Habeas Corpus is a fundamental Constitutional right, under the Suspension Clause, that a citizen and noncitizen of the U.S. can use to protect his or her individual freedom against arbitrary and lawless government action. In the context of immigration, habeas corpus is typically a remedy when someone is being unlawfully detained in a government detention center. However, physical detention is not a requirement to file habeas corpus because any restriction on liberty can satisfy the “in custody” requirement. The federal court that reviews the habeas corpus petition will determine at the point of filing if the petitioner is “in custody.”
Immigration habeas corpus petitions typically fall into two categories:
Habeas corpus petitions typically start in the federal district court that has jurisdiction over the petitioner based on their physical residence.
Federal litigation, including habeas corpus petitions, is a very complex area of federal immigration law. Talk to an SGG attorney about how long you or a loved one have been in detention, what happened at your bond hearing if you were even given one, and the potential for a habeas action given your unique circumstances.