Habeas Corpus for Individuals Detained by ICE
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If you or a loved one is being detained by Immigration and Customs Enforcement (ICE), you may have the right to file a petition for a writ of habeas corpus in federal court.
Habeas corpus is a legal action that asks a federal judge to review whether a person’s detention is unlawful or unconstitutional.
When Might Habeas Corpus Be Appropriate?
A habeas petition may be helpful if:
You have been detained for a prolonged period of time.
You have not been granted a bond hearing.
ICE is delaying your immigration proceedings without explanation.
There is a risk that ICE may transfer you to a detention facility in another state.
What is a Habeas Corpus?
A habeas corpus petition is:
Filed in U.S. District Court (federal court).
Filed in the district where the person is currently detained.
Not filed in immigration court.
The petition is typically brought under the US Code Title 28 U.S.C. § 2241.
If you’re struggling to understand how the immigration system works in the U.S., we encourage you to review this image
What Can the Court Do?
If successful, a federal judge may:
Order release from detention.
Order a bond hearing.
Issue a non-transfer order.
Where Is It Filed?
A habeas petition is not an appeal of an immigration case
It does not automatically stop deportation proceedings.
It only challenges the legality of detention itself.
Because federal court litigation is very complex, consulting an immigration federal litigation attorney is strongly recommended whenever possible.
If you believe this option may apply to you or someone you know, contact a trusted legal service provider for guidance.
Important Considerations
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