Challenging Naturalization Denials in Federal Court (Video)

The challenge to a denied naturalization application (N-400) is decided on a very different standard from other cases where immigration denials are contested. While most non-consular immigration denial lawsuits need to attack the decision making process and the legal footing that lead to the denial and convince a federal judge that the denial was arbitrary […]

Strategies to Supplement the Administrative Record for Immigration Related APA/Mandamus Lawsuits

[Also available on LinkedIn.] Immigration lawsuits filed under the Administrative Procedures Act (APA) – to challenge processing delays or USCIS denials – usually don’t involve discovery. That is because judicial review of such claims are typically limited to the facts in the administrative record already in existence. Court will generally not allow new facts to be added. As […]

A Powerful Tool For Stalled Naturalization Applications (Video)

Applications for naturalization (on Form N-400) can suffer from the same delays that other immigration applications endure. But for N-400 applicants who finished their interview, Section 336(b) of the Immigration and National Act, 8 USC § 1447(b), provides for a very specific (and powerful) cure. According to the statute: If there is a failure to […]

Challenging Naturalization Denials in Federal Court

[Also available on LinkedIn.] The challenge to a denied naturalization application (N-400) is decided on a very different standard from other cases where immigration denials are contested. While most non-consular immigration denial lawsuits need to attack the decision making process and legal footing that lead to the denial and convince a federal judge that the denial […]