When you or a loved one is detained in an immigration facility, the situation can feel hopeless—especially when the Immigration Judge has denied bond or when ICE refuses to release someone despite valid legal grounds. At Modern Law Group, we understand that immigration detention is not just a legal problem; it's a humanitarian crisis affecting real families. That's why we specialize in filing habeas corpus petitions in federal district courts to challenge unlawful detention and fight for your freedom.
Our attorneys have successfully litigated habeas corpus cases in multiple federal courts, securing the release of individuals who had been unjustly detained for months or even years. We have offices in San Diego, California; Brooklyn, New York; and Arlington, Texas—strategically positioned to handle habeas corpus petitions in the Southern District of California, Eastern District of New York, Southern District of Texas, and beyond.
What Is Habeas Corpus in Immigration Law?
Habeas corpus, Latin for "that you have the body," is one of the oldest and most fundamental legal protections in the American legal system. It is enshrined in the United States Constitution and predates our nation's founding, tracing back to English common law. The writ of habeas corpus allows a person in custody to challenge the legality of their detention before a federal judge.
In the immigration context, a habeas corpus petition asks a federal district court to review whether the government's decision to detain someone—or to continue detaining them—violates the Constitution, federal statutes, or regulations. Unlike appeals within the immigration court system, habeas corpus takes your case outside of the immigration bureaucracy and places it before an independent federal court with the power to order your immediate release.
Constitutional Foundation
The Suspension Clause of the U.S. Constitution (Article I, Section 9, Clause 2) states: "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." This means the right to challenge unlawful detention is protected at the highest level of American law.
Federal courts have consistently held that non-citizens, including those in deportation proceedings, retain certain constitutional rights, including the right to challenge indefinite or unlawful detention through habeas corpus. Landmark Supreme Court decisions in cases like Zadvydas v. Davis and Jennings v. Rodriguez have shaped the modern landscape of immigration habeas litigation, establishing that prolonged detention without adequate justification can violate due process.
When Is Habeas Corpus Used in Immigration Cases?
Habeas corpus petitions in immigration cases are typically filed in the following situations:
Challenging Prolonged Detention
When ICE detains someone for an extended period—frequently six months or more—without providing a meaningful opportunity for release, a habeas corpus petition can argue that continued detention violates due process. The Supreme Court has recognized that the government cannot indefinitely detain individuals, and prolonged detention requires heightened justification.
Bond Denial by Immigration Judge
If an Immigration Judge denies bond or sets an unreasonably high bond amount, and the Board of Immigration Appeals (BIA) upholds that decision, a habeas corpus petition can challenge whether the bond determination was constitutionally adequate. Federal courts can review whether the Immigration Judge applied the correct legal standard, considered all relevant factors, and provided adequate procedural protections.
Mandatory Detention Challenges
Certain categories of immigrants are subject to "mandatory detention" under immigration statutes, meaning they are not eligible for a bond hearing before an Immigration Judge. However, federal courts have held that mandatory detention cannot last indefinitely. After a reasonable period, even individuals subject to mandatory detention may be entitled to a bond hearing, and habeas corpus is the vehicle for obtaining that hearing.
Challenging Conditions of Detention
In some cases, habeas corpus petitions challenge the conditions of detention itself—particularly when conditions are so severe that they constitute punishment rather than civil detention, or when medical needs are not being met. These cases often involve constitutional claims under the Fifth Amendment's due process protections.
Post-Final Order Detention
After a person receives a final order of deportation, the government generally has 90 days to effectuate removal. If removal cannot be accomplished within a reasonable period—often because the person's home country refuses to accept them—continued detention may become unlawful. The Supreme Court's decision in Zadvydas v. Davis established that detention beyond six months is presumptively unreasonable when there is no significant likelihood of removal in the reasonably foreseeable future.
Time-Sensitive Matter
If you or a loved one has been detained for an extended period, do not wait. The longer detention continues without challenge, the harder it may become to demonstrate urgency to the court. Contact an experienced habeas corpus attorney immediately.
Who Qualifies for Habeas Corpus Relief?
Habeas corpus relief may be available to a wide range of individuals in immigration detention:
- Individuals detained for prolonged periods (typically six months or more) without adequate bond hearings or release determinations
- Asylum seekers who have been detained while their cases are pending and have been denied parole or bond
- Individuals denied bond by an Immigration Judge when the denial was based on incorrect legal standards or inadequate procedures
- Those subject to mandatory detention who have been held for extended periods without individualized custody determinations
- Individuals with final orders of removal whose removal cannot be effectuated within a reasonable time
- Lawful permanent residents and visa holders who have been detained based on alleged criminal grounds but have arguable challenges to those grounds
- Individuals with serious medical conditions whose health is being jeopardized by continued detention
- Anyone whose detention violates constitutional due process or federal immigration law
Habeas Corpus vs. Immigration Bond Hearings: Key Differences
Many people are confused about the difference between an immigration bond hearing and a federal habeas corpus petition. Understanding these differences is crucial to determining the best strategy for your case.
Immigration Bond Hearings
A bond hearing is held before an Immigration Judge (IJ) within the Executive Office for Immigration Review (EOIR), which is part of the Department of Justice. At a bond hearing, the IJ considers whether you should be released from detention and, if so, under what conditions (such as a bond amount or supervision requirements). The IJ's decision can be appealed to the Board of Immigration Appeals (BIA).
However, bond hearings have significant limitations. The Immigration Judge is part of the same executive branch that is detaining you. Certain individuals are not eligible for bond hearings at all under mandatory detention statutes. And even when bond is granted, the amounts set are often prohibitively high for detained individuals and their families.
Federal Habeas Corpus Petitions
A habeas corpus petition is filed in a federal district court—an Article III court that is independent of the executive branch. The federal judge reviewing your habeas petition has the authority to examine whether your detention complies with the Constitution and federal law. If the court finds that your detention is unlawful, it can order your immediate release.
Habeas corpus is particularly valuable when:
- The immigration court system has not provided adequate relief
- You are subject to mandatory detention without access to a bond hearing
- Your detention has extended beyond constitutional limits
- The Immigration Judge applied the wrong legal standard
- There are significant constitutional issues that immigration courts cannot adequately address
Strategic Advantage
Filing a habeas corpus petition often accelerates the resolution of detention issues. Federal courts operate independently of ICE and immigration courts, and the involvement of a federal judge frequently prompts the government to reconsider its detention decisions.
The Federal Habeas Corpus Process
Understanding what to expect during habeas corpus litigation can help you and your family prepare for this important legal process.
Initial Case Assessment
Our attorneys begin by thoroughly reviewing your detention history, immigration case file, and any prior bond determinations. We analyze the legal basis for your detention and identify the strongest grounds for challenging it in federal court. This assessment typically takes one to two days for urgent cases.
Filing the Petition
We prepare and file a detailed habeas corpus petition in the appropriate federal district court. The petition explains the facts of your detention, the legal basis for relief, and the constitutional or statutory violations at issue. We name the appropriate respondents—typically the detention facility warden and relevant ICE officials.
Emergency Motions
In many cases, we file emergency motions alongside the habeas corpus petition. These may include motions for a temporary restraining order (TRO) or preliminary injunction seeking your immediate release while the case proceeds. Emergency motions are particularly important when detention has been prolonged or when there are urgent medical or humanitarian concerns.
Government Response
After filing, the government is ordered to respond to the petition, typically within 14 to 30 days. However, courts can shorten this timeline in emergency situations. The government must explain the legal basis for your detention and respond to each of the arguments raised in your petition.
Reply and Hearing
You have the opportunity to reply to the government's response. In many habeas corpus cases, the court will schedule an evidentiary hearing or oral argument. Some cases are resolved on the papers without a hearing, particularly when the legal issues are straightforward.
Court Decision
The federal judge issues a decision granting or denying the habeas corpus petition. If granted, the court may order your immediate release, order the government to provide a bond hearing under proper procedures, or provide other appropriate relief. Either party can appeal the decision to the federal circuit court of appeals.
Timeline Expectations
Habeas corpus cases vary significantly in duration depending on the complexity of the issues, the court's calendar, and whether emergency relief is sought. Here are general timeline expectations:
- Emergency motions (TRO/preliminary injunction): Courts typically decide within days to two weeks
- Government response deadline: Usually 14-30 days from filing
- Full resolution: Simple cases may resolve in 2-4 months; complex cases can take 6-12 months or longer
- Appeals: If either party appeals, add 6-12 months for circuit court review
Our attorneys work aggressively to expedite cases whenever possible, particularly when prolonged detention or humanitarian concerns warrant emergency treatment.
Modern Law Group's Habeas Corpus Experience
Our federal court litigation team has extensive experience filing and litigating habeas corpus petitions on behalf of detained immigrants. We have successfully obtained the release of clients in cases involving:
- Prolonged detention exceeding 18 months without adequate bond review
- Mandatory detention challenges resulting in court-ordered bond hearings
- Post-final order detention where removal was not reasonably foreseeable
- Bond denial reversals based on incorrect legal standards applied by Immigration Judges
- Emergency release for individuals with serious medical conditions
- Challenges to unreasonably high bond amounts
Our Track Record
Modern Law Group has secured the release of numerous clients through federal habeas corpus litigation. Our attorneys understand the nuances of habeas law and the strategic approaches that yield results in federal court.
Why Choose Modern Law Group for Your Habeas Corpus Case?
Habeas corpus litigation requires attorneys experienced in federal court practice—not just immigration law. At Modern Law Group, our legal team combines deep immigration law expertise with federal litigation skills. Here's what sets us apart:
- Federal court experience: We regularly appear in federal district courts across the country
- Urgent response capability: We understand that detention cases are emergencies and respond accordingly
- Comprehensive case development: We build thorough records and compelling legal arguments
- Multilingual services: Our attorneys and staff speak English, Spanish, and Russian
- National reach: With offices in California, New York, and Texas, we can file habeas petitions in courts nationwide
- Client communication: We keep detained individuals and their families informed throughout the process
What You Should Know Before Filing
Before pursuing a habeas corpus petition, there are important considerations:
Exhausting Administrative Remedies When Required
In some cases, courts require that you first exhaust administrative remedies—such as bond hearings and BIA appeals—before filing a habeas corpus petition. However, exhaustion is not always required, particularly when pursuing administrative remedies would be futile or when no adequate administrative remedy is available. Our attorneys can advise you on whether exhaustion is required in your specific case.
Gathering Documentation
The strength of your habeas corpus case depends on thorough documentation. Important records include detention records showing the length of your detention, bond hearing transcripts and decisions, medical records if health conditions are relevant, evidence of community ties, and documentation of your immigration case history.
Acting Quickly
While there is no strict statute of limitations for habeas corpus petitions, acting quickly is important. Courts may be skeptical of urgency claims if significant time has passed without taking action. If you believe your detention is unlawful, contact an attorney immediately.
Frequently Asked Questions
Can I file a habeas corpus petition if I already had a bond hearing?
Yes. A habeas corpus petition challenges the constitutionality and legality of your detention in federal court. Even if an Immigration Judge denied bond, a federal court can find that the denial violated your due process rights or was based on incorrect legal standards.
How much does a habeas corpus case cost?
The cost varies depending on the complexity of the case and whether emergency motions are required. We offer consultations to discuss your case and provide transparent fee information. In some cases, detained individuals may qualify for pro bono representation.
Will filing a habeas corpus petition affect my immigration case?
A habeas corpus petition challenges your detention, not your underlying removal case. However, being released from detention often significantly improves your ability to prepare and present your immigration case, access witnesses and evidence, and retain counsel.
What happens if I'm transferred to another detention facility?
Transfers do not necessarily moot a habeas corpus petition. Federal courts retain jurisdiction, and in some cases, we can file in multiple districts or transfer the case as needed. We have experience handling cases involving transfers and can advise you on the best approach.
Take Action Now
Every day in immigration detention is a day away from your family, your job, and your life. If you or a loved one is detained in an immigration facility and you believe the detention is unlawful, you have constitutional rights—and we can help you fight for them.
Modern Law Group's experienced habeas corpus attorneys are ready to evaluate your case, explain your options, and take aggressive action to secure your freedom. Don't wait for the government to act. Contact us today for a consultation.
Time is critical in detention cases. Contact our office now or call us at (888) 902-9285 to speak with an attorney who understands federal habeas corpus litigation and will fight for your release.