Immigration Federal Litigation

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. If your case is denied by an Immigration Judge, you can appeal with the BIA and must be filed typically 30 days from the date that Immigration Judge made their decision.

The BIA reviews appeals from the immigration judge decision .If the BIA denies an appeal, the case can be appealed to a federal court.

A petition for review is filed with the federal circuit court of appeals to obtain a federal review on the Board of Immigration Appeals decision made.

It’s important to note that litigation in federal court is more complex and different from litigation in Immigration Courts. At Rocha Moody Moody Law Firm we are prepared to navigate you and assist clients every step of the way.

Our law firm can assist and represent you with filing a Writ of Mandamus or Administrative Procedure Act (APA) before Federal Court against USCIS to compel them to act. Whether you're experiencing unreasonable delays in your application processing or challenging a USCIS decision as arbitrary or unjust, our experienced attorneys are equipped to navigate these complex legal pathways to seek timely and fair resolutions.

If an individual was denied immigration benefits, the applicant can file a motion to reconsider or reopen with the Office of United States Citizenship and Immigration Services (USCIS).A Motion to Reconsider is used to contest a USCIS decision based on alleged incorrect application of law or policy, requiring new or additional legal arguments.

While a Motion to Reopen, on the other hand, is filed to present new facts or evidence not previously available, necessitating a reevaluation of the case.

Contact us today to help you guide you through this complex process and safeguard your immigration goals.