Mendoza Law offers targeted representation for anyone seeking a habeas corpus lawyer in Miami. Our Habeas Corpus lawyer in Miami handles Florida postconviction motions, federal habeas petitions, and immigration detention challenges for people held in Miami-Dade and across South Florida.
A habeas petition asks a court to review whether the government has lawful authority to keep someone in custody and, when warranted, to order release, a hearing, or adjusted conditions.
Our immigration lawyers in Miami review the record, pinpoint viable grounds, and file in the court that has the power to act, including the Eleventh Judicial Circuit and the United States District Court for the Southern District of Florida. Contact Mendoza Law to request a case review and start a plan that matches your circumstances.
What Habeas Corpus Means in Miami Courts
Habeas corpus tests the legality of custody. In the Miami area, cases arise in several settings that call for different forums and remedies. Understanding the posture of the case helps determine where to file and what relief to request.
- Florida state custody after conviction, probation or parole custody, or pretrial detention.
- Federal criminal custody at facilities such as the Federal Detention Center (FDC) in Miami.
- Civil immigration detention at Krome Service Processing Center or other South Florida sites.
Relief may include release, a bond hearing, a new trial, resentencing, or modified conditions. A direct appeal addresses trial errors appearing in the record, while habeas focuses on constitutional or statutory problems that affect custody.
Venue depends on custody status and claim type, often the Eleventh Judicial Circuit for Miami-Dade or the federal district where the person is confined.
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Who Our Miami Habeas Corpus Attorneys Help and Where Cases are Filed
Habeas petitions often turn on location. Courts look to the district of confinement, the court of conviction, or both, depending on the claim. Our Habeas Corpus attorneys in Miami represent people held in Miami-Dade and nearby federal or immigration facilities, and we work with families when the detained person cannot act on their own.
- Turner Guilford Knight Correctional Center, Metro West Detention Center, and the Richard E. Gerstein Justice Building lockup.
- Federal Detention Center (FDC) Miami and other federal facilities within the Southern District of Florida.
- Krome Service Processing Center and additional Department of Homeland Security facilities used for civil immigration custody.
Filing in the correct venue helps the court reach the claim promptly. When cases cross state lines or involve detainers from another jurisdiction, we coordinate with out-of-state counsel to align relief.
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Common Grounds For Relief Our Habeas Corpus Attorneys Can Explore
Each petition must rest on record-supported claims. The following grounds appear frequently in Miami habeas practice and should be evaluated against transcripts, filings, and exhibits before filing.
- Ineffective assistance of counsel that affected the outcome of a plea or trial.
- Newly discovered evidence that due diligence would not have uncovered earlier, and that would likely change the result.
- Brady violations involving suppression of favorable, material evidence.
- Jurisdictional defects, involuntary pleas, double jeopardy, or sentences beyond statutory limits.
- Unlawful denial or excessiveness of bail, or violations that impair speedy trial rights.
- Immigration detention that is prolonged without a bond hearing or that continues after a final order when removal is not reasonably foreseeable.
Not every error supports habeas relief. The petition should present focused issues with supporting exhibits and sworn statements where appropriate.
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Process, Evidence, and Hearings
A clear process improves the chance of a timely ruling. We begin by confirming custody status, deadlines, and the correct forum. Evidence development then drives the claims and the requested remedy.
- Collect court records, dockets, plea forms, transcripts, prior motions, and jail or detention records.
- Seek declarations, investigator reports, and expert opinions when they materially advance a claim.
- Organize exhibits so the court can identify the violation and the relief requested with minimal delay.
When material facts are disputed, we request an evidentiary hearing in the Eleventh Judicial Circuit or the United States District Court for the Southern District of Florida. If relief is denied without a hearing, we assess rehearing and appeal to the Third District Court of Appeal or the United States Court of Appeals for the Eleventh Circuit.
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Deadlines, Strategy, and Bail
Timing rules matter because late filings can foreclose relief. A thorough intake maps state and federal clocks and identifies tolling events before the petition is drafted.
- Federal habeas for state convictions usually carries a one-year limit under the Antiterrorism and Effective Death Penalty Act (AEDPA), often measured from finality of the judgment. Properly filed state postconviction motions can toll the period, and alternate start dates or equitable tolling apply only in narrow settings.
- Florida Rule 3.850 generally has a two-year filing period from final judgment, with exceptions for newly discovered evidence and retroactive rights. Florida Rule 3.800(a) may be filed at any time to correct an illegal sentence, and Rule 3.800(b) preserves sentencing error during a direct appeal.
- Federal review of section 2254 claims is deferential and often requires a Certificate of Appealability to pursue an appeal.
Bail challenges proceed faster than postconviction claims. Judges weigh flight risk, potential danger, and the strength of the evidence when setting or reviewing bail. A focused record can support reduction, monitored release, or a new hearing when the original decision lacks support.
Immigration Detention Habeas in South Florida
Immigration detention is civil custody administered by the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE). District courts consider whether detention is lawful under statute and constitutional principles. The petition should explain the length of custody, the status of removal efforts, and any prior bond decisions.
- Request a bond hearing after prolonged detention when no hearing has been provided.
- Seek release or a new hearing when removal is not reasonably foreseeable after a final order.
- Correct a statutory interpretation that leads to detention not authorized by law.
These petitions do not ask the court to terminate removal proceedings or vacate criminal judgments. When a state conviction drives custody, progress in state postconviction court can change the detention analysis, so coordination across forums is important.
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Custody moves quickly, and relief depends on clear claims, proper venue, and timely filings. If you or a loved one is held in Miami-Dade or a nearby federal or immigration facility, Mendoza Law can review the record, select the right remedy, and file in the court that has authority to act.
Contact Mendoza Law to request a case review and begin a focused strategy for release, a hearing, or other tailored relief.
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