APA Lawsuits for Unlawful Agency Actions

The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In such a case, the individual or the employer may feel the need to take additional action and file a federal lawsuit under the Administrative Procedure Act (APA) against the U.S. government and challenge the erroneous decision.

Overview of the APA

The APA is a federal statute that governs how government agencies are required to operate. In addition to dictating how an agency must develop rules and regulations, the APA also provides for when an individual can seek judicial review of an agency decision. Namely, an individual who suffered a legal wrong from, or was adversely affected by, a final agency action, generally can file a lawsuit under the APA to challenge the decision in court.

Types of Agency Actions that can be Challenged Under the APA

In the immigration context, an APA lawsuit can be used in a variety of situations, such as to challenge an erroneous denial, revocation, or fraud finding on an application or petition made by the USCIS or some other government entity. An APA lawsuit also can be used to challenge an unreasonable delay in a case. Normally, this is included with the filing of a writ of mandamus, which is explained in the MurthyDotCom InfoArticle Writ of Mandamus Lawsuits for Unreasonably Delayed Cases (19.Jun.2023).

Limits of an APA Lawsuit

An individual may be able to file an APA lawsuit to challenge different aspects of an otherwise non-reviewable adverse agency decision to seek a favorable outcome. The ability to file an APA lawsuit after receiving an adverse discretionary agency decision depends upon the specific legal issue in the case. Certain discretionary agency actions cannot be challenged under the APA.

Federal Lawsuits Against Government Agencies may be More Successful Now

A federal lawsuit challenging an agency decision may be more successful now than in the past due to the recent U.S. Supreme Court decision in Loper Bright Enterprises v. Raimondo, which reduced the level of deference a federal court must give to an agency decision. Before Loper Bright, a federal court typically was bound by the agency’s reasonable interpretation of the law underlying the agency’s decision. Now, a federal court can interpret the law with significantly less regard to the agency’s interpretation and has more authority to overturn the agency’s decision.

No Need to Fear Retribution for Filing an APA Lawsuit

Foreign nationals unfamiliar with the U.S. justice system may worry that filing an APA lawsuit will incur governmental retribution. In reality, however, this is not a cause for concern. U.S. federal courts impartially review and adjudicate cases, ensuring that the government is held accountable for unreasonable delays or violations of the law. Given that APA lawsuits are filed routinely against U.S. immigration agencies, retribution by the USCIS or other government entity for exercising one’s legal rights is highly unlikely.

Conclusion

When an individual receives an unlawful denial on an application or petition, the individual may choose to appeal the decision within the agency or use other traditional means of resolving the matter. After an individual exhausts traditional options to challenge an agency decision unsuccessfully, filing a federal lawsuit may be a necessary step to seek a favorable decision. Individuals interested in discussing filing an APA lawsuit are encouraged to schedule a consultation with a Murthy Law Firm attorney.

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