What Is a Habeas Corpus Petition in Immigration?

Written By Noelle Sharp

Category: Federal Litigation

A habeas corpus petition challenges unlawful immigration detention.
It is filed in federal district court and may be appropriate when:

  • ICE refuses to schedule a bond hearing

  • You’ve been detained too long

  • DHS is using the wrong detention statute

  • Due process rights have been violated

A successful habeas petition can lead to:

  • A bond hearing

  • Immediate release

  • Review of detention classification

Noelle Sharp
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