Federal Immigration Litigation

Will a mandamus lawsuit get my application approved?

Not necessarily. Mandamus can push an agency to decide on an application, but the agency still applies the same eligibility rules and may approve or deny the case accordingly.

When can I file a writ of mandamus?

No statute sets a single waiting period. Courts look at how far your case has fallen behind posted processing times and how the delay is harming you; documented follow-up also helps. Cases pending well beyond normal timelines are usually stronger.

Can suing USCIS cause problems for my case?

In general, no. A lawsuit does not change the legal standard the agency must apply.

How quickly do habeas cases move?

Habeas cases usually move faster than most federal lawsuits because unlawful custody is treated as urgent. Timing still depends on the court’s schedule and the government’s response, however.

Who can file a habeas petition for a detained individual?

An attorney usually files the petition on the detained person’s behalf. If that person cannot sign or communicate, a close relative may sometimes act as a “next friend” to bring the case.

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