Writ of Habeas Corpus

For Immigration (Alien) Detainees

At Jax Law Offices, we represent detained immigrants and their families in federal habeas corpus actions seeking release from immigration detention. When a loved one is being held without a bond hearing, for an unreasonably long period of time, or in violation of the law, a Writ of Habeas Corpus can be a powerful legal tool.


What Is a Writ of Habeas Corpus?

A Writ of Habeas Corpus is a legal action filed in federal court that challenges the government’s authority to detain a person. In the immigration context, it asks a federal judge to review whether ICE or DHS is lawfully holding a noncitizen and whether continued detention violates the Constitution, federal statutes, or due process rights.

In simple terms, it is a way to tell the court:

“The government must justify why this person is still being detained.”

If the court finds the detention unlawful, it can order:

Do I Qualify?

Click each item to expand. This is a screening tool only — every case is fact-specific.

Important: This checklist is for general informational purposes and does not constitute legal advice. Eligibility depends on detention length, procedural history, custody authority, and constitutional factors.
Clickable Checklist
Detained for a prolonged or unreasonably long time?
Long detention without meaningful review may support federal habeas relief.
Gather dates: detention start date, court/BIA milestones, continuances, and any custody determinations.
Held without a bond hearing (or bond unavailable)?
Some detainees are held without bond depending on custody authority.
Note whether ICE is claiming mandatory detention, and whether any custody redetermination was requested or denied.
Detained after completing a criminal sentence?
Post-sentence ICE detention can be challenged if prolonged or unlawful.
Collect release date from criminal custody and date ICE assumed custody (or lodged detainer).
Final order but removal is not reasonably foreseeable?
Where deportation is not likely soon, continued detention may be challenged.
Document travel document issues, consulate communications, and government delays.
Proceedings are delayed, repeatedly continued, or stuck in backlog?
Prolonged delay while detained can strengthen due process arguments.
Note the posture (MCH/IH/BIA), causes of delay, and any government continuances.
Serious medical, disability, or humanitarian concerns?
Health/vulnerability can be relevant for expedited relief and conditions claims.
Gather diagnoses, medication list, facility requests, and any evidence of inadequate care.

URGENT — Detained

If your loved one is currently detained, time matters. Use the detention intake below and mark it urgent.

Urgent Tip: Include the detention facility, A-Number (if known), detention start date, and next hearing date. If there is a medical emergency, state that clearly in the summary.

Detention Intake Form

For habeas/detention screening. Please limit sensitive details until representation is confirmed in writing.

Important Notice: Contacting our office does not create an attorney-client relationship. An attorney-client relationship is formed only after a consultation and a written agreement is signed.

Primary Contact

Detainee Information

Urgency
Call 833-CAL-JAXX General Contact

Do not submit highly sensitive personal data (SSNs, bank info, etc.) until representation is confirmed. SMS/email not guaranteed secure.

Important Notice: A Writ of Habeas Corpus is a complex federal legal action and is not appropriate for every detained individual. Filing does not guarantee release, and outcomes depend on the specific facts and legal posture of each case.