Federal Immigration Litigation
Federal Immigration Litigation Attorney in Miami - Mandamus and Habeas Corpus
When USCIS won't decide your case and ICE won’t release your family member, the immigration agencies are no longer the solution — a federal judge is. De Maio Law files mandamus and habeas corpus lawsuits in the U.S. District Court for the Southern District of Florida from our office in Coral Gables, representing clients across Miami-Dade, Broward, and the rest of South Florida.
Could your case require action in federal court?
Talk to our team to evaluate the legal options available in your case.
Office
(786) 232-9120
(786) 440-1672
Mandamus Lawsuits for USCIS Delays in Miami
A writ of mandamus is a federal lawsuit that asks a judge to order USCIS, the Department of State, or another agency to do the job it has been refusing to do: make a decision. It does not ask the court to approve your case — it asks the court to end the wait. Combined with a claim under the Administrative Procedure Act (APA) for “unreasonably delayed” agency action, it is often an effective tool for a case that has been stuck for months or years with no explanation.
Most agencies respond quickly once served. In our experience, many delayed cases are adjudicated within weeks of filing — often before the government even files an answer — because the U.S. Attorney’s Office would rather have the agency decide the case than defend the delay in front of a judge.
Delays We Challenge Through Mandamus for
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I-485 adjustment of status delays — green card applications pending past normal processing times, including Cuban Adjustment Act cases
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N-400 naturalization delays — citizenship interviews or decisions held up for “background checks” or “additional review”
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I-130 family petition delays — spouses, parents, and children waiting years for approval
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Asylum interview and decision delays — affirmative asylum cases stuck in the Miami Asylum Office backlog
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I-765 work permit (EAD) and I-131 travel document delays
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Consular processing delays — visas stuck in “administrative processing” under 221(g)
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FOIA delays — when you need your immigration file and the agency won’t produce it
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I-601A, I-751, I-90, and other stalled applications
How a Mandamus case works
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Case review — we confirm the delay is beyond normal processing times, that you have made inquiries, and that no legal reason justifies the wait.
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Complaint filed in federal court — usually in the Southern District of Florida, naming USCIS, DHS, and the responsible officials under 28 U.S.C. § 1361 and 5 U.S.C. § 706(1).
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Service on the government — the U.S. Attorney has 60 days to respond.
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Resolution — in most cases the agency schedules the interview or issues the decision during that window. If it does not, we litigate for a court order compelling action.
Habeas Corpus for ICE Detention in South Florida
A petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenges the legality of your detention itself. When ICE is holding someone at Krome, Broward Transitional Center, Glades, or another facility, and the immigration judge has denied bond or claims to have no authority to set one, habeas corpus moves the fight to federal district court — where the government must justify the detention to a federal judge.
De Maio Law files habeas petitions for detained immigrants throughout South Florida and also in the Southern District of Texas, where many Florida detainees are transferred.
When Does Habeas Corpus Apply?
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Prolonged detention — detained for many months without a bond hearing or meaninful review
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Detention after a final order — ICE cannot carry out removal within a reasonable time but continues to detain you or your loved one
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Mandatory detention disputes — ICE classifies you as ineligible for bond and you disagree
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Denial of bond or “no jurisdiction” — the immigration judge refused to consider bond
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Redetention — you were living in the community under supervision, ICE check-ins, or an I-220A, and ICE detained you again
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Transfers and lack of access — you or your loved one was transferred far from family and counsel without justification
What can a Habeas Corpus Petition achieve?
The court may order your release, order a bond hearing before an immigration judge, including where applicable with the burden of proof placed on the government, or impose conditions of release. When transfer or removal is imminent, we may also seek a temporary restraining order (TRO) to preserve the status quo while the court considers the case.
Federal Court Experience in Immigration Cases
De Maio Law takes immigration representation beyond the agency level when a case requires intervention in federal court. Founding attorney Viktor A. De Maio, Esq. is a member of The Florida Bar and practices before the U.S. District Courts for the Southern District of Florida and the Southern District of Texas, with experience in cases before the U.S. Court of Appeals for the Fifth Circuit.
The firm handles mandamus actions, claims under the Administrative Procedure Act (APA), and habeas corpus petitions, together with removal defense, appeals before the Board of Immigration Appeals (BIA), and asylum matters. This approach allows the federal litigation strategy to be coordinated with other immigration proceedings that may be related to the case.
Why clients in Miami choose De Maio Law for Federal Litigation
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Boutique firm focused on immigration and federal litigation — not a high-volume practice
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Direct involvement of the attorney in each federal filing
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Service in Spanish, English and Italian
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Office in Coral Gables, minutes from the Wilkie D. Ferguson, Jr. U.S. Courthouse
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Families of detained clients keptinformed every step of the way
What Our Clients say
Learn about the experiences of clients represented by De Maio Law in federal litigation, including mandamus actions and detention cases.
*****
“I highly recommend attorney De Maio and his entire team. Their professionalism and experience made it possible for my husband to be released from detention on bond and for our family to be reunited.”
Jackeline Roman
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*****
“We received professional, attentive, and humane treatment throughout the process. They were always available to answer our questions and provide us with peace of mind and confidence. Thanks to their experience, commitment, and dedication, we achieved a very favorable result.”
Yasmani Ricardo Ramirez
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Frequently Asked Questions - Mandamus and Habeas Corpus
How long does a Mandamus lawsuit take?
The government has 60 days to respond after service. In most cases, USCIS acts on the underlying application within that timeframe. Disputed cases take longer, but they remain far faster than continuing to wait on the agency.
Will suing USCIS hurt my case?
Filing a federal lawsuit does not change the legal standards USCIS must apply to your case. When appropriate, federal law allows applicants to seek court intervention when required agency action has been unlawfully withheld or unreasonably delayed. The lawsuit generally seeks to compel USCIS to act—not to require a particular outcome.
How long must my case be delayed before I can file?
There is no fixed waiting period. Courts consider whether the delay is unreasonable based on the circumstances of the case, including the type of application, how long it has been pending, applicable processing times, and the reasons for the delay. Some cases may warrant federal court review sooner than others, so the length of the delay is only one part of the analysis.
Can a Habeas Corpus order get my relative out of Krome?
It can. A habeas petition challenges the legality of continued immigration detention in federal court. Depending on the circumstances, a federal judge can order release, require a bond hearing, or grant other appropriate relief. The available remedy depends on the legal basis for ICE detention, how long the person has been detained, and the procedural history of the case. Because detention cases can be time-sensitive, we begin with a same-week review of the detention record to identify the appropriate federal court strategy.
Do you handle habeas corpus cases outside of Florida?
Yes. Our habeas practice extends beyond Florida. Because ICE may transfer detainees from Florida to facilities in Texas, Louisiana, or other states, we are prepared to respond when a transfer changes where federal court relief must be pursued. The firm practices in the Southern District of Texas and coordinates with local counsel in other jurisdictions when necessary.
What does Federal Litigation cost?
Mandamus cases are typically handled on a flat-fee basis, providing clients with clarity about legal fees from the outset. Habeas fees depend on the urgency and complexity of the detention case. We explain the applicable fee during the consultation. In qualifying cases, we may also seek recovery of attorney’s fees under the Equal Access to Justice Act (EAJA) when the legal requirements for a fee award are met.
Consult a Miami Federal Immigration Litigation Attorney Today
If your USCIS case has stalled or a loved one is in ICE custody, it may be time to explore whether federal court action is an option. Contact De Maio Law for a case evaluation.
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301 Almeria Ave, Suite 330, Coral Gables, FL 33134
Oficina (786) 232-9120
WhatsApp (786) 440-1672
DE MAIO LAW PLLC
We represent clients in federal immigration litigation matters in Miami, Coral Gables, Hialeah, Doral, Kendall, Homestead, Fort Lauderdale, and throughout South Florida.