- Write down where the person is held (the facility name) and the date they were detained.
- Find out what happened with bond. Was a hearing denied? Were they told they aren't eligible? Was bond set too high?
- Find out whether they have a final removal order or the case is still going.
- Gather proof of their life here: years in the U.S., family, work, church, community.
- Call a lawyer now. Habeas has no 30-day deadline, but every day in detention is a day your family doesn't get back.
What is habeas corpus?
It's the oldest question in our law: by what right are you holding this person? A habeas petition makes the government answer that question to a federal judge. The judge doesn't decide whether the person should be deported. The judge decides whether the government is holding them lawfully right now.
The statute lets the writ reach anyone "in custody in violation of the Constitution or laws or treaties of the United States."
28 U.S.C. § 2241(c)(3)
Who can file it?
The detained person, or "someone acting in his behalf." That means a spouse, parent, adult child or friend can sign as "next friend" when the person inside can't easily do it. The petition names the official who has custody.
28 U.S.C. § 2242
How fast does it move?
Faster than most federal cases. The statute tells the court to act "forthwith": either grant the writ or order the government to show cause why it shouldn't. The government's answer is due within three days, and the court may allow up to twenty more for good cause. In practice, schedules vary by court. But habeas is built for speed.
28 U.S.C. § 2243
When does habeas come up?
Which detention law ICE relies on determines whether bond is possible. These are the situations we see most:
- "Not eligible for bond." Since 2025, the government has treated many people who entered without inspection, including people who have lived here for years, as subject to detention with no bond hearing. Many of those detentions have been challenged through habeas in federal court.
- Bond denied or set out of reach. Detention under 8 U.S.C. § 1226(a) allows bond. Whether the hearing was fair can be a federal question.
- Mandatory detention based on a criminal record. 8 U.S.C. § 1226(c) covers listed offenses. Whether a conviction actually fits the list is a legal question.
- Detention after a removal order. 8 U.S.C. § 1231(a) sets a 90-day removal period. Detention well beyond it, when removal isn't happening, can be challenged.
- Prolonged detention that has gone on for many months with no meaningful review.
What can the judge order?
Depending on the case, a federal judge can order a bond hearing before an immigration judge, set conditions, or order release. The order is about custody. The removal case continues separately in immigration court.
Limits you should know about
Congress has limited what federal district courts can hear in immigration cases. A habeas petition challenging detention is different from an attack on the removal order, which usually belongs in the court of appeals. Getting that line right is the first thing we check.
8 U.S.C. § 1252
Detained in South Texas?
People held at the Port Isabel Service Processing Center (Los Fresnos) or the El Valle Detention Facility (Raymondville) are within the Southern District of Texas. We're in Mission and can move quickly. If your family member is held somewhere else, tell us where. We'll tell you whether we can help or who can.