This Article explores four different actions which could be utilized by practitioners in defense of an alien: mandamus, preliminary injunction and temporary restraining order, a Bivens tort action against the individual Service agents, and recovery of attorney's fees. They argue that delay, inadequacies, and abuse of discretion are familiar problems facing the immigration attorney, and that there are unique avenues for the practitioner to address these problems. The authors argue that, while these remedies are unusual and should be sought with a great deal of care, they remain viable causes of action to redress wrongs suffered by an alien at the hands of the Immigration and Naturalization Service.
Ann Allott & Nancy B. Elkind,
Federal Court Remedies in Immigration and Naturalization Cases,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol20/iss1/4