Description:

Hacking Immigration Law, LLC is a national immigration law firm that has sued USCIS and the State Department thousands of times. We are hiring a Litigation Counsel to lead our federal court litigation practice - a role built for an attorney who has spent years on the government side.

The Litigation Counsel helps manage the firm's federal litigation docket end to end: case selection and strategy, the quality of what we file, the supervision and development of the attorneys and paralegals working the cases, and the firm's posture in dealings with the Office of Immigration Litigation and U.S. Attorney's Offices around the country. The right candidate will shape how this practice is built, not simply work the cases already in it.

Our federal docket includes mandamus and APA unreasonable-delay actions, 8 U.S.C. 1447(b) naturalization suits, denial challenges, multi-plaintiff delay litigation, habeas cases and affirmative policy challenges under the APA to USCIS adjudication practices ---including contested, actively litigated cases with discovery, protective orders, and dispositive motion practice.

Who we are looking for:
We are specifically interested in attorneys who have served in the Department of Justice Office of Immigration Litigation, a U.S. Attorney's Office, USCIS or DHS Office of the Chief Counsel, or comparable federal government litigation positions. Candidates from other backgrounds with substantial federal immigration litigation experience are also encouraged to apply.

What matters most: that you have tried, briefed, and argued federal cases; that you know how the government evaluates, defends, and settles these matters from the inside; and that you can lead a team rather than only carry a docket.

Essential Duties and Responsibilities:
  • Lead and manage the firm's federal court litigation practice, including case selection, litigation strategy, staffing, and workload allocation.
  • Serve as lead counsel in federal district court actions - mandamus, APA, 1447(b), denial challenges, and multi-plaintiff and policy litigation against USCIS and DHS.
  • Appear at hearings, status conferences, oral argument, and mediations in federal courts nationwide.
  • Draft, review, and approve complaints, dispositive and non-dispositive motions, briefs, declarations, discovery, and settlement communications before filing.
  • Direct discovery practice, including written discovery, document productions, protective orders, meet-and-confer efforts, and motions to compel.
  • Negotiate with Assistant U.S. Attorneys and OIL trial attorneys regarding scheduling, resolution, and settlement.
  • Supervise, mentor, and evaluate litigation attorneys, paralegals, and support staff; set standards for written work product and conduct substantive review.
  • Build and maintain the firm's litigation systems - templates, briefing banks, intake and case-screening criteria, and quality control processes.
  • Evaluate prospective litigation matters and advise on viability, venue, timing, and risk.
  • Monitor federal court decisions, USCIS policy changes, and litigation trends; identify emerging claims and affirmative litigation opportunities.
  • Coordinate with co-counsel and outside counsel on complex and multi-plaintiff matters.
  • Work collaboratively with the firm's benefits, intake, marketing, and operations teams.
  • Perform other duties as assigned.

Performance Expectations

  • Maintain the quality, accuracy, and timeliness of every filing bearing the firm's name.
  • Meet established case and docket benchmarks while meeting ethical obligations and exercising independent professional judgment.
  • Develop the litigation team's capability -measured by what the attorneys under you can handle without you.
  • Demonstrate responsiveness and reliability in a remote work environment.
  • Maintain strong collaboration and communication across the firm.

Qualifications:
  • Juris Doctor (J.D.) from an accredited law school.
  • 4-8 years of litigation experience, with substantial federal district court practice. Candidates with more experience are also encouraged to apply.
  • Prior service with DOJ's Office of Immigration Litigation, a U.S. Attorney's Office, USCIS/DHS Office of the Chief Counsel, or comparable federal government litigation experience strongly preferred.
  • Demonstrated first-chair experience: briefing and arguing dispositive motions, managing discovery, and taking cases from complaint through resolution.
  • Active license to practice law in at least one U.S. jurisdiction, in good standing, with the ability to practice consistent with applicable multi-jurisdictional practice rules. Admission to one or more federal district courts required; additional admissions to be obtained as needed.
  • Working knowledge of the Administrative Procedure Act, the Mandamus Act, and federal jurisdiction and justiciability doctrine as applied to immigration adjudications.
  • Demonstrated knowledge of U.S. immigration law and USCIS adjudication procedure.
  • Experience supervising, training, or mentoring attorneys.
  • Exceptional legal writing and oral advocacy skills.
  • Proficiency with CM/ECF, legal research platforms, case management software, and standard office technology.
  • Bilingual a plus, given a significant immigrant client population.