Immigrants who’ve been detained by ICE need an immigration lawyer they can trust to fight for their rights. A habeas corpus lawyer in Mesa from Mendoza Law can challenge unlawful detentions and prolonged custody through federal litigation.
We have over 100 years of combined legal experience helping immigrants live the American dream. Our firm focuses on high-level strategies to aid migrant families through their immigration worries. We have served over 100,000 clients and are here to help you next.
Contact our offices online or call us to speak to an immigration lawyer in Mesa. Time is of the essence in habeas cases, so don’t hesitate to reach out today.
What Is a Habeas Corpus Petition?
A habeas corpus petition is a federal litigation action that individuals can file asking a judge to review their immigration detention. A habeas corpus petition is a formal request for the government to justify its prolonged detention of a person.
A habeas corpus petition can be filed in any case involving detention, but it’s a special tool for immigrants who have been detained by ICE and immigration officials. A habeas corpus petition asks a judge to look at the legal justification for detention and determine whether it’s lawful or unlawful.
Habeas corpus actions have been part of the Western legal tradition since the Middle Ages and are a fundamental legal right of the American justice system. Anyone who has been detained for a crime in the US can file a habeas petition to question their detention, regardless of whether they’re a citizen or not.
Who Can File a Habeas Petition and When?
Any non-citizen who has been arrested and detained by immigration authorities can file a habeas corpus petition under the following conditions:
- Detained for more than six months. Under current legal frameworks, the government has a six-month timeline to remove someone from the country after a final removal order. If someone has been detained longer than that, they can file a habeas petition.
- Denied bond hearing. Another reason to file a habeas petition is if the individual has been denied a bond hearing or had their bond set unreasonably high.
- Poor detention conditions. Habeas corpus petitions have sometimes been granted to challenge poor conditions in detention centers.
- Unlawful detention. Anyone who’s been arrested by immigration authorities and has legal immigration status (e.g., K1 visa, TPS, T visa, U visa, etc.) can file a habeas petition to challenge the detention.
Process of Filing a Habeas Corpus Petition
Habeas petitions are filed in federal courts, so in Mesa, the appropriate location would be the Phoenix Division of the U.S. District Court for the District of Arizona. Detainees must generally exhaust all other remedies before they can file a petition.
If a judge grants your petition, two things can happen:
- Judge schedules a bond hearing. The most common outcome of the process is that the judge will set a date for a bond hearing. This hearing will set the individual’s bond terms and determine their flight risk.
- Judge orders immediate release. Alternatively, the judge might order immediate release. This may be the case if the judge determines the individual is being held unlawfully.
There are several reasons why a court might reject a habeas petition, including:
- The detainee did not exhaust all other remedies.
- The detention duration is too short and doesn’t reach thresholds established by the courts.
- The detention is lawful and complies with existing immigration law.
- The petition has factual errors or wasn’t filed in the appropriate court.
How a Lawyer Can Help
A Mesa habeas corpus lawyer can help challenge unlawful immigration detention. There are several ways that we can help:
- Filing petitions. Most importantly, we can file a habeas corpus petition to trigger judicial review of the detention.
- Seeking release. We can request a release or a bond hearing and argue for your reliability and community ties.
- Reviewing immigration documents. Our attorneys can gather and organize your immigration documents and relevant personal information.
- Challenging court errors. We can investigate your detention and look for evidence of procedural or judicial errors on the part of ICE or immigration judges.
- Making other immigration actions. We can also coordinate a habeas corpus petition with other immigration actions, such as claiming asylum or adjustment of status.
Our guidance can give detained immigrants a voice and make the difference between continued detention and freedom.
Contact a Habeas Corpus Lawyer Today
At Mendoza Law, we understand the difficulties migrants and their families face. As the child of immigrant parents, lead attorney Maria Mendoza has dedicated her life to fighting for the rights of individuals and their families. We can be your legal advocate and help you navigate the US immigration system and address errors and rights violations.
Contact our offices online or call today to schedule an appointment with a habeas corpus lawyer in Mesa.