Habeas Corpus in Immigration Law

About the Writ of Habeas Corpus

In the context of immigration law, habeas corpus is used to compel U.S. Immigration and Customs Enforcement (ICE) to bring an individual who is being held in detention before the judge. It happens all too often that an immigrant or foreign national is arrested by ICE officials and held in custody without legal basis, and unfortunately the family members of the prisoner often do not realize that they have the option of suing for a writ of habeas corpus. If your loved one has been taken into custody and is facing a possible removal action, come to the Mathur Law Offices, P.C., for help from a Board Certified Dallas immigration attorney.

The writ of habeas corpus is one of the oldest and most important instruments in the Anglo-American legal system, dating back hundreds of years to Medieval England and protected in Article I of the United States Constitution. Translated from Latin, habeas corpus means "may you have the body," and it is essentially an order from the judge to the detaining authority to bring a prisoner to court. The use of habeas corpus is to ensure that a prisoner will not be held in arbitrary detention which is without lawful basis, and it is one of the most powerful legal protections in the American judicial system.

Filing Habeas Corpus for a Detained Loved One

We understand how upsetting and stressful this situation may be for your family, and we are ready to take immediate action on your behalf. An attorney from our team can review the circumstances of your case to determine whether habeas corpus will be the most suitable avenue for legal relief.

If we do proceed with this course of action, we will prepare an argument to defend against the allegations which are being used as the basis for your loved one's arrest, as well as placing the burden of proof in the case on the ICE authorities to demonstrate that they have valid cause to hold your family member in custody. With success, we may be able to secure your loved one's release, as well as laying the foundation for defending against the underlying removal action.