Practice Areas​

Immigration law and the system can be an unexplored territory for individuals insisting on the right to remain in the USA. Whether it’s denaturalization, immigration through legal action, or opposing an inadequate Notice to Appear (NTA), it is crucial to have some orientation. This guide focuses on the key aspects of immigration litigation to empower you to protect your rights as a litigant.

Key Takeaways

• Immigration litigation encompasses not only defending against denaturalization but also includes lawsuits for naturalization.
• To gain expert confidence in immigration law, mastering specific legal terms and concepts is essential.
• Legal defenses are available to individuals facing denaturalization, and case studies demonstrate the effectiveness of these defenses.
• Eligibility requirements and potential barriers must be considered when pursuing naturalization lawsuits.
• Understanding recent case law and legal grounds for challenging deficient NTAs is crucial.

Understanding Immigration Litigation

The Basics of Immigration Law

Immigration law governs who is admitted, who remains, and who obtains citizenship in a country. It involves policies that affect people worldwide. Navigating the complexities of immigration litigation requires a solid understanding of these fundamentals.

Common Types of Immigration Litigation

1. Defensive Dispossession
2. Dismissed Visa Applications
3. Claims to Military or Dual Citizenship

Each type of litigation follows its own unique rules, similar to the Internal Revenue Code.

Key Legal Terms and Concepts

• Naturalization: The process of obtaining citizenship.
• Deportation: Expulsion of a non-citizen from the country.
• Asylum: Protection granted due to persecution in one’s home country.

Understanding these terms will help you navigate your issues effectively and communicate with your lawyer.

Denaturalization Reversal

Causes of Denaturalization

Denaturalization occurs when a person is stripped of U.S. citizenship due to fraud, criminal activity, or opposition to the U.S. government. Understanding these causes is essential to mount a strong defense.

Legal Defenses and Strategies

• Challenge the Evidence: Contest the authenticity of the evidence.
• Prove Good Moral Character: Demonstrate you have been a good citizen post-naturalization.
• Seek Legal Advice: Consult with an attorney experienced in immigration law.

Navigating Suits for Naturalization

Eligibility Criteria for Naturalization

Before filing a suit for naturalization, ensure that you meet the requirements:

• Lawful Permanent Resident
• Good moral character.
• Completion of English and civics tests (with exceptions for disabilities).

Filing a Lawsuit for Naturalization

If your naturalization application is rejected, you can file a lawsuit in federal court:

1. Review the Denial notice.
2. Gather Evidence to support your eligibility.
3. File the Lawsuit in federal district court.
4. Attend Hearings and make your case.

Challenging Deficient Notices to Appear (NTA)

Understanding Notices to Appear

An NTA is a formal document summoning an individual to immigration court. If details like the time, place, or date are missing, the NTA may be deficient.

Legal Grounds for Challenging NTAs

• Incorrect Details: Wrong or inaccurate information.
• Administrative Lapses: Inefficient execution of the NTA.

Understanding recent case law on NTAs, like Pereira v. Sessions (2018), will help challenge deficient notices effectively.

Post-Conviction Remedies in Immigration Court

Post-Conviction Relief (PCR)

Post-conviction relief allows non-citizens convicted of offenses to avoid deportation. Common forms include:

• Vacate Motions: Request to void a conviction.
• Sentence Reduction Motions: Reduce sentences to avoid deportation.
• Expungement: Clear a criminal record.

Filing Motions to Reopen or Reconsider

New evidence or legal errors may warrant filing a motion to reopen or motion to reconsider. Understanding which motion to file is key to your case’s success.

Withholding of Removal and CAT Protections

Eligibility for Withholding of Removal

To qualify, you must prove that persecution based on race, religion, nationality, social group, or political opinion would occur if you returned to your home country. However, this does not grant permanent residency or citizenship.

Convention Against Torture (CAT) Protections

CAT offers protections against torture by public officials in one’s home country. Unlike asylum, CAT doesn’t require a connection to the five protected grounds and provides either withholding or deferral of removal.

Conclusion

Immigration litigation can be daunting, but understanding your rights, legal options, and recent case law developments will equip you to navigate the process. Don’t give up—each step brings you closer to achieving U.S. citizenship.

Frequently Asked Questions

1. What does immigration litigation mean?
   Immigration litigation involves cases related to citizenship applications, removal, and visa issues, including appeals like denaturalization and naturalization lawsuits.
2. What are common types of immigration litigation?
   Common cases include citizenship applications, denaturalization appeals, NTA challenges, and post-conviction representation.
3. What is denaturalization?
   Denaturalization is the process of revoking U.S. citizenship due to fraud, criminal activity, or affiliation with prohibited groups.
4. How can I avoid denaturalization?
   You can protect yourself by providing counter-evidence, proving good moral character, and ensuring all legal requisites for citizenship are met.
5. What is a Notice to Appear (NTA)?
   An NTA is a document related to removal proceedings issued by immigration authorities. It includes details of the time, place, and type of court action.
6. What is post-conviction relief in immigration court?
   Post-conviction relief seeks to mitigate the impact of a criminal conviction on one’s immigration status. This can include filing motions to reopen or reconsider a case.