FEDERAL HABEAS CORPUS LAWYER FOR ICE DETENTION
Challenging Unlawful Immigration Detention in Federal Court
Kerben Law Firm regularly files federal habeas corpus petitions across the United States and has successfully secured the release of numerous individuals detained by ICE.
When time matters, a federal judge can order:
• Immediate release
• A new bond hearing
• Other legal relief
Was Someone You Care About Arrested by ICE?
We challenge unlawful ICE arrests and detention in federal courts across the United States. Emergency consultations available 24/7.
- Nationwide Federal Habeas Corpus Representation
- Rapid Federal Court Challenges to ICE Detention
- Release Obtained Despite Bond Denials, Removal Orders, or Criminal Records
- We’ve Helped Thousands of Immigrants Facing Deportation
- Hablamos Español
RECENT FEDERAL HABEAS VICTORIES
- Immediate release from ICE detention
- Court‑ordered bond hearings
- Judicial review of unlawful arrests
- Relief from prolonged immigration detention
Segundo E. v. Lowe
Middle District of Pennsylvania (M.D. Pa.)
Presiding: Judge Keli M. Neary
The Court granted the habeas petition and ordered the petitioner’s immediate release, ruling that detention under 8 U.S.C. § 1225(b)(2) was unlawful because he was arrested in the interior and had not been given an individualized bond hearing under § 1226(a). The Court also barred ICE from re-detaining him.
Hayden G. v. Lyons
Eastern District of New York (E.D.N.Y.)
Presiding: Judge Sanket J. Bulsara
The Court granted the habeas petition and ordered the petitioner’s immediate release, holding that ICE lacked authority to arrest him because it issued a warrant before serving a Notice to Appear (NTA), and further finding that ICE violated due process by failing to make an individualized custody determination prior to or contemporaneous with his arrest.
Karla P. v. Lyons
District of New Jersey (D.N.J.)
Presiding: Judge Christine P. O’Hearn
The Court granted the habeas petition and ordered the petitioner’s immediate release, ruling that detention under 8 U.S.C. § 1225 was unlawful because she was apprehended in the interior and should have been processed under § 1226 with an opportunity for a bond hearing. The Court also barred ICE from re-detaining her under § 1225 and limited any future detention.
Dennnis M. v. Lyons
Eastern District of New York (E.D.N.Y.)
Presiding: Judge Nusrat J. Choudhury
The Court granted the habeas petition and ordered the petitioner’s immediate release, ruling that ICE violated court orders by transferring him out of the district and requiring his return before release. The Court also barred ICE from relying on § 1225 to deny bond absent changed circumstances.
Moises T v. Noem
Western District of New York (W.D.N.Y.)
Presiding: Judge Andrew W. Moeller
The Court granted the habeas petition and ordered the petitioner’s immediate release following a decision on the merits, concluding that relief was warranted after the issues were heard by the Court.
ERIKA R. v. Almodova
Eastern District of New York (E.D.N.Y.)
Presiding: Judge Nusrat J. Choudhury
The Court granted the habeas petition and ordered the petitioner’s release, ruling that she could not be detained under § 1225 without a change in circumstances. The Court also barred ICE from denying bond on that basis in future proceedings.
When Immigration Court Cannot Help, Federal Court Can
In recent years, immigration enforcement policies and changing interpretations of detention law have made it increasingly difficult for many detained individuals to obtain release through immigration court alone.
In some cases, immigration judges may conclude that a detainee is not eligible for bond, or government policy may restrict the court’s authority to order release.
When that happens, a federal habeas corpus petition may allow a federal judge to review whether the arrest and continued detention are lawful.
WHY ACTING QUICKLY MATTERS
One of the most important factors in detention cases is speed.
After an arrest, ICE often transfers detainees to detention facilities in other states, sometimes within days.
These transfers can move a case into different federal court jurisdictions, including jurisdictions that may be more favorable to the government.
Filing quickly may help ensure the case is heard in the federal court where the arrest occurred.
SITUATIONS WHERE HABEAS CORPUS MAY APPLY
Federal courts often intervene when immigration detention raises serious legal concerns.
Common examples include:
Arrests Without a Judicial Warrant
ICE arrests are often based on administrative warrants rather than warrants signed by a judge.
Routine Immigration Activity
Individuals detained outside immigration court, during routine ICE check-ins, or after appearing for immigration hearings.
Lack of Individualized Review
Detention must involve a meaningful assessment of flight risk or danger.
Detention Under the Wrong Legal Authority
In some cases ICE detains individuals under the wrong statutory authority, improperly preventing them from seeking bond.
Prolonged Detention
Immigration detention lasting longer than six months may raise constitutional concerns.
Post-Order Detention
People with final orders of removal cannot be detained indefinitely if removal is not reasonably foreseeable.
NATIONWIDE REPRESENTATION FOR ICE DETAINEES
Kerben Law Firm represents individuals detained by ICE anywhere in the United States.
Because habeas corpus petitions are filed in federal court, detention can be challenged regardless of where someone is being held.
If a loved one has been detained, our office can quickly evaluate whether emergency federal court action may be appropriate.
CONTACT OUR OFFICE
If someone you care about has been detained by ICE, do not wait.
In many cases, acting quickly can make a significant difference in the outcome.
FREQUENTLY ASKED QUESTIONS
What is a habeas corpus petition in immigration cases?
A habeas corpus petition is a lawsuit filed in federal court that challenges unlawful detention by the government. A federal judge determines whether ICE has legal authority to continue holding someone.
Can a federal judge release someone from ICE detention?
How quickly can a habeas petition lead to release?
Why is it important to act quickly after an ICE arrest?
Why can’t we just request bond in immigration court?
If an immigration judge denied bond, can habeas corpus still help?
Sometimes. Federal courts may review the legality of continued detention even after bond has been denied.
What is considered prolonged immigration detention?
Many federal courts view detention longer than six months as an important benchmark when evaluating whether continued detention is lawful.
If someone has a criminal record, can habeas corpus still help?
Sometimes. A criminal record does not automatically make detention lawful. Courts may still review whether detention authority is valid.
How can someone get out of ICE detention quickly?
In some situations a federal habeas corpus petition may be the fastest legal tool available.
What information should families gather?
• Full name
• A‑number
• Detention facility
• Date and location of arrest
• Circumstances of arrest
• Any pending immigration court case
Ready to Take the First Step?
To schedule your personalized consultation, call us at (718) 255-8585 or submit the consultation form below.