Challenge Unlawful Detention and Fight for Your Freedom
When you or a loved one is held in immigration detention for too long or without a fair chance to be heard, it can feel like there’s no way out. Habeas corpus is a powerful legal tool that allows us to challenge unlawful or prolonged detention in federal court and fight for your freedom.
At our firm, we understand that every extra day in detention means lost time with family, lost wages, and growing uncertainty about the future. Our immigration attorneys carefully evaluate whether a habeas corpus petition may be an option in your case and guide you step by step through the process.
What Is Habeas Corpus in Immigration?
“Habeas corpus” is a legal action filed in federal court asking a judge to review whether the government is lawfully holding someone in custody.
In the immigration context, a habeas petition is typically used to challenge:
- Prolonged detention without a final decision on your case.
- Detention after a final order of removal when the government is taking too long to deport you.
- Detention without a real opportunity for bond or with a bond that is unreasonably high.
- Procedural problems that make your detention unfair or unlawful.
A habeas petition does not replace your immigration case in immigration court, but it can be a critical tool to challenge the detention itself and seek release or a new, fair hearing.
When Might a Habeas Corpus Petition Help?
Every case is unique, but a habeas corpus petition may be considered when:
- You have been in immigration detention for many months, and your case is still pending.
- You requested bond and were denied, or received a bond that is too high for you and your family.
- You have a final order of removal, but ICE continues to hold you without moving your case forward.
- Your medical conditions, family situation, or other urgent factors make continued detention especially harmful.
- You believe your constitutional rights have been violated while in immigration custody.
Our attorneys will review your detention history, immigration case, and any bond decisions to determine whether a habeas petition is appropriate and what arguments may be available for you.
How Diaz & Gaeta Law Handles Habeas Corpus Cases
We know that time matters when your loved one is detained. When we evaluate a possible habeas petition, we:
- Review your entire immigration file – including Notices to Appear (NTA), prior court decisions, and bond records.
- Analyze the legal basis for detention and identify any constitutional or statutory issues.
- Gather evidence and supporting documents – such as medical records, family hardship, and community ties.
- Prepare a detailed habeas petition explaining to the federal court why your continued detention is unlawful or unreasonable.
- Advocate forcefully for your release, a new bond hearing, or other relief the court may grant.
Our goal is to combine strong legal arguments with a clear picture of who you are as a person
– a parent, spouse, worker, and community member – not just a “detainee.”
Why Work With An Immigration Attorney for Habeas Corpus?
Habeas corpus petitions can be complex, and federal courts have specific rules, deadlines, and standards that must be followed. Working with an experienced immigration attorney can help you:
- Avoid procedural mistakes that could delay or harm your case.
- Identify the strongest legal arguments specific to your detention and history.
- Coordinate strategy between your immigration case and your federal habeas petition.
- Communicate with your family so they understand what is happening and what to expect.
When your liberty is at stake, you deserve a legal team that understands both immigration law and the habeas process and will fight for your rights at every stage.
Frequently Asked Questions (FAQs)
1. Does filing a habeas corpus petition guarantee that I will be released?
No. A habeas petition asks the federal court to review whether your detention is lawful and reasonable. The judge may order your release, order a new bond hearing, or deny the petition. Results depend on the facts of your case, the law, and the evidence presented.
2. How long does a habeas corpus case take?
Timelines vary by court and by case. Some petitions are resolved in a few months; others can take longer. Our goal is to file as promptly as possible and keep you and your family updated throughout the process.
3. Can I file a habeas corpus petition if I already lost my immigration case?
In many situations, yes. Habeas focuses on the detention itself, not on re-arguing your entire immigration case. Even if you have a final order of removal, it may be possible to challenge prolonged or unreasonable detention through habeas corpus.
5. Do I still need an immigration attorney if I have a federal habeas case?
Absolutely. Your immigration case and your habeas case are connected. Our team coordinates both, so the strategy in federal court supports your overall immigration goals and does not accidentally harm other forms of relief you may be seeking.
6. Can my family help with the habeas process?
Yes. Family members can help gather documents, letters of support, proof of community ties, medical records, and evidence of hardship. This information can be very important to show the court who you are beyond the detention center.
7. What should I do if I think my or my loved one’s detention is unlawful?
You should speak with an immigration attorney as soon as possible. There may be important deadlines, and a lawyer can evaluate whether habeas corpus is appropriate or if another type of relief is better in your situation.
Protecting Your Rights in Immigration Detention
Being detained by immigration authorities can be overwhelming, especially when you do not know how long you will be held. You are not alone, and you have options.
If you or a loved one is in immigration detention and you believe the government is holding you too long or unfairly, our team is here to evaluate whether a habeas corpus petition may be available and to discuss all possible options for seeking release.
Contact us today 678-503-2780 to schedule a consultation. We will listen to your story, review your situation, and work with you to develop a strategy aimed at protecting your freedom and your future in the United States.
