IMMpact Litigation is a team built from three different respected law practices across the U.S. Our attorneys realized the power of what we can achieve together when we combine resources to bring high-level immigration litigation to court, including challenges to unlawful detention under habeas corpus.
The circumstances under which an immigrant can be detained by federal immigration officials are complicated, and government agencies have often run afoul of the regulations. In some cases, detainees are held legally but subjected to constant transfers between facilities. It is easy to feel hopeless in this situation, though there are sophisticated legal maneuvers that can help certain people who are being wrongfully kept in custody.
Habeas corpus is a fundamental right under Article I of the United States Constitution. This is the right to protect yourself from lawless action by the government that impedes your individual freedom. The Latin phrase habeas corpus means “you have the body,” and it is a legal mechanism to prevent further unlawful detainment of someone. You must file the proper paperwork in the proper court seeking to have someone in arbitrary custody brought before a judge so they can have a trial.
Habeas corpus is used in the immigration context when someone compels United States Immigration and Customs Enforcement (ICE) to bring an individual in detention before an immigration judge. Too often, ICE holds people in custody with no legal basis. Many people in this situation do not realize there are options to have their case reviewed by the immigration court.
There are two main types of habeas corpus claims:
We can help determine which federal court has jurisdiction over you and file the proper petition. This is a highly complex type of case, so you should seek help from an attorney with experience handling federal immigration litigation.
We can review the reasons for your detention and what happened at your bond hearing (if you were given one), and then advise whether a habeas corpus petition is the appropriate tool.
Our team of attorneys knows that being arrested and detained by ICE is a terrifying experience. We also know that ICE officers do not always follow the rules, and this might result in extended detention with no justification or chance to have a day in court. We know how to get detained individuals before the court, so they do not remain lost in the immigration system.
Some immigration cases require complicated legal maneuvering, including filing litigation in federal court. At IMMpact litigation, our skilled immigration lawyers have joined together from three different law firms so we can best pursue complex litigation to protect the rights of those detained by ICE.