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Federal Court and Appeals

Experienced Federal Immigration Attorneys Fighting for Your Rights.

  • Decades of federal litigation experience: Our attorneys bring over 60 years of combined expertise to every immigration appeal, from BIA motions to arguments before federal circuit courts.
  • Thorough case preparation: Every appeal is built on deep legal analysis, anticipation of the government’s position, and meticulous attention to the record.
  • Relentless advocacy: We never back down from a challenge. When other firms turn cases away, our attorneys find a path forward.

Representing clients in federal courts & Immigration appeals

Trusted Federal Litigators

When an immigration decision goes against you, the stakes are high. A removal order, denied petition, or asylum rejection can affect your future, career, and family.

AtWildes & Weinberg, P.C., our litigation team understands what is at stake and are prepared to advocate for you at every level of the federal system.

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What is an immigration appeal?

An immigration appeal is a formal legal challenge to a decision made by an immigration judge, USCIS, or another government authority. When a petition is denied, a removal order is issued, or an asylum claim is denied, an appeal gives a higher authority the chance to review that decision and potentially reverse it.

These appeals operate under strict deadlines, procedural rules, and tough legal standards. Miss a filing deadline or come in with thin legal arguments, and your case can be in real jeopardy. Winning usually takes lawyers with serious appellate experience and a genuine understanding of how these courts weigh the claims in front of them.

Types of Immigration Appeals & Related Actions Handled by Our Firm:

  • Board of Immigration Appeals (BIA): Appeals of decisions issued by immigration judges, including removal orders and asylum denials
  • Federal Courts of Appeal: Petitions for review filed in the U.S. circuit courts when BIA decisions are challenged, or other situations where a federal lawsuit is the only path.
  • Mandamus Actions and APA Claims: Federal court petitions compelling the government to act on a long-pending immigration application or to reconsider a decision of an administrative agency.
  • Habeas Corpus: Challenging whether an individual is being legally detained.
  • Motions to Reopen: Filings before the BIA to reconsider a case based on new evidence or changed circumstances
  • Motions to Remand: Requests to send a case back to the immigration court for further proceedings when legal errors occurred

Why Clients Trust Wildes & Weinberg for Immigration Litigation

Few law firms bring the level of federal appellate experience that Wildes & Weinberg has developed over more than six decades, particularly in the immigration world. Our litigation history is central to who we are.

Our firm gained national recognition through the deportation defense of John Lennon, a case that became a landmark in U.S. immigration law. Since then, our attorneys have argued complex matters before federal tribunals, helped shape legal precedent, and contributed influential scholarship.

We approach every appeal with meticulous preparation, anticipating government arguments and building strong records and legal strategies. Whether it is a first appeal or a return to federal court, we bring the same disciplined approach to every case.

  • 60+ years of federal immigration litigation experience
  • Our litigation team includes former government prosecutors
  • Admitted to practice in numerous Federal Courts of Appeal and District Courts
  • Precedent-setting cases that have shaped U.S. immigration law
  • A reputation for taking on cases that other firms decline

The EB-5 program is one of the few immigration pathways in the United States that is not subject to educational or occupational requirements. It is open to investors from all countries, subject to annual visa availability under applicable preference categories.

Who can file an immigration appeal?

If an immigration decision has gone against you or someone you love, you may have the right to appeal. Immigration appeals are available in many circumstances and can be pursued at various stages of the immigration process.

You may have grounds for an appeal if you have experienced:

  • A removal or deportation order issued by an immigration judge
  • Denial of an asylum application at the immigration court or BIA level
  • Denial of a visa petition or adjustment of status by USCIS
  • An unreasonably delayed immigration petition with no government action
  • Denial of a waiver of inadmissibility
  • A decision affected by an error of law or procedural violation
  • Poor or ineffective representation by prior counsel that harmed your case
  • Changed conditions in your home country that affect your asylum claim

Our attorneys have successfully represented:

  • Asylum seekers facing return to dangerous conditions
  • Families separated by removal orders
  • Professionals whose visa petitions were improperly denied
  • Individuals whose cases stalled for years with no decision
  • Applicants whose prior attorneys made critical errors

Every situation is different. If you are unsure whether your case qualifies for an appeal, our attorneys will evaluate the record and advise you honestly on what options remain.

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Benefits of working with us

An appeal isn’t a do-over of the original hearing. It comes with its own rules, its own standards of review, and its own strategies. The arguments that won over an immigration judge may fall flat before the BIA or a federal court.

  • Command of the appellate record: Experienced attorneys know how to identify the issues in a trial record that are most likely to succeed on review, and how to frame those issues for a higher court.
  • Command of the appellate record: Experienced attorneys know how to identify the issues in a trial record that are most likely to succeed on review, and how to frame those issues for a higher court.
  • Strategic groundwork before filing: A well-constructed appellate brief requires anticipating the government’s counterarguments and addressing them preemptively. We plan all the angles before we draft a page.
  • Experience responding to government opposition: When the government files a brief against your position, you need lawyers who have faced those arguments before and know how to respond effectively.

Immigration appeals process overview

Initial Case Evaluation

Our attorneys review the decision, record, transcript, and prior filings to identify the strongest grounds for appeal.

Legal Strategy & Issue Identification

We determine the most persuasive issues for review, including legal errors, procedural violations, unsupported findings, or constitutional concerns.

Notice of Appeal or Petition Filing

We file the appropriate document with the BIA, federal court, or district court based on your case.

Brief Preparation

Our attorneys prepare a comprehensive appellate brief supported by relevant law, regulations, and the record.

Government Response

The government submits its response, which we carefully analyze and answer when permitted.

Oral Argument (if applicable)

In certain federal appeals, our attorneys present arguments directly before the court.

Decision & Next Steps

After a decision is issued, we advise on additional appeals, remands, or other available relief.

Pricing Details

Every immigration appeal is different. The record, forum, and legal issues involved affect the work required. After reviewing your circumstances and legal needs, we will provide a clear and straightforward quote.

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Frequently Asked Questions

In some cases, a Notice of Appeal must be filed with the BIA within 10 days or 30 days of the immigration judge’s oral decision or the mailing of a written decision. This deadline is strict- missing it typically waives your right to appeal. If you have received an adverse decision, check your own paperwork and contact an attorney immediately to avoid losing time.

An appeal asks a higher authority to review the legal correctness of a prior decision based on the existing record. A motion to reopen, by contrast, asks the same court or tribunal to reopen the case and/or reconsider its decision in light of new facts or legal arguments- such as changed country conditions, new evidence, or errors made by prior counsel. Both are powerful tools, and an experienced attorney can advise which is appropriate for your situation.

Often, yes. When the BIA hands down a decision that goes against you, you may be able to take the next step and file a Petition for Review with the appropriate U.S. Court of Appeals. The clock matters here: these petitions generally have to be filed soon after the BIA’s decision, and they come with their own set of legal standards and procedural rules.

Think of a Mandamus action as a way to break a logjam. It’s a lawsuit filed in federal district court asking a judge to order a government agency, such as USCIS, to act on a petition that’s been stuck for an unreasonably long time with no decision. This isn’t about appealing a denial. It’s a tool for pushing the government to do its job when the delays have simply gone too far.

Landmark cases & litigation successes

Wildes & Weinberg’s record in federal immigration litigation is not measured by volume alone- it is measured by impact. Our attorneys have argued cases that changed the law, shaped government policy, and set standards that practitioners and courts continue to rely on.

Some of Our Precedent-Setting Cases:

  • Mulanga v. Ashcroft, 349 F.3d 123 (3d Cir. 2003)
  • Lennon v. U.S., 387 F. Supp. 561 (S.D.N.Y. 1975)
  • Lennon v. I.N.S., 527 F.2d 187 (2d Cir. 1975)
  • Lennon v. Richardson, 352 F.Supp. 641 (S.D.N.Y. 1974)
  • Matter of Hira, 11 I.&N. Dec. 824 (BIA 1965)

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Selected Legal Scholarship by Our Attorneys:

Our attorneys have not only argued these issues in court- they have written about them. Some of our Founding Partner’s publications include:

  • Leon Wildes, The Deferred Action Program of the Bureau of Citizenship and Immigration Services: A Possible Remedy for Impossible Immigration Cases, 41 SAN DIEGO L. REV. 819 (2004)
  • Leon Wildes, The Nonpriority Program of the Immigration and Naturalization Service Goes Public: The Litigative Use of the Freedom of Information Act, 14 SAN DIEGO L. REV. 42 (1976)
  • Leon Wildes, The United States Immigration Service v. John Lennon: The Cultural Lag, 40 BROOK L. REV. 279 (1973–74)

For more on our legal publications, pleaseclick here.

Contact Our Experienced Appeals Attorneys Today

Facing an adverse immigration decision can be overwhelming. The appeals process is complex, deadlines are strict, and mistakes can have lasting consequences. You deserve attorneys with the experience and commitment to protect your interests.

At Wildes & Weinberg, P.C., our litigation team has spent decades handling immigration appeals. We understand these courts, the governing standards, and how to build arguments that withstand scrutiny.

For guidance regarding immigration appeals, please contact Managing Partner Michael Wildes, a former federal prosecutor, at michael@wildeslaw.com.

Our team is ready to review your case and discuss your available options.