Representation For Immigrants in Federal Court

During his career as a government attorney, Dan Gividen handled thousands of immigration law cases. He was especially known for his willingness to work across the aisle to resolve issues. He now represents clients in the following matters:

• Federal litigation (writs of mandamus, administrative procedure actions, and habeas petitions)
• Our USCIS Services & Your Safety
  • We offer a range of filing services for USCIS applications. However, our priority is your safety. Because there has been an increase in enforcement actions and arrests at USCIS offices, we take a highly cautious approach to every case we handle.

• • • Risk Assessment: We carefully screen every application for potential red flags.
    • Honest Communication: If we believe filing puts you at risk of detention or ICE intervention, we will tell you immediately.
    • Your Safety First: We strongly advise against moving forward with any filing unless we are mutually confident that you are not at risk of being detained.

Services

1. EWI: Failure to Grant Bond Hearings

This category applies to noncitizens who entered “Entering Without Inspection” (EWI). Under the Maldonado-Bautista nationwide injunction, these individuals are entitled to bond hearings to determine their eligibility for release while their cases are pending. We pursue Habeas relief for individuals in this category when the government fails to set or provide these mandated hearings, resulting in unlawful and indefinite detention.

2. Illegal Entry with Immediate Encounter

This category covers individuals who may have crossed the border illegally (e.g., crossing the river) but were immediately encountered by or surrendered to Department of Homeland Security (DHS) officials. Specifically, this applies to those who were:

• Subsequently released on Orders of Recognizance to file for asylum or placed in removal proceedings. *can insert screenshot/image of example of warrant and order of recognizance*
• Not issued Expedited Removal orders. When these individuals are redetained despite following the terms of their release, a Habeas petition may be the necessary tool to secure their freedom.

3. Arriving Aliens (Port of Entry & CBP One)

These cases involve “Arriving Aliens” who entered through a designated Port of Entry (such as an international airport or land border) and were paroled into the U.S. to seek asylum or enter removal proceedings. This includes individuals who utilized the CBP One app. These cases often require highly individualized determinations. Strong candidates for Habeas in this category include those who have already been granted:

• Employment Authorization Documents (EAD)
• Temporary Protected Status (TPS)
• Pending or granted Asylum claims

4. OSUP Redetention

This category focuses on individuals previously released on an Order of Supervision (OSUP). Release on OSUP typically occurs after ICE determines that removal to their country is unlikely in the foreseeable future. If ICE subsequently redetains an individual without a significant change in circumstances or a clear path to imminent removal, we file Habeas petitions to challenge the lawfulness of their continued detention.

5. Zadyvas v. INS

In accordance with the Immigration and Nationality Act, as interpreted by the Supreme Court in Zadvydas v. INS, ICE may not continue to detain such individuals beyond a reasonable period of time when there is no reasonable likelihood of removal in the foreseeable future. There is a presumption that six months is a reasonable period of time. When ICE fails to release an individual who has been detained for more than six months since a final order of removal was entered, filing a writ of habeas corpus in U.S. District Court may be necessary.

Frequently Asked Questions

Attorney Dan Gividen understands that navigating federal immigration proceedings can be complex and overwhelming. Below are some of the most common questions clients ask.

How do I know if filing with USCIS puts me at risk of detention?

During the initial consultation, attorney Gividen conducts a thorough risk assessment of each case. He will examine factors such as immigration history, any prior encounters with ICE, pending removal proceedings and current enforcement priorities. If any red flags are identified that could lead to detention or ICE intervention at a USCIS office, this information is communicated immediately and alternative strategies are discussed. Client safety is the absolute priority, and the firm will never recommend moving forward with a filing unless there is confidence it does not expose the client to unnecessary risk.

What is a writ of habeas corpus, and how can it help my case?

A writ of habeas corpus is a legal tool that challenges unlawful detention. In immigration cases, habeas petitions are filed in federal court when the government detains someone without proper legal authority or beyond what the law allows. This can include situations where a person was denied a bond hearing, redetained despite complying with release conditions or held beyond six months after a removal order when deportation is not reasonably foreseeable. Habeas relief can result in release from detention while the immigration case proceeds.

I entered through CBP One and was released on parole, but now I’ve been detained again. Can you help?

Yes, the firm regularly handles cases involving individuals who entered as arriving aliens through CBP One or other ports of entry. When someone who was paroled into the U.S. has been redetained, the attorneys evaluate whether the detention is lawful. Strong cases for habeas relief often include individuals who have work authorization, TPS or pending asylum applications. The firm assesses the specific circumstances of each detention and determines the best legal strategy to challenge it.

Ready To Protect Your Rights?

If you or a loved one is facing immigration detention or complications with USCIS, call attorney Gividen at 972-256-8641 today for a confidential consultation. He will fight for your freedom and your future.