Litigation
Appeals to the Board of Immigration Appeals
Appellate litigation is a crucial strategy in any immigration practice. If a case is denied by an Immigration Judge, an appeal can be filed with the Board of Immigration Appeals. The Board of Immigration Appeals (BIA) is the highest administrative court for interpreting and applying immigration laws in the United States of America. Since 1991 Attorney Fogle and his team have fought tirelessly for his clients and his experience and deep knowledge of the immigration law have allowed him to consistently win erroneous decisions on appeal. If the BIA denies an appeal, the case can further appealed to the appropriate Federal Court of Appeals through the filing of a special appeal known as a “Petition for Review.”
Petition for Review before Circuit Courts
A petition for review is filed to obtain federal court review of a removal, deportation or exclusion decision issued by the Board of Immigration Appeals. Fogle Law Firm Principal, Glenn Fogle, is a nationally recognized litigator in the area of Immigration Law. In 2006, he won an unprecedented four immigration-based petitions for review (three published decisions) in the notoriously immigration unfriendly United States Eleventh Circuit Court of Appeals. He has since built upon his appellate success, winning numerous petitions for review in the Eleventh Circuit, including another published decision in January 2008, one in the Sixth Circuit, and one published asylum decision in the Eleventh Circuit Court of Appeals in 2010. In 2019, he won two other unpublished decisions in the Ninth and Eleventh Circuit Courts. In 2019, the Supreme Court granted certiorari to Mr. Fogle’s case in Barton v. Barr, and although he lost the case 5-4, he was able to be in the Supreme Court for one of the last cases heard by Justice Ruth Bader Ginsberg. Fogle won another published case in the Eleventh Circuit in 2021.
Below is a listing of some of the U.S. Circuit Court Cases won by attorney H. Glenn Fogle, Jr. and The Fogle Law Firm with cites and links to the decisions:
- Celestino-Contreras v. U.S. Att’y Gen., 305 Fed.Appx. 633, (11th Cir. 2008)
- Contreras-Rodriguez v. U.S. Att’y Gen., 462 F.3d 1314 (11th Cir. 2006)
- Diallo v. U.S. Att’y Gen., 596 F.3d 1329 (11th Cir. 2010)
- F.N.U. Susanto v. U.S. Att’y Gen., 185 Fed.Appx. 871, (11th Cir. 2006)
- Halim v. U.S. Att’y Gen. 255 Fed.Appx. 485 (11th Cir. 2007)
- Ishimwe v. Barr, 779 Fed.Appx. 452 (9th Cir. 2019)
- Madu v. U.S. Att’y Gen., 470 F.3d 1362 (11th Cir. 2006)
- Montano Cisneros v. U.S. Att’y Gen., 514 F.3d 1224 (11th Cir. 2008)
- Radido v. United States AG, 688 Fed. Appx., 866 (11th Cir. 2017)
- Runtu v. U.S. Att’y Gen., 228 Fed.Appx. 939 (11th Cir. 2007)
- Saeedi v. Roark, 803 F. Supp. 2d 381 (WDNC 2011)
- Tan V. U.S. Att’y Gen., 446 F.3d 1369 (11th Cir. 2006)
- Tomay-Hart v. U.S. Att’y Gen. 791 Fed.Appx. 857 (11th Cir. 2019)
- Yanni v. U.S. Att’y Gen., 707 Fed.Appx. 697 (11th Cir. 2017)
- Hylton v. United States AG 992 F.3d 1154 (11th Cir. 2021)
Published cases create new law which must be followed in the jurisdiction of the court. So these cases are relevant to not only the individuals involved in these particular cases but also to the immigration law field in general because the BIA decisions are binding on all Department of Homeland Security officers and immigration judges unless modified by the Attorney General or a federal court.
As such, every single case that you see above is a victory not only for our clients, but for every immigrant and their families as the judges and immigration officers are obligated to follow the precedents set by these cases and apply the law set out by the courts of appeal and/or the BIA.
The cases that Mr. Fogle takes to the BIA or before a Federal Circuit Court are diverse. After almost three decades consistently advocating for a fair immigration process, his reputable appeals involve orders of removal, asylums, family petitions wrongfully denied, applications for immigration benefits such as admission to the United States and motions for reopening decisions previously rendered, sometimes these cases involve applicants that are even already back in their home country. Call us now! A case evaluation is never too late for you or your loved one to reunite with your family.
Mandamus or Administrative Procedure Act Actions
At the Fogle Law Firm, we can also represent you with a writ of mandamus before a federal court in order to compel the U.S. government to do an act they legally owe to you. Indeed, it might happen that USCIS does not take any action concerning your case. Assuming the delay is unreasonable, the Administrative Procedure Act (APA) gives individuals the right to file a lawsuit against the Government to correct their administrative or legal errors. Glenn Fogle and his team have extensive experience in filing such actions throughout the country. In just about every instance, this action can expedite your case. Also, when USCIS makes a bad or mistaken decision, an APA action can be filed to force them to correct their error. The Fogle Law Firm team has an impressive record of success with these lawsuits against the government.