Our Immigration Services

Immigration Habeas Corpus Attorney

Has Your Loved One Been Held in Immigration Detention for Too Long? A Habeas Corpus Petition May Be an Option.

When someone is detained by immigration authorities, families often feel like they're running out of options. You may have been told to wait, but depending on the circumstances, waiting isn't always the only path forward.

A Habeas Corpus petition is a legal action filed in federal court asking a judge to determine whether the government has the legal authority to continue holding someone in immigration detention. While this legal strategy is not available in every case, it can be an important option when a person's detention has become unlawful, or their constitutional rights may have been violated.

At Saavedra & Perez Law, we represent clients in complex immigration detention matters, including Habeas Corpus litigation. If you believe your loved one's detention should be reviewed, our attorneys can evaluate the case and explain whether a Habeas Corpus petition may be appropriate.

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Immigration Habeas Corpus

When May a Habeas Corpus Petition Be an Option?

A Habeas Corpus petition may be available if one or more of the following situations apply:

Unlawful Continued Detention

Immigration authorities continue holding someone even though there may no longer be legal authority to keep them detained.

Delays That Cannot Be Justified

The government has unreasonably delayed taking action while the individual remains in custody.

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Prolonged Immigration Detention

Your loved one has remained in immigration detention for an extended period without meaningful progress in their case. This may include situations where they have been detained for months without a bond hearing, or where the Immigration Judge determined they did not have jurisdiction to consider a bond because of the person's manner of entry into the United States.

Constitutional Rights May Have Been Violated

The detention raises concerns about whether the person's constitutional rights have been violated or whether due process has been denied.

Other Complex Detention Issues

Every immigration detention case is different. A careful legal analysis is necessary to determine whether a Habeas Corpus petition is the right strategy.

If you believe one of these situations applies to your loved one, we encourage you to contact our office for a consultation.

Examples of Immigration Detention Situations That May Require a Habeas Corpus Petition

Every case is unique, but a Habeas Corpus petition may be appropriate in situations such as:

The person entered the United States without inspection, was detained by ICE, and the Immigration Judge determined they did not have jurisdiction to consider a bond hearing.
Someone continues to be detained after receiving a favorable court decision.
A person remains in custody despite significant delays in their immigration case.
Immigration authorities continue detention after the legal basis for detention has changed.
A person's constitutional rights may have been violated while in immigration custody.

Not every detention qualifies for a Habeas Corpus petition. Our attorneys carefully review the facts of every case before recommending this legal strategy.

How Can a Habeas Corpus Petition Help?

Depending on the circumstances, filing a Habeas Corpus petition may provide important legal protections.

Ask a Federal Judge to Review the Detention

A Habeas Corpus petition asks a federal judge to determine whether the government can legally continue detaining someone.

Challenge Unlawful Detention

If immigration authorities no longer have legal authority to continue holding someone, a Habeas Corpus petition may allow that detention to be challenged.

Protect Constitutional Rights

When a person's constitutional rights may have been violated, a Habeas Corpus petition provides an opportunity to ask a federal court to review those issues.

Seek Release from Immigration Detention

In some cases, a successful Habeas Corpus petition may result in a person's release or other court-ordered relief.

Every case is different, and the available legal remedies depend on the specific facts and circumstances.

Saavedra & Perez's Habeas Corpus Services Include

Immediate Case Evaluation

We carefully review your loved one's immigration history, detention timeline, court records, and the circumstances surrounding the detention to determine whether a Habeas Corpus petition may be appropriate.

Federal Court Representation

We represent our clients throughout the federal court process, responding to government filings and advocating for their rights every step of the way.

Proven Experience

Our attorneys understand that these cases often require immediate action.

Our experience includes:

Filing a Habeas Corpus petition within 24-48 hours of being hired when immediate legal action was necessary.
Obtaining an approved Habeas Corpus petition in as little as one day after filing.
Securing the release of clients from immigration detention without requiring an immigration bond in certain cases.

Preparation and Filing of the Petition

Our attorneys prepare the legal arguments, supporting evidence, and federal court filings necessary to present the strongest possible case. In most cases, we can file within 24-48 hours.

Ongoing Immigration Representation

A Habeas Corpus petition is often only one part of a larger immigration case. If you would like us to continue representing you after the habeas matter is resolved, a separate representation agreement will be required for the ongoing immigration case.

Direct Communication with the Detained Person

We communicate directly with the detained person whenever possible, so they understand what is happening, what to expect, and how we are preparing their case.

Every case is unique, and past results do not guarantee future outcomes.

Frequently Asked Questions

What is a Habeas Corpus petition?

A Habeas Corpus petition is a lawsuit filed in federal court asking a judge to determine whether the government can legally continue detaining someone.

Does everyone in immigration detention qualify?

Is a Habeas Corpus petition the same as an immigration bond?

Can a Habeas Corpus petition result in someone's release?

How quickly should I contact an attorney?

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If you believe your loved one is being held in immigration detention unlawfully or their detention has continued longer than it should, don't wait to learn about your legal options.
At Saavedra & Perez Law, we represent clients in complex immigration detention matters and federal litigation. We'll evaluate your case, explain your options, and help you determine the best path forward.

Written by

Michelle Perez

Immigration Removal Defense | Immigration Appeals | Crimmigration | VAWA | Military-Based Immigration

Michelle Perez, JD, is a founding attorney at Saavedra & Perez Law, PLLC, where she leads the firm's removal defense and immigration appeals practice. The daughter of immigrants herself, Michelle has lived this work firsthand - including personally guiding her father through the pardon process after decades-old criminal charges kept him from his home country for 58 years. Licensed in Florida with over a decade of experience, she represents clients in Immigration Court, before the Board of Immigration Appeals (BIA), and in federal proceedings, concentrating on removal defense, cancellation of removal, VAWA, waivers, and complex immigration matters involving criminal history. A member of the American Immigration Lawyers Association (AILA), she has presented at AILA panels on immigration law and client experience. Michelle is known for taking on complex, high-stakes cases and crafting creative legal arguments.