Detained

If you or a loved one are detained by ICE in California, our office may be able to seek your release by filing a petition for a writ of habeas corpus in federal court. We are admitted in all federal court districts in California.

In many cases we also file an emergency motion for a temporary restraining order (“TRO”) with the habeas to expedite release.

Some of the common situations in which a habeas/TRO may work to free someone from custody include:

  • A person was paroled or released on own recognizance at the border and then later arrested by ICE.
  • A person entered the U.S. without inspection (without a visa or other papers) and then went to a USCIS interview and was arrested by ICE.
  • Cases of prolonged detention in ICE custody.
  • Cases where a person has been granted withholding of removal or CAT and the government re-detains them to try to send them to a third country.

There may also be other scenarios where a habeas petition can help.

At Risk of Detention

It is also possible to prepare a habeas in advance of an ICE check-in or USCIS interview so that the habeas can be filed immediately if a person is detained. In some circumstances, it may also be possible to file a habeas prior to detention. Our office can talk to you about whether these options make sense in your case.

Contact Us – Free Consultation

If you would like to consult with us about help with a habeas petition, please contact our office with the following information about the detainee:

  1. Date of entry to the U.S. and how entered
  2. Date of recent ICE detention and location of recent detention
  3. Name of facility where currently detained.
  4. List of any applications filed with the immigration agency or court and status of application
  5. List of any criminal arrests

If you have any of the following paperwork, please attach it to the email: Notice to Appear, Form I-213, Parole paperwork, ICE supervision/Check-in paperwork, copy of “work permit,” any other paperwork related to your immigration case.