What Is a Habeas Corpus Petition?

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A Writ of Habeas Corpus is one of the most powerful legal remedies available to challenge the government’s authority to detain a person. The term comes from Latin, meaning “you shall have the body.” In the immigration context, a Habeas Corpus petition allows a person who is being unlawfully detained by ICE or other immigration authorities to ask a federal judge to review the legality of their detention and, when appropriate, order their release.

This process is not handled through USCIS or the immigration court system — it is a federal court action based on constitutional and statutory rights.

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When Habeas Corpus May Apply

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A Habeas Corpus petition may be appropriate in circumstances such as:

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• Prolonged ICE detention without a bond hearing or decision

• Denial of a bond hearing where the person has a right to one

• Unreasonable delay in deportation or removal after an order has already been issued

• Unlawful detention of asylum seekers or individuals with pending legal claims

• Detention based on serious due process violations

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Each case is unique, and filing a Habeas Corpus petition requires careful analysis of the individual’s immigration history, detention status, and federal jurisdiction.

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Our Experience and Federal Court Admission

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The attorney in our firm is licensed to practice before the U.S. District Court for the Western District of Washingtonand is experienced in filing Habeas Corpus petitions on behalf of clients held in immigration detention.

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This area of practice is highly specialized, combining immigration law, constitutional rights, and federal litigation procedure. Few immigration practitioners handle habeas cases, as they require both technical knowledge and strategic federal court advocacy. Our firm provides this service to ensure that detained immigrants have access to the full protections of U.S. law.

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Why This Work Matters

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A Habeas Corpus petition can be the final and most powerful remedy for individuals who have been detained for long periods or denied bond hearings. Through this process, the attorney seeks to protect the client’s constitutional rights, challenge unlawful government action, and reunite families separated by immigration detention.

If you or someone you know is being held in ICE custody for an extended period, contact our office to discuss whether a Habeas Corpus petition in federal court may be an appropriate and effective option.