Federal Litigation

When immigration court or USCIS procedures break down, federal courts provide a critical avenue for review.
Sharp Immigration Defense Group handles complex litigation that many firms refer out, including:

Circuit Court Appeals
Habeas Corpus Petitions
Mandamus Actions

Led by former Assistant Chief Immigration Judge Noelle Sharp, our firm brings deep insight into procedural safeguards, due process, evidentiary standards, and the legal errors that can occur at the agency level.

We combine rigorous research, strategic briefing, and clear argumentation to protect your rights and pursue justice.

Why Choose Us for Federal Litigation?

Judge-level insight

We understand how Immigration Judges analyze credibility, evidence, and procedure — and how to demonstrate error before the BIA and federal courts.

Strategic, research-driven approach

Federal litigation relies on precision. Every argument is thoroughly researched and supported.

Clear communication

We explain complex issues in understandable terms, keeping clients informed and empowered.

Trusted by other law firms

Many immigration attorneys rely on us for complex appeals and litigation support.

Circuit Court Appeals

If the Board of Immigration Appeals (BIA) denies your case, you may seek review in the appropriate U.S. Court of Appeals.
A petition for review is appropriate when:
The immigration judge or BIA made a legal error
Evidence was improperly evaluated
Due process was violated
The wrong legal standard was applied
Critical testimony or evidence was overlooked
A Motion to Reopen or Reconsider was improperly denied
Our appellate services include:
Filing the Petition for Review
Motion for Stay of Removal (when needed)
Reviewing the administrative record
Preparing a comprehensive appellate brief
Strategic issue selection (crucial for success)
Oral argument preparation (if the court schedules it)
Appeals require precision, analysis, and deep familiarity with circuit law. We bring all three.
Habeas Corpus Petitions (Federal District Court)

A habeas corpus petition asks a federal judge to review and remedy unlawful immigration detention.
A habeas petition may be appropriate if:
ICE refuses to grant or schedule a bond hearing
A person is subjected to prolonged detention
Detention continues despite changed circumstances
DHS or EOIR applies the wrong legal standard
The person is detained under § 1226(c) incorrectly
The government fails to provide due process
We prepare:
Habeas petitions with detailed legal arguments
Accompanying evidentiary packets
Emergency stay requests
Federal court responses and replies
We focus on constitutional due process issues, statutory interpretation, and the risk of erroneous deprivation — areas where judicial insight is invaluable.
Mandamus Actions For Delayed USCIS Cases & Government Inaction

A mandamus action asks a federal court to compel a government agency (usually USCIS) to act when it has failed to:
Issue a decision
Schedule an interview
Process a case within a reasonable time
Respond to an application that has been pending for years
Complete biometrics or background checks
We file mandamus complaints for:
I-485s stuck in “pending” for long periods
I-130s and I-129Fs delayed beyond normal timeframes
U Visas or T Visas that have exceeded statutory expectations
Naturalization delays
Employment authorization delays
Any USCIS case unreasonably stalled
Mandamus does not force approval — only action.
But it is often the fastest path to breaking prolonged bureaucratic silence.