Van Der Hout, Brigagliano & Nightingale has a sterling reputation
for challenging orders of removal and government
misconduct before both the Board of Immigration appeals
(the highest administrative appellate body) and the
federal district and circuit courts. We have a notable
track record of winning appeals before the Board of
Immigration Appeals regardless of whether our client
or the Immigration and Nationalization Service ("INS")
is the appealing party.
Significantly, Van Der Hout, Brigagliano & Nightingale is one
of a very small number of immigration law firms that
have extensive experience in federal court litigation.
We routinely handle appeals to the circuit or district
courts from decisions of the Board of Immigration Appeals,
including seeking emergency stays of removal. In
addition, under the leadership of the firm's founding
partner, Marc Van Der Hout, we have litigated several
affirmative law suits against the government on an individual
as well as a class action basis. Among the issues and
actions we have litigated are: asylum, federal court
jurisdiction, evidentiary issues, challenges to denying
certain individuals relief under § 212(c), challenges
to reinstatement of removal, circuit wide class action
challenging improper interference with removal hearing
process by immigration court officials, Bivens actions
to redress INS misconduct, secret evidence, mandamus
actions to compel INS action, selective prosecution
claims, national class actions challenging the INS'
improper adjudications regarding EB-2 and EB-5 petitions,
and attorneys' fees litigation under the Equal Access
to Justice Act.
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