Related Litigation
The expert immigration law attorneys at Wilner & O'Reilly help their clients through all aspects of their immigration matter, including representation in litigation in state and federal courts throughout southern California and appearing before the many administrative agencies that regulate legal matters involving immigrants.
Our litigation practice brings us in constant contact with the Executive Office of Immigration Review (also known as "EOIR" or "Immigration Court"). EOIR is the main body responsible for adjudicating immigration cases, including court proceedings, appellate reviews, and administrative hearings of immigration-related employment cases. EOIR includes the Board of Immigration Appeals (BIA) and oversees all the immigration judges throughout the country. Immigration courts in southern California include courts in Los Angeles, San Diego, El Centro, Imperial, and Lancaster.
Bond Hearings
An alien who is arrested in a criminal matter may be released on bond if it can be shown the alien is not a danger to the community or a flight risk. Obtaining a bond release for an alien is much different and more involved than in a criminal matter involving a citizen, and expertise and familiarity in immigration law are essential to successfully navigating the immigration bond process.
We represent clients through the many convoluted stages of immigration bond hearings, including the initial determination made by the local CIS district office, hearings for reconsideration before either Department of Homeland Security (DHS) or the immigration court, appeals to BIA, and bond redetermination hearings in the immigration court.
Removal (Deportation)
The best possible representation in removal proceedings is important because a noncitizen normally receives only one chance to prove that he or she should not be removed. Further, the consequences of an order of removal can be severe, and can result in the noncitizen being forbidden to return to the United States for anywhere from five years to life.
An order of removal issued by an immigration judge may be challenged by appealing the decision to a higher court, such as the BIA in Falls Church, Virginia. Even if the BIA upholds the removal order, judicial review may be available from the United States Court of Appeals.
From the immigration court to the BIA to the Federal Circuit Court of Appeals, we help clients in application for relief in removal proceedings, including:
- Adjustment of status
- Cancellation of removal for non-permanent residents
- Cancellation of removal for permanent residents
- Suspension of Deportation
- Asylum, withholding, and relief under Convention of Torture
- Waivers for immigration fraud, including I-601 and INA 237(a)(1)(H)
Employment
In conjunction with the firm's employment-based immigration practice, we represent clients in a variety of hearings before the Department of Labor, including alleged immigration law violations, labor certification programs, and wage and hour issues. We represent workers and companies in permanent labor certification appeals before the Board of Alien Labor Certification Appeals (BALCA) and in temporary labor certification disputes before the Office of Administrative Law Judges, including appeals to the Administrative Review Board where applicable. Our employer compliance services include representation in various immigration audits and investigations as well.
Other Litigation Matters
- Defense of Department of Homeland Security Investigations
- N-336 Appeals from Denials of Naturalization Applications
- I-212 Permission to Reapply for Admission to the United States
- U.S. District Court Litigation, including
- Writs of Mandamus for declaratory relief and to Compel Processing of Unreasonably Delayed Immigration Applications
- Declaratory Relief Actions
- Denaturalization Defense
- Petitions for Habeas Corpus Relief
- State Court Litigation pertaining to Vacating Criminal Convictions (writs of coram nobus and petitions for habeas corpus)
- Board of Immigration Appeals (BIA)
- Administrative Appeals Office (AAO)
- Expert Witness Testimony
We also engage in defense of hearings by the Office of Special Counsel, Civil Rights Division pertaining to immigration-related unfair employment practices, such as employers charged with national origin and citizenship status discrimination under Section 102 of the Immigration Reform and Control Act of 1986 (IRCA), and allegations of document abuse and retaliation under the Immigration Act of 1990.
Southern California Immigration Litigation Experts
In Los Angeles, Riverside, and Santa Ana, noncitizens faced with criminal conviction and deportation and other hearings before the courts and various federal administrative agencies, trust the immigration law experts at Wilmer & O'Reilly to provide strong, effective advocacy based on years of experience and intimate knowledge of U.S. immigration law. Contact Wilner & O'Reilly to resolve your immigration matter through trial and appellate litigation or other means requiring expert counsel and representation.
