Writs of Mandamus & Habeas Corpus
Certain remedies may be pursued in federal district court requesting review of agency decisions. The following is a simplified, non-exclusive list of court remedies that are generally available to individuals who have been adversely affected by a certain action (or inaction) from a government agency:
- Writs of Mandamus: A request to a federal court to issue an order to a government officer to perform a mandatory duty on the case. This remedy is commonly sought when the immigration agency has delayed in making a decision on an application.
- Habeas Corpus: A legal action challenging the unlawful detention of a person.
- Request for Declaratory Relief: A complaint that asks the court to declare a certain agency decision unconstitutional or unlawful.
- Injunction Relief: Asks the court to enjoin or restrain the agency from committing a certain act that would harm the person’s case.
The passage of recent immigration laws has restricted federal judicial review over specific claims. Some remedies even require that the applicant exhaust their administrative remedies before seeking federal judicial review. Therefore, it is imperative to seek legal counsel to determine if your case qualifies for legal action in federal court and evaluate which remedy best suits your case.
For more information or to book an appointment, give us a call at 214-251-8011 (Dallas, TX) or 817-332-1100 (Fort Worth, TX) to see how we can help you. You can also schedule your appointment online here.