federal litigation

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Sometimes, immigration cases don’t end with the immigration judge or the Board of Immigration Appeals (BIA). If a case is denied or something goes seriously wrong, you may be able to take your case to federal court.

At Preferential Option Law Offices, we help people fight back against unfair decisions, delays, and wrongful detention — even after the usual immigration court process is over. Preferential Option is admitted to practice federal litigation in the Middle and Southern Districts of Florida, the Southern District of Georgia, the Southern District of Texas, the Eleventh Circuit Court of Appeals, and the Fifth Circuit Court of Appeals. 

Federal litigation is when we take your immigration case to a higher court outside of the immigration system, usually because:

• You were denied asylum or another benefit unfairly
• You're stuck in detention and shouldn't be
• Your application has been delayed for months or years with no decision
• Your rights were violated during the process

This isn’t for everyone — but in the right situation, it can change everything.

If the BIA (Board of Immigration Appeals) says you have to leave the U.S., we may be able to appeal that decision to a U.S. Court of Appeals.
Example: The Immigration Judge denied your asylum case despite strong evidence that you will be harmed. We can fight that denial in federal court.

Learn more about the BIA 

If you or a loved one is being detained for too long or without good reason, we can file a case asking a federal judge to review the detention.
Example: Someone wins their case or has a valid claim on appeal but is still being held by ICE.

What is Habeas Corpus?

If a government agency makes a decision that’s clearly wrong or violates your rights, we can challenge it under the Administrative Procedure Act (APA) or even the Constitution.
Example: Your permanent residency was denied unfairly due to a mistake or legal error by USCIS.

About the APA

You might want to talk to us about a federal case if:

• You’ve lost at the Board of immigration Appeals and want to appeal
• You’re in detention longer than you should be
• Your case is stuck in limbo with no decision
• You believe the government violated your rights or made a mistake

Federal immigration court cases are complex — but our team is here to walk you through it step-by-step.

We will:

• Review your full case history
• Explain if a federal lawsuit is a viable option 
• File and manage all court documents
• Keep you updated and answer your questions clearly