What is Habeas
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Hi everyone, welcome back to our immigration terms and information series. My name is Lauren McClure and I am an attorney here at Kriezelman Burton & Associates. Today we are going to discuss Habeas. You may be asking yourself what exactly Habeas is. In short, Habeas is the short form of the phrase Habeas Corpus. This is the legal procedure that keeps the government from holding a person indefinitely without showing cause. For immigrants, it is the process of challenging prolonged detention, usually after that person has lost their case in immigration court, and has been ordered to be deported.
There are many reasons why the government may not be able to immediately deport a person, leaving them in detention for some time months, and in some cases, years. The Supreme Court has found that immigrants cannot be detained for an indefinite period of time. Therefore, if a person is held for more than six months after a removal order is issued, their detention is considered unreasonable and the government must show that their removal will occur in the reasonably foreseeable future.
In practice, an immigrant can challenge their prolonged detention by filing a petition right for Habeas Corpus in federal court. The petition is filled in a district court where the person is detained, and a federal court judge decides whether or not the government must release the person.
Since petitions for Habeas Corpus are filed in a federal district court, it is important to work with an attorney who is admitted to practice in the federal district court and who has experience in filing these types of cases. If you know someone who has been detained for a lengthy period of time and you think they may qualify to file a Habeas petition, contact the immigration lawyers at Kriezelman Burton & Associates. We are here to help you and your loved ones in their immigration cases.
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Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
Kevin Raica and his team handled my immigration application and i can other recommend them enough. They made a stressful process very easy. They are very knowledgeable in this area and helped us at every stage from beginning to end.
Brittni Rivera She is my Attorney from 2017 Thank you so, so much. This truly wouldn’t have been possible without you, Brittni. Can’t wait to file for the green cards.
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
Justin Burton is extremely professional knowledgeable and helpful. I’m extremely thankful for his help and patience with my case. I strongly advise to use his services and refer him to anybody in need of legal help. Thank you.
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
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