Recent immigration changes from the Trump administration have resulted in a higher number of noncitizen detentions than in the past. If you or your loved one has been unlawfully detained due to immigration matters, the Jacksonville immigration lawyers from Mendoza Law can help.
We can help you file a habeas corpus petition to challenge the unlawful detention and protect your rights. We have extensive experience in federal litigation and understand how to navigate the US’s complex and opaque immigration system. We have advocated for over 100,000 clients and are devoted to securing justice for noncitizens under illegal detention.
Contact our offices today to learn more about how a habeas corpus lawyer in Jacksonville can help you.
What is Habeas Corpus, and How Does It Work in Immigration Law?
Habeas corpus is a fundamental constitutional protection that allows individuals to challenge their detention. Under habeas corpus, someone imprisoned by the government can file a petition asking a judge to review their detention. The point of a habeas corpus action is to determine whether the government has the legal authority to detain you.
In immigration law, habeas corpus can be used to challenge unlawful detentions. If your loved one has been arrested and is pending a final removal, a lawyer can help them file a writ of habeas corpus to challenge their detention.
The current framework governing habeas petitions in US immigration cases was set in the 2001 Supreme Court Case Zadvydas v. Davis. In this case, the court ruled that the government cannot indefinitely detain noncitizens when there is no realistic prospect of removal.
Who Can File a Habeas Corpus Petition?
If your loved one has been arrested by immigration authorities and any of the following conditions are true, they may be able to file a habeas corpus petition to challenge their detention:
- They’ve been held in detention for more than six months. The court’s decision in Zadvydas held that the government has a presumptive six-month limit for detentions when a final removal order has been issued.
- They are being held in poor detention conditions. A habeas petition can be filed if your loved one is being held in detention conditions that violate federal standards.
- They’ve been denied a bond hearing. Your loved one may also be able to file a petition if they’ve been denied bond or bond has been set at an amount that’s impossible to attain.
- They’re a legal immigrant and have been unlawfully arrested. Immigrants who hold valid Green Cards, T visas, or U visas can petition that their detention is not justified.
General habeas petitions can be filed in either a state court or a US federal court, but immigration petitions are filed in federal courts. Generally, a detainee must exhaust all other administrative remedies (e.g., appeals) before they can file a habeas petition.
A federal habeas petition can be filed at the nearest district court. For Jacksonville, that would be the United States District Court for the Middle District of Florida.
What Happens After Filing a Habeas Corpus Petition?
When you file a habeas corpus petition, a federal judge will review it. After filing, the court will order the government to respond, and timelines vary depending on the case.
If the judge finds that the detention was invalid and grants your petition, one of two things will happen:
- The judge will schedule a bond hearing. If the petition is granted, the court may order relief such as a bond hearing or release, depending on the circumstances. During this hearing, a judge will set bond terms and determine the individual’s flight risk.
- The judge will order immediate release. The judge may also order the immediate release of the individual. This may be the case if the judge determines that the government had no lawful right to detain the individual.
Reasons for Denying a Habeas Corpus Petition
Federal judges can reject habeas petitions for several reasons, including:
- Failure to exhaust remedies. In most cases, one must first exhaust all other administrative remedies before one can file a habeas petition.
- Detention is lawful. A judge might deny a habeas petition if they rule that the detention complies with immigration law.
- Detention duration is short. If the individual has been detained for less than six months, the judge might hold that the detention has not been unreasonably long.
- Errors in the petition. Habeas petitions can be denied for procedural errors, such as filing in the wrong court or writing in the wrong respondent.
Contact a Jacksonville Habeas Corpus Lawyer
Noncitizens in the US have rights and are entitled to seek legal counsel for their immigration matters. The attorneys at Mendoza Law are fierce advocates for migrant communities and will work tirelessly to help immigrants and their families avoid government overreach and rights violations.
Contact our offices today to speak to a habeas corpus lawyer in Jacksonville.