We are Now Accepting Immigration Habeas Corpus Cases

I represent individuals held in immigration detention who are challenging the lawfulness of their custody in federal court. Immigration habeas corpus cases can be a powerful tool to seek release from prolonged or unlawful detention—often when other options have failed or are unavailable.

What Is Habeas Corpus?

Habeas corpus is a legal action that asks a federal judge a simple but fundamental question:
Does the government have the legal authority to keep this person detained?

In immigration cases, a habeas petition challenges detention by U.S. Immigration and Customs Enforcement (ICE) when that detention violates the Constitution or federal law. Habeas does not ask the court to decide whether someone should win their immigration case. Instead, it focuses on liberty—whether continued detention is lawful, justified, and fair.

How Habeas Works in Immigration Detention

An immigration habeas case is filed in federal district court, not immigration court. It asks a federal judge to review the legality of a person’s detention and, in many cases, to order:

A bond hearing before an immigration judge

Release from detention

Or other relief that ends unlawful custody

Habeas cases often move quickly, because they involve a person’s physical freedom. Some of our clients have been released in weeks after filing.

When Habeas May Be Appropriate

Every case is different, and eligibility depends on specific facts and timelines. Immigration habeas relief may be available in situations such as:

Prolonged detention without a bond hearing or denial of a bond

Detention that has continued for months with no clear end date

Re-detention after prior release without adequate justification

What Habeas Is—and Is Not

What Habeas Can and Cannot Do

Habeas corpus is a powerful tool, but it has limits.

Habeas can:

Challenge unlawful or prolonged detention

Force court review of ICE custody decisions

Lead to release or a bond hearing

Habeas usually does not:

Decide asylum, cancellation, or other immigration benefits

Automatically stop removal in every case

Guarantee release

An attorney can evaluate whether habeas is the right strategy in your situation.

If You or a Loved One is in ICE Detention

Immigration habeas cases are time-sensitive. If you believe detention has become unlawful or unreasonably prolonged, it is important to speak with a lawyer as soon as possible.

Not everyone is a good candidate for a habeas petition, but, through a consultation, I can assess whether a habeas petition may be appropriate.