What Is a Habeas Corpus Petition?
A habeas corpus petition is a federal court filing that challenges someone’s immigration detention.
It asks a federal judge:
“Is there a lawful reason to keep this person locked up?”
If not, the judge can order:
- Release from ICE custody
- Or a real bond hearing
Who Can File a Habeas Petition?
You may qualify if any of the following apply:
- You have been denied bond or told you are in mandatory detention
- You have no or minor criminal history
- You are an asylum seeker
- You have family ties in the U.S. (spouse, kids, community)
- Your removal is not happening soon
- ICE or the judge keeps saying “no” without a clear reason
There is no minimum amount of time you must be detained before asking us to review your case.
What a Habeas Petition Can Do
- Challenge unlawful or unfair detention
- Force ICE to justify why they are holding you
- Obtain release or a bond hearing
What Families Should Send Us
To start quickly, please gather:
- Full name, A-number, date of birth
- Detention facility name
- NTA copy
- Immigration judge orders
- Bond decisions (if any)
- Criminal records (if any)
- Family documents (marriage certificate, kids’ birth certificates)
Frequently Asked Question
A federal court filing that challenges your immigration detention and asks a judge if there is a lawful reason to keep you detained.
Anyone who is detained by ICE and fits conditions like denied bond, mandatory detention, minimal criminal history, asylum seeker status, strong family ties, or when removal is not happening soon.
It can challenge unlawful detention, force ICE to justify holding you, and potentially get you released or give you a real bond hearing.
Name, A-number, DOB, detention facility, NTA, judge orders, bond decisions, criminal records, and family documents.
Attorney Simran Kaur specializes in criminal defense and immigration law. Simran Kaur began her career as a prosecutor for San Joaquin County.
Quick links
Practice Areas
© Copyright 2025 Law Office of Simran Kaur. All Right Reserved