When the Government Gets it Wrong: APA Litigation
At Whitaker & Warburton, we represent clients in Administrative Procedure Act (APA) litigation, challenging unlawful agency actions and delays in federal court. The APA provides a critical check on government power, allowing individuals and businesses to hold agencies accountable when they act outside their authority, fail to follow required procedures, or unreasonably delay decisions. Our firm leverages deep knowledge of immigration law and federal litigation to pursue fair, timely, and lawful outcomes for our clients.
APA Litigation – Challenging Unlawful Agency Action
What is APA Litigation?
APA litigation refers to legal challenges brought under the Administrative Procedure Act (APA), the federal law that governs how U.S. government agencies make decisions and implement regulations. The APA provides a mechanism for individuals and organizations to challenge agency actions that are arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. In immigration and other federal contexts, APA claims can be used to compel agencies to follow proper procedures or review unlawful denials, delays, or policy changes.
Who Can Bring an APA Claim
Anyone affected by federal agency action—or inaction—may bring a lawsuit under the APA. Common scenarios include:
• Agency denials based on improper procedures or misinterpretation of law
• Policy changes or guidance that exceed an agency’s statutory authority
• Unlawful refusal to act on petitions, including immigration benefits
APA litigation is often used alongside or in connection with mandamus actions to address delays or compel agency compliance with federal law.
Why Choose Whitaker & Warburton for APA Litigation
At Whitaker & Warburton, we specialize in federal litigation challenging agency actions. Our attorneys combine deep knowledge of administrative law with practical experience in immigration and federal court advocacy. We focus on:
• Evaluating whether your case presents a valid APA claim
• Crafting persuasive litigation strategies to challenge unlawful agency actions
• Navigating complex procedural requirements for filing in federal court
• Seeking remedies including vacatur of unlawful decisions, injunctions, or declaratory relief
Our goal is to ensure that agencies act within the bounds of the law and that your rights are protected.
The APA Litigation Process
1. Case Evaluation: Determine whether an agency action or inaction violates the APA
2. Preparation & Filing: Gather evidence and draft a federal complaint
3. Court Proceedings: Advocate on your behalf in motions, hearings, and potential settlement negotiations
4. Resolution: Seek judicial remedies such as court orders requiring the agency to take proper action or correct unlawful decisions
APA Litigation in Immigration
For immigration clients, APA litigation is a critical tool to address:
• USCIS or DOJ delays in adjudicating petitions or applications
• Improper denials of visas or green cards
• Unlawful enforcement policies or procedural errors
By leveraging the APA, our attorneys hold federal agencies accountable and provide a legal pathway to rectify delays or unlawful actions affecting your immigration status.
Why APA Litigation Matters
The APA ensures that federal agencies:
• Follow fair procedures in decision-making
• Do not act arbitrarily or beyond their authority
• Provide individuals and businesses with a legal mechanism to challenge improper action
When an agency fails to follow the law, APA litigation is often the most effective method to restore your rights.
Start Your APA Litigation Case Today
If you have been affected by unlawful or delayed agency action, Whitaker & Warburton can help. Our experienced attorneys provide strategic, aggressive, and knowledgeable representation to challenge federal agency decisions and ensure that your legal rights are fully protected.