Challenging Unlawful ICE Detention Through Habeas Corpus
If you or a loved one is being held by Immigration and Customs Enforcement (ICE), you may feel trapped and unsure of what to do next. A Habeas Corpus petition can be a powerful way to challenge unlawful detention and ask a federal court to review your case.
Nicholas Pagliara LLC only provides direct legal representation in Habeas Corpus cases for immigrants detained in New York state. Petition drafting services are available to detained immigrants across the United States.
What Is a Habeas Corpus Petition?
“Habeas Corpus” is a legal action that asks a federal court to review whether a person is being held in custody lawfully. In plain language, it is a way to ask a judge: “Does the government have the legal right to keep this person locked up?”
Immigration law is mostly handled in immigration courts and before the Board of Immigration Appeals. However, detention by ICE can also be reviewed by federal courts through Habeas Corpus petitions. This is part of your rights under federal law and the U.S. Constitution.
For immigrants held in ICE detention, a Habeas Corpus petition can be used to challenge detention that is prolonged, not properly justified, or based on legal errors. It focuses on the legality of the detention itself, not on every part of the underlying immigration case.
Who May Need a Habeas Corpus Petition for ICE Detention?
Not every person in ICE custody needs a Habeas Corpus petition. While every case is different, people in the following situations may want to speak with an attorney about habeas corpus:
- Prolonged detention for many months either during immigration proceedings or after a removal order
- Unfair denial of release by an immigration judge or the Board of Immigration Appeals
- Detained at ICE Check-in after reporting for years
- Ordered release by an immigration judge but denied release because of appeal by Department of Homeland Security
- No ability to request bond in immigration court
- Detention of person with legal status in the United States
A Habeas Corpus petition does not replace other options, such as bond requests, appeals, or motions in immigration court. Instead, it is one more tool that may be available when detention appears unlawful or unreasonably prolonged.
Who Can Nicholas Pagliara LLC Represent in Habeas Corpus Petitions?
Nicholas Pagliara LLC is currently only admitted in federal district courts in the state of New York. Federal law requires that a Habeas Corpus petition be filed in the federal district where the detained person is physically held. This is known as the “district of confinement” rule. Because of this rule, we can only file Habeas Corpus petitions and provide direct representation for noncitizens who are currently detained within the state of New York.
If your loved one is detained outside of New York, Nicholas Pagliara LLC may still be able to advise you or produce a petition that you file yourself pro-se. Contact us to discuss your situation.
Frequently Asked Questions About Habeas Corpus
How quickly should we act if someone is detained by ICE?
If you or someone you love is detained, you should act as quickly as possible. Nicholas Pagliara LLC currently can only provide direct representation in Habeas Corpus petitions for immigrants detained in New York state. The laws and judges in New York state are much more favorable to immigrants than laws in other states. If you wait to act, you or your loved one may be removed or transferred to an unfavorable state.
Is a Habeas Corpus petition the same as an immigration bond hearing?
No. An immigration bond hearing is a request to an immigration judge to release someone while removal proceedings are pending. A Habeas Corpus petition is filed in federal court and challenges the fact of detention itself — whether the government has the legal authority to keep someone locked up. They serve different purposes and are filed in different courts.
Can a Habeas Corpus petition get someone released?
Yes. In some cases, a successful Habeas Corpus petition results in a court ordering ICE to release the person, either outright or on bond. The outcome depends on the specific circumstances of the detention.
How long does the Habeas Corpus process last?
Depending on the circumstances, the process can last anywhere from a few days to several months. We will provide an estimate based on the specific circumstances of your case.
Can Nicholas Pagliara LLC work with immigrants detained outside of New York state?
Yes and no. The firm is set up to provide remote consultations and handle cases for clients across the country, but the “district of confinement” rule prevents the firm from filing cases for immigrants detained outside of New York state. Nicholas can still provide writing and research assistance on a case-by-case basis for immigrants detained outside of New York. Please schedule a consultation to determine how Nicholas can help you.
Start Your Habeas Corpus Consultation
If you or a loved one is being held in ICE detention, you do not need to face this alone. A consultation with Nicholas Pagliara LLC can help you understand whether a Habeas Corpus petition may be an option, what the process involves, and what to expect.
During the consultation, you can ask questions, share your concerns, and receive clear information about your situation. There is no obligation to move forward, and you can take time to decide what is best for you and your family.
To get started, use the contact form, call or email to request an online appointment. Remote legal services make it possible to work with the firm from anywhere.