Habeas Corpus As It Relates To Immigration Law

Habeas corpus is a request to be released from unlawful detention. Where this comes up in immigration law, is going to be irrelevant to most, but it might be relevant to your family or friends. It may be possible to challenge a decision in federal court by filing habeas corpus when someone has been denied bond or if they’ve been detained for an extended period of time.

Filing a Habeas Corpus Petition

Someone who is detained can file a Writ of Habeas Corpus. There is one additional possibility that if you have a federal criminal conviction, it can be challenged by habeas corpus if your regular appeal period has expired and immigration consequences are coming from that conviction. But the primary use of habeas corpus in immigration law is for people that are detained by ICE and have been detained for a lengthy period of time and continue to be detained even though there’s no deportation scheduled.

One situation where I filed a habeas corpus case was when someone who was deported and was successful in a motion to reopen his case, should have been allowed to come back, and immigration should have been required to facilitate his return, but they were not doing that. That is another situation where it’s possible to file habeas corpus.

Relief Available To An Immigrant If Successful With The Habeas Corpus Petition

The remedy would be that the judge would order ICE to release them. It’s not a panacea, it doesn’t affect the underlying deportation case, but it will get the person out of jail.

For more information on Habeas Corpus Petition In Immigration Context, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (617) 297-7502 today.