Habeas Corpus & Federal Court
Your family member has been in ICE custody for months and no one can tell you when they are getting out. The immigration judge said no. The government says their hands are tied. That is when we can go to federal court and ask a judge to order their release.
Detained for Months with No End in Sight?
If someone you love has been held by ICE for six months or longer without a realistic chance of removal, they may have a constitutional right to release. A federal court may be able to order release when immigration court cannot.
When Immigration Court Is Not Enough
Immigration courts have limits. They cannot hear certain claims. They cannot reach constitutional questions. And when someone is subject to mandatory detention under INA Section 236(c), the immigration judge may have no authority to grant bond at all. That is where federal court comes in.
A habeas corpus petition under 28 U.S.C. Section 2241 asks a federal district judge to examine whether the government has the legal authority to hold someone. The Supreme Court in Zadvydas v. Davis, 533 U.S. 678 (2001), held that the government cannot detain non-U.S. citizens indefinitely when there is no significant likelihood of removal in the reasonably foreseeable future. After about six months of detention following a final removal order, courts look more closely at continued detention, depending on the circumstances.
In Jennings v. Rodriguez, 583 U.S. 281 (2018), the Supreme Court clarified that immigration detention statutes do not automatically require periodic bond hearings. But the Court left open the door to constitutional challenges. That means habeas corpus remains a powerful tool for people in prolonged detention who have no other way out. We have used it for people who had been locked up for months, even years. To learn more about how these cases work, read our comprehensive guide to habeas corpus in immigration detention.
Habeas vs. Bond Hearings
Bond Hearing (Immigration Court)
A bond hearing takes place before an Immigration Judge. The judge considers whether the person is a flight risk or a danger to the community. It is the standard path to release from ICE detention for those who are eligible. But if someone is classified under mandatory detention, or if the immigration judge denies bond, the process can stop there.
Habeas Corpus (Federal Court)
A habeas petition goes to a federal district judge who can address constitutional questions that immigration courts cannot touch. It challenges the legality of the detention itself. It is the path when bond hearings are unavailable, when detention has gone on too long, or when the government is violating due process. Federal judges have the authority to order release.
What We Do in Federal Court
When the immigration system fails, federal court is the backup. These are the tools we use to protect your rights.
Habeas Corpus Petitions
Your family member has been locked up for months. ICE won't let them go. The immigration judge said no bond, or there was no bond hearing because of mandatory detention. We file a habeas corpus petition under 28 U.S.C. Section 2241 in federal court, asking a federal judge to order their release. The Supreme Court said the government cannot hold people forever. We ask the court to hold the government to that rule.
Petitions for Review
The Board of Immigration Appeals got it wrong. They denied your case or upheld a bad decision. A petition for review under INA Section 242 takes your case to the federal circuit court of appeals, where judges review the legal errors and can reverse the removal order. You have 30 days from the BIA decision to file. Do not wait.
Mandamus Actions
You filed your application with USCIS months ago, maybe years ago. Nothing. No decision, no update, no explanation. A mandamus lawsuit in federal court under 28 U.S.C. Section 1361 asks a federal judge to order the agency to act. We have sued USCIS to compel decisions on green cards, naturalization applications, and work permits that sat gathering dust.
APA Challenges
The government changed a policy and now your case is being handled differently than it should be. Or USCIS denied your application based on a rule that contradicts the statute. We challenge unlawful agency actions under the Administrative Procedure Act, asking federal courts to set aside decisions that are arbitrary, capricious, or contrary to law.
Emergency Stays of Removal
They are about to deport someone while their appeal is still pending. We file emergency stay motions before the BIA and federal circuit courts asking them to pause removal while the case is being reviewed. Filing a motion does not by itself stop removal. When hours matter, we move fast.
Petitions for Review and Emergency Stays
When the Board of Immigration Appeals denies your case, that is not the end. Under INA Section 242, you can file a petition for review in the federal circuit court of appeals where your case was decided. The circuit court reviews the legal reasoning behind the BIA's decision and can reverse it if the Board made errors of law or violated due process. Our founding attorney is admitted to practice before the U.S. Courts of Appeals for the First through Eleventh Circuits and has handled thousands of federal immigration appeals.
The critical deadline is 30 days from the BIA's decision. Missing it can seriously harm or end your ability to appeal. Do not count on an extension. If you have received a BIA denial, contact us immediately. You can learn more about the appeals process in our guide to petitions for review in federal court.
When deportation is imminent and an appeal is pending, we can file an emergency motion asking the court to stay removal while it reviews the case. Filing a motion does not by itself stop removal. Read our guide to emergency stays of removal to understand how this process works.
Key Deadlines and Facts
30 Days for Petition for Review
You must file a petition for review within 30 days of the BIA decision. Deadlines are strict; act immediately.
Prolonged Post-Order Detention
After about six months of post-order detention, courts look more closely at continued detention, depending on the circumstances.
U.S. Courts of Appeals, First through Eleventh Circuits
Our founding attorney is admitted to practice before the U.S. Courts of Appeals for the First through Eleventh Circuits.
Emergency Stay Motions
When removal is imminent, we can prepare and file an emergency stay motion quickly. Filing a motion does not by itself stop removal.
Asking a Court to Compel Agency Action
Sometimes the problem is not a bad decision. It is no decision at all. You filed your green card application, your naturalization petition, or your work permit months or years ago, and USCIS has done nothing. No approval, no denial, no explanation. Your life is on hold while the government ignores you.
A mandamus action under 28 U.S.C. Section 1361 and the Administrative Procedure Act asks a federal judge to order USCIS to adjudicate your case within a specific timeframe. We have filed these suits for people who waited years for decisions that should have taken months.
We also bring APA challenges under 5 U.S.C. Section 706 when the government denies an application based on a policy that contradicts the law, or when an agency changes its rules without following proper procedures. Federal courts have the power to set aside agency actions that are arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. If the government is breaking its own rules, we hold them accountable.
How Federal Court Cases Work with Us
Federal litigation is not like immigration court. The rules are stricter, the standards are higher, and the stakes are real. Here is how we handle it.
We Evaluate Your Federal Court Options
Not every case belongs in federal court. We look at the facts, the law, and the procedural history to determine whether habeas, a petition for review, mandamus, or an APA challenge gives you the strongest path forward. We are honest about what works and what does not.
We Build the Federal Case
Federal courts demand precision. We draft the petition or complaint, compile the administrative record, research the controlling case law in your circuit, and prepare declarations and exhibits that support every argument. Nothing gets filed until it is ready.
We File and Litigate
We file in the correct federal court with proper jurisdiction. If the situation is urgent, we request expedited review or emergency relief the same day. We handle the government's response, reply briefs, and oral argument if the court schedules one.
Following the Case Through Court
Federal litigation does not end with filing. We track the case, respond to court orders, negotiate with government counsel when appropriate, and push for a resolution. We follow the case through the court process and monitor compliance with any order.
The Government Says No. We Go Higher.
You have been carrying this alone long enough. Whether it is prolonged detention, a denied appeal, or a case that USCIS will not decide, federal court exists to hold the government accountable. Call us and we will tell you if you have a case.