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Worried About ICE Arrest
Have an ICE check-in coming up, received a notice, or worried a past case puts you at risk? Get your documents and family contacts organized first.
See How to PrepareYou or a Family Member Is in ICE Custody
Confirm the name, A-number, arrest date, and detention location. If you can’t confirm these yet, call us anyway.
Get Emergency HelpWhat Is a Writ of Habeas Corpus?
A writ of habeas corpus is a petition filed in federal district court asking the court to review whether the government is lawfully detaining a person. For someone held by ICE, it is a separate legal path, outside immigration court, to challenge the detention itself.
Situations Worth Evaluating
For example: prolonged detention without a bond hearing; an immigration judge finding no authority to hear bond; detention grounds or procedures that may violate due process; or a detained person who may be a U.S. citizen or hold lawful status. Whether it applies depends on an attorney’s review of the specific case.
What the Court May Order
Depending on the facts, the court may order release, require a bond hearing within a set time, or deny the petition. Habeas corpus addresses whether the detention is lawful; it does not decide the outcome of the immigration case itself.
Gather Information
Confirm the name, A-number, detention facility, and how the detention and proceedings have unfolded.
Attorney Review
We review the basis for detention, any bond history, and the immigration case to determine the right approach.
File in Federal Court
The petition is usually filed in the federal district where the person is detained; emergency relief may be requested at the same time if needed.
Government Response and Ruling
The court usually orders the government to respond by a deadline before ruling; timing varies by court and case.
Frequently Asked Questions
How is habeas corpus different from bond?
Bond is generally decided by an immigration judge in immigration court. Habeas corpus is filed in federal district court and reviews whether the detention itself is lawful. The two may proceed one after the other or at the same time; your attorney will decide the order based on the bond history.
Will the person be released right after filing?
Not necessarily. The court needs time to review, and the result may be release, an order for a bond hearing, or denial. We cannot guarantee an outcome, but we evaluate and act as quickly as possible.
Can a family member file on the person’s behalf?
The petition is usually filed in the detained person’s own name through an attorney. In some cases a family member may file as a “next friend.” The most important thing family can do is provide the detained person’s information and contact an attorney quickly.
Does it matter if the person is transferred to another state?
Yes. The detention location affects which federal court the petition should be filed in. ICE may transfer detained people, so confirming the location and contacting an attorney early is important.
Can habeas corpus stop a deportation?
Habeas corpus mainly addresses the lawfulness of detention and usually does not replace an appeal of the removal order or other immigration proceedings. If removal is a risk, your attorney will assess whether other emergency steps are needed at the same time.
This page provides general legal information, not legal advice about any specific case; laws and court practices may change. Viewing this page, calling, or submitting information does not by itself create an attorney–client relationship.
Not sure which applies? Call us.
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