Appeals (BIA) and Federal Litigation in Immigration Cases
When an immigration case is unfairly denied, subject to excessive delays, or involves unlawful detention, advanced legal remedies may make a critical difference. At De Maio Immigration Law, we handle complex appeals before the Board of Immigration Appeals (BIA) and federal litigation before U.S. District Courts.
We represent clients in Florida and nationwide, with experience in mandamus actions, habeas corpus petitions, and judicial review of immigration decisions.
Appeals Before the Board of Immigration Appeals (BIA)
The Board of Immigration Appeals (BIA) is the highest administrative body that reviews decisions issued by Immigration Judges and certain determinations made by USCIS.
An appeal before the BIA may be appropriate when:
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An Immigration Judge committed a legal error
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The decision failed to properly apply the law or binding precedent
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Key evidence was overlooked or improperly weighed
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There were violations of due process
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Our services include:
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A detailed review of the record and case file
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Identification of legal and constitutional errors
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Drafting well-founded, persuasive legal briefs
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Presentation of legal arguments before the BIA
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Motions to reconsider or reopen cases, when appropriate
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BIA appeals are highly technical and rely on precise legal arguments—not new evidence.
Federal Litigation in Immigration Cases
When immigration agencies fail to comply with the law, federal courts can step in. Our firm represents clients before U.S. District Courts in actions against the United States government.
Federal Mandamus Lawsuit for USCIS Delays
A mandamus lawsuit is a federal legal action used to compel a government agency, such as USCIS, to take action when a case has been subject to an unreasonable delay.
Mandamus may be appropriate in situations such as:
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Adjustment of status applications pending for years
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Immigration waivers (Forms I-601 / I-601A) with no decision
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Delayed naturalization cases
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Approved cases with no final action
Our firm:
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Evaluates whether the delay meets the legal standard
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Prepares and files the federal lawsuit
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Represents the client before the U.S. Department of Justice
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Seeks an efficient resolution of the case
A mandamus action does not guarantee approval, but it does require the government to issue a decision in accordance with the law.
Federal Habeas Corpus (Immigration Detention)
Habeas corpus is a constitutional remedy used to challenge unlawful or prolonged immigration detention.
It may be applicable when:
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A person remains detained without a bond hearing
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Detention is prolonged without legal justification
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There are violations of constitutional rights
We offer:
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Immediate eligibility analysis for habeas relief
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Filing of the petition before Federal Court
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Emergency requests for release
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Coordination with parallel proceedings in Immigration Court
Complex and High-Level Cases
We have experience handling litigation involving:
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Final orders of removal
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Prolonged detention by ICE
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Cases with criminal histories
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Jurisdictional conflicts between agencies
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Serious errors by USCIS or EOIR
These matters require advanced legal strategy and a high level of technical precision.
Why Choose De Maio Immigration Law?
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Proven experience handling appeals before the BIA
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Federal litigation in mandamus actions and habeas corpus petitions
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Representation before U.S. Federal Courts
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Strategic and honest viability assessments
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Direct, attorney-led representation
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Fully bilingual team (Spanish / English)
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Nationwide representation
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Office located in Coral Gables, Florida
Call us at (786) 232-9120 or contact us via WhatsApp at (786) 440-1670.