What is it?
A Habeas Corpus petition is a federal lawsuit filed in the District Court of New Jersey against the U.S. government for the unlawful detention of an immigrant. It is the tool to challenge a detention when a person has been held too long or has no access to a bond hearing.
Who qualifies?
- People detained by ICE without access to bond.
- Prolonged detention while the case remains pending.
- Cases where an already-filed petition has “stalled” in a local court.
How we help
We sue the government directly in federal court to seek the release of the detained person. When needed, we push the case forward with emergency motions or restraining orders against the government. Our firm has the licenses and experience to litigate at the federal level, not just in immigration court.
The process, step by step
- Urgent assessment of the detention, the deadlines and jurisdiction.
- Preparation and filing of the petition in the U.S. District Court of New Jersey.
- Emergency motions or restraining orders against the government when the case requires it.
- Follow-up on the case until we seek the release of the detained person.
Documents that usually help
- Alien registration number (A-number) of the detained person.
- Place of detention and immigration case details.
- Any immigration court or ICE document you have on hand.
Frequently asked questions
It depends on the court and the circumstances, but given its urgent nature it usually moves faster than an ordinary case. In critical situations we file emergency motions.
Contact us immediately. Prolonged detention without access to bond is exactly one of the scenarios a Habeas Corpus can challenge before the federal court.