Practice Area - Litigation and Appeals

Robert DuPont has successfully obtained relief for his clients before the 9th Circuit Court of Appeal, Board of Immigration Appeals and Administrative Appeals Unit. Strict filing deadlines apply for each of these appeals so it is extremely important that clients consult with their attorney as soon as they receive a denial of their application.

Constitutional Challenges usually involve claims of denial of due process or discrimination against immigrants. Constitutional challenges are often discovered upon review of trial transcripts from immigration court.

Declaratory Relief actions are Federal District Court cases filed once it has been determined that USCIS or related agencies have not followed the letter of the law. Declaratory Relief actions also arise where regulations or policies of USCIS do not follow the letter and spirit of statutes passed by congress. These cases can remedy legal errors committed by USCIS, the Board of Immigration Appeals and other agencies.

Writs of Habeas Corpus are often filed to obtain an individual’s release from custody where their continued detention or threat of detention and removal are not justified under the law. A Writ of Habeas Corpus is often a last minute remedy to prevent the Department of Homeland Security from removing an individual who is entitled to stay in the United States.

A Writ of Mandamus is an effective and essential tool to prevent long and unexplained delays in the process of any immigration case or appeal. I have filed over 200 Writs of mandamus in the Federal District court and in many cases compelled action within a 60 to 90 day period of filing. Outcomes are not guaranteed however the Writ of Mandamus is often used to obtain a decision on a case where multiple letters, requests and Infopass appointments have failed.Corpus is often a last minute remedy to prevent the Department of Homeland Security from removing an individual who is entitled to stay in the United States.