What is a Habeas Corpus Petition?

Filing a habeas corpus petition in an immigration case is a way to challenge the lawfulness of a noncitizen’s detention by the U.S. government, usually when no other remedy is available.

📌 What Is a Habeas Corpus Petition?

A habeas corpus petition under 28 U.S.C. § 2241 allows a person in custody to challenge the legality of that custody. In immigration, it's typically used to challenge:

• Prolonged immigration detention without bond

• Mandatory detention under the Immigration and Nationality Act § 236(c)

• Detention after a final removal order when removal is not reasonably foreseeable (under Zadvydas v. Davis)

• Improper denial of bond hearings

• Denial of due process in detention proceeding

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Disclaimer: This article should is a summary and should not be construed as legal advice. If you need assistance, please schedule a consultation today.