How a habeas corpus can help you when detained
Immigration detention can move quickly and often be confusing, leaving people without clear information about their rights.
A habeas corpus can be a critical tool for families facing detention. It provides a direct way to hold the government accountable, enforce due process, challenge unfair or prolonged detention, protect health and safety, and help reunite families sooner. For many, this is their best way to challenge unjust detention.
What is a habeas corpus?
A habeas corpus petition is a legal action filed in federal court that challenges the government's authority to detain someone. In simple terms, we ask the judge to review whether a person's detention is lawful. It focuses on the detention itself, especially if it is prolonged, unreasonable, or violates constitutional rights.
How does it work?
A habeas corpus is most useful during prolonged detention without a bond hearing, when detention exceeds legal time limits, or when removal is not possible, but detention continues. It can also address risks to health or safety caused by detention conditions.
Habeas petitions do not always lead to immediate release. More often, they give someone the chance to have a bond hearing. In many situations, a federal judge will not order release immediately but will instruct the immigration judge to hold a fair bond hearing, providing the person a genuine opportunity.
Eligibility for petition
Habeas Corpus challenges the detention itself, and therefore, eligibility depends on the person's circumstances of custody and not the type of immigration case. To meet the requirements, one must be in government custody (exemptions apply when one doesn't necessarily need to be incarcerated). Other factors include:
Held for many months with no opportunity to request a bond
Mandatory detentions longer than legally permitted
Detaining someone without a clear timeline
Admin processes are ineffective or too slow
Safety covering mental health and physical health at risk
People with final orders who can't be removed
Asylum seekers held without review
If your loved one is detained, you don’t have to navigate this alone. A habeas can be a lifeline; however, strategy and timing are important. If someone you care about is detained, we can help you understand the options.
Let us guide you every step of the way. Contact us today for a consultation!