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.
5-Star Rating | Based on 200+ Satisfied Customer Google Reviews
I met Justin, known as the King of Lawyers, in the Chicagoland area. I consulted with several law offices in Chicago regarding my case but wasn’t satisfied until I spoke with him and his team. I am truly impressed with their dedication and hard work. One of his team members, Joanna Brito, efficiently handled all my applications. I am grateful for the quick responses I received via email and phone…
Really grateful for Kevin Raica and Aleksandra Jelonkowska's help in our case of applying for parental citizenship. We are super fortunate that both of my parents received their green card literally within six months of application, and we are convinced that Kevin's team meticulous preparation is a critical element to the positive outcome. I rarely give recommendations but totally recommend Kriezelman Burton to those needing immigration legal services!
Justin and Kamila were incredible in assisting us with our case. Their professionalism, attention to detail, and clear communication made the entire process smooth and stress-free. They were always available to answer our questions and provided invaluable guidance from start to finish. Furthermore, they demonstrated a deep understanding of the process and were always one step ahead, ensuring everything moved forward smoothly. Their commitment to our case and ability to…
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.
NUVEW | Copyright 2025 All Rights Reserved | Accessibility Notice | privacy policy