Call for a Consultation
949-478-4963
Top
Know Your Rights in Deportation & Removal Matters Our Team is Ready to Help

Habeas Corpus: Fighting Prolonged Immigration Detention

When someone loses their case in immigration court and receives a deportation order, they are detained until the government is able to deport them. When the government cannot follow through and deport the person in question, they can detain that person for prolonged, indefinite periods of time ranging from months to years. In detention, they are isolated from their community and loved ones, they cannot work so their family are often pushed into poverty, and they have no sense of when they will be released. An attorney can file a habeas corpus petition in federal court if their client has been detained for six (6) months or more with no sign of when they will be deported or released.

Immigration detention centers see people in a range of migration journeys, from those who just crossed a border seeking asylum to those who have been through many months in immigration court only to lose their case and be ordered removed. Immigration and Customs Enforcement (ICE) often will hold people in their custody for months as they arrange to deport people to a country of origin.

There are many reasons ICE might delay deportations:

  • The country of origin as a policy refuses to provide passports or travel documents to ICE in instances of deportations
  • The U.S. has an arrangement with the country of origin that only specific nationals can receive travel documents or passports
  • No state records exist for the person

If ICE does not deport someone in their custody within six (6) months after a deportation order, a client can demand custody review, and if deportation is not reasonably foreseeable, the client can be released. (Zadvydas v. Davis, 533 U.S. 678 (2001))


To schedule an initial consultation with us today, don't hesitate to contact us at (949) 478-4963.


 

Former Clients Share Their Experience We've Helped Countless Clients Achieve the Results They Needed

"TOP NOTCH Immigration Lawyer & most knowledgeable."

- Nelly

Contact Us Today

Let's Get Started on Your Case Together
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • Transgender Awareness Week: The Unique Challenges Faced by Transgender Immigrants
    • LGBT
    Read Blog
    Person holding transgender flag
  • Which Visa Is Best for Artists, Athletes & Entertainers?
    • Employment Immigration
    Read Blog
    Ballerina on stage
  • Immigration and Marriage Between Cousins
    • Immigration
    Read Blog
    Concept for UK Fiance visa or Spouse Visa
  • My I-485 Application is Delayed, What Can I Do?
    • I-485 Application,  
    • Immigration
    Read Blog
    immigration application with pen on top. delayed update
  • Violence Against Women Act Bigamy Exception
    • Green Card,  
    • VAWA
    Read Blog
    Crop close up focus of African American woman show palm hand against violence toward women
  • Eligibility for Asylum Under the UN Convention Against Torture
    • Asylum
    Read Blog
    A senior woman volunteer helping Ukrainian woman to fill in forms at asylum centre.