Writ of Habeas Corpus Lawyer
When a loved one is detained by ICE, families are left fearful and in the dark about what comes next. They don’t know how long their loved one will be held, where they’re held, why bond was denied, or how to get answers. A writ of habeas corpus is a powerful tool used to challenge unlawful or prolonged detention, and it’s one of the few tools available to those who are detained by a rapidly growing body of immigration agents with substantial power.
If someone you love is being held for longer than is reasonable or without any legal basis, it’s time to look into your legal options. Contact a writ of habeas corpus attorney at Immigration Spurgin by calling 915-221-2249 now.
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What is Habeas Corpus in Immigration Cases?
A writ of habeas corpus is a petition you file in federal court to ask a judge whether or not ICE has the legal right to continue holding someone. Immigration court hearings can be delayed for months or even years, hence the backlog in the immigration system. In comparison, a writ of habeas corpus challenges the detention itself. If you find yourself asking, “how long can ICE hold you before deportation?” because of constant delays, it may be time to contact a writ of habeas corpus attorney.
ICE does not have unlimited power to keep someone detained indefinitely. When they delay or give families the runaround, you have the right to demand answers.
If ICE is refusing to release your loved one, we’re here to help you challenge the detention in federal court. Turn to our habeas corpus lawyers to explore your next steps.
When Can You File a Habeas Petition?
There are lots of misconceptions surrounding habeas corpus petitions, which is why it’s important to discuss your immigration concerns with an attorney. You do not need to wait for a bond hearing or immigration court decision to challenge a loved one’s detention. This option may be your next move if:
- ICE keeps someone detained even if they pose no danger or flight risk
- The udge has denied bond without reason
- The individual is detained for months without a hearing or decision
- An asylum seeker remains in custody despite passing a credible fear interview
- ICE misapplies rules of mandatory detention
- Detention conditions are unsafe or have resulted in your loved one being denied medical care
- The immigration issue is resolved but individual is still in detention
- A valid green card holder in ICE detention refused release
- A U.S. citizen detained by ICE is refused release
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What a Habeas Petition Can Accomplish
If a writ of habeas corpus is successful, it may result in a variety of positive outcomes. Your family member may be released from detention, saving them from the increasingly unsafe conditions in ICE facilities. The court may also grant them a new bond hearing so they can make their case for release. Their immigration case may be processed more quickly due to their extensive detention.
If they are required to remain in an ICE facility, the court may still step in. They can issue a court order requiring officers to provide access to appropriate medical care or stop ICE from transferring your loved one to distant facilities. The court case itself may also put pressure on authorities to offer supervised release.
A Writ of Habeas Corpus can also help free those who have been wrongfully detained. New developments among ICE officers have left many wondering, “Can you sue ICE for detaining a U.S. citizen?” While civil remedies may still be available, a writ of habeas corpus may be the fastest way to secure the release of a citizen.
What to Expect From A Habeas Corpus Lawyer
Navigating different immigration processes is inherently stressful, which is why we guide you through this process and help you know what to expect. During an initial consultation, we’ll get more information on your detention timeline, immigration history, and removal proceedings.
We’ll then move on to filing the petition in federal court. ICE is ordered to explain why they are detaining the person. Depending on the outcome of the case, the court may order release of the individual, a bond review, or improved conditions of confinement.
Time is of the essence when your loved one is living in unsafe conditions. We’re here to help.
How Immigration Spurgin Can Help
Habeas petitions require an in-depth knowledge of federal court procedures, ICE detention policies, due process issues, and the rapidity changing conditions in ICE detention facilities.
Our team’s experience challenging detention in federal court has helped many clients get relief from unsafe and illegal conditions. Don’t let ICE delay your loved one’s case indefinitely. Choose Immigration Spurgin, just call us at 915-221-2249 or contact us online now.
