Get Your Loved One Out Of ICE Detention: Habeas Corpus Relief

ICE routinely claims people are "mandatory detainees" who have no right to a bond hearing — even when this is legally wrong. Mandatory detention categories are narrower than ICE pretends. Many people who are told they can't get bond actually can.

Habeas corpus allows us to challenge the mandatory detention classification directly in federal court. We have successfully argued that ICE misapplied the mandatory detention statute, securing bond hearings for clients who were told they had no options. Federal judges are not bound by immigration judges' rulings.

Even when bond is granted, immigration judges sometimes set it at $25,000, $50,000 or more — amounts that make release impossible for working-class families. This creates a de facto detention even when bond is technically available.

We file habeas petitions arguing that an excessively high bond violates due process. Federal courts have authority to order bond be reduced to a reasonable amount based on actual flight risk and danger factors. We present compelling evidence of community ties and argue that the bond amount is punitive rather than protective.

ICE and some immigration judges argue that a criminal record automatically defeats habeas relief. They claim that anyone with a conviction has no constitutional rights regarding detention — which is simply not true under federal law.

Even people with criminal records have constitutional rights. The length of detention, the adequacy of bond proceedings, and due process violations can all be challenged in federal court regardless of criminal history. We analyze the specific conviction and identify every available argument for release.

ICE routinely transfers detainees to remote facilities — sometimes across the country — to make legal access difficult and family support impossible. Distance makes everything harder: finding an attorney, gathering evidence, maintaining family contact.

We represent clients in detention facilities across New Jersey, Pennsylvania, and New York — and can file habeas petitions on behalf of clients detained anywhere in the country. We handle everything remotely when necessary. We also challenge improper transfers that violate ICE detention standards.

Many families believe that once an immigration judge denies bond, all options are exhausted. They assume the system has spoken and there is nothing left to do. This is a dangerous misunderstanding that keeps people detained.

Federal habeas courts are completely independent from immigration courts. A federal judge is not bound by an immigration judge's bond decision. We have secured release for clients whose bond was denied multiple times by immigration judges — by bringing the constitutional challenge directly to federal court.

Immigration cases can take years. People detained while waiting face indefinite imprisonment without a final decision. Under Supreme Court precedent, prolonged detention without adequate justification violates the Constitution — but ICE continues to hold people anyway.

The Supreme Court has established that indefinite detention without a bond hearing violates due process (Zadvydas v. Davis, Rodriguez v. Jennings). We file habeas petitions specifically challenging prolonged detention and have secured release for clients held for 18 months, 2 years, and even longer.