Immigration Federal Appeals Court

The Federal Appeals Court is a crucial avenue for those seeking to challenge immigration decisions made at lower levels. When you believe that justice hasn’t been served, the federal appeals court offers a chance for your case to be re-evaluated. With the complexities involved, expert guidance is vital. If you’re considering an appeal, consult with immigration attorney Farah Al-khersan to ensure your case is presented effectively.

Understanding the Federal Appeals Court

When & Why to Appeal?

Appeals to the Federal Court arise when individuals or their legal representatives believe that errors, either procedural or in the interpretation of the law, occurred in the initial decision. Whether it’s a ruling from the Board of Immigration Appeals (BIA) or another immigration entity, the Federal Appeals Court ensures that every case is justly assessed.

The Appeals Process

Starting with filing a notice of appeal, the process demands meticulous preparation of a legal brief detailing the case’s merits. Given the intricate nature of federal appeals, understanding legal precedents and procedural nuances is paramount. After submission, the court reviews the case, leading to a decision that can affirm or overturn the original ruling.

Al-khersan Law’s Expertise in Federal Appeals

With a track record that boasts cases handled at the Board of Immigration Appeals, Federal District Court, the U.S. Court of Appeals for the Sixth Circuit, Farah Al-khersan’s expertise in federal appeals is undeniable.

Farah handles the following types of cases in federal courts:

Appeals of BIA cases to the U.S. Courts of Appeals

Petitions to the Supreme Court of the United States

Federal court claims concerning I-130 Petition denials

Habeas Corpus petitions in federal district courts challenging unlawful detention

Mandamus actions in federal district courts advocating for action on pending applications

Farah’s dedication goes beyond just understanding the law; it’s about championing her clients’ rights and ensuring that every legal avenue is explored for their benefit.

Proven Track Record

Immigration Federal Appeals Court Testimonials

Farah was my relative lawyer for a deportation immigration case. I feel confident to say Farah is very knowledgeable on what she does. She is very passionate with her work and goes beyond to understand her clients situation and case. She really takes her time to listen, research, investigate on her client case. Every little detail was important for her. She has great communication skills. She values family, honesty, trustworthy and hardworking people. That’s what you call an amazing and outstanding Lawyer I definitely highly recommend Farah. I also want to acknowledge and thank her incredible staff members at her office.

Moufditi L.

Farah has been straight forward and very loyal to my family’s case. I hired Farah Al-Khersan for my husband’s immigration case and she jumped on his Casey within the next day she was visiting him in the immigration detention center, within 3 weeks my husband was released. Farah has been straight forward and very loyal to my family’s case. I would 100% recommended her law services to anyone who has any immigration issues! She’s very sincere and so is Gely the receptionist at the office.

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Frequently Asked  Questions (FAQs)

Habeas corpus is a Latin term that translates to “you shall have the body.” This refers to the overarching legal principle that protects non-citizens (like immigrants, refugees, or asylum seekers) from unlawful or arbitrary detention by immigration authorities. It ensures that individuals, regardless of their immigration status, cannot be held indefinitely without a valid reason or without being given an opportunity to challenge the legality of their detention.

A “writ of habeas corpus” is a formal written order demanding that a detained individual be presented before a court to challenge the legality of their detention. By filing this writ, the detained person (or their representative) seeks to have immigration authorities justify the detention before a federal court. This remedy is especially relevant for immigrants who believe they’re held without valid reason, for an undue length of time, or in violation of their rights, such as those seeking asylum based on a credible fear of persecution in their home country.

Mandamus, derived from Latin meaning “we command,” is a legal remedy in the form of a court order that directs a government agency, official, or public authority to perform a duty they are legally obligated to complete. Essentially, it’s used to compel an entity or official to take action when they have failed to do so, despite having a clear duty. It doesn’t dictate the outcome of the duty but ensures the action is taken. In the context of immigration, for example, mandamus can be used to address undue delays by compelling an agency like USCIS to make a decision on a pending case. Given its powerful nature, pursuing a mandamus action should be done with careful consideration and legal guidance.

A writ of mandamus is a formal court order directing a government agency, official, or another public entity to perform a specific duty they are legally obligated to carry out but have failed or refused to do. Essentially, it’s a legal tool used to compel action when there’s a clear duty to act but no discretion about the outcome. For instance, if a government agency is delaying a decision without justification, a writ of mandamus can be sought to force a timely resolution. However, while it mandates action, it doesn’t prescribe the decision’s nature. Given its significance, seeking a writ of mandamus requires careful consideration and is best navigated with the help of an expert mandamus attorney Farah Al-khersan.