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Writs of Habeas Corpus Deportation Defense

About the Writ of Habeas Corpus

The writ of habeas corpus is one of the oldest and most important principles in our legal system.  Habeas Corpus is Latin for “that you have the body,” and its purpose is to ensure that nobody is held in prison or detention without proper legal justification.  A writ of habeas corpus orders the custodian of the detained person to court.  A judge will then rule whether the detainment was justified.  

How Habeas Corpus Can Help You

Immigration lawyers use habeas corpus to compel U.S. Immigration and Customs Enforcement (ICE) to bring a detained individual before a judge. Unfortunately, immigrants and foreign nationals are commonly detained by ICE officials without legal basis. In the case that you find yourself or a loved on in an unfair detainment, it is wise to seek legal counsel immediately. 

Get Your Loved One Out of Custody

It can be extremely stressful for you or a loved one to be held in government custody, especially when the holding agency has no legal basis for the detainment.  With that in mind, there are sometimes better options depending on the specifics of each case. The importance of this decision is clear, and that is why you need an experienced attorney on your side to prepare the best legal recourse.

If we decide to proceed by filing a writ of Habeas Corpus, we will prepare an argument against the allegations which are being used as the basis for your loved one’s arrest. The burden of proof will be transferred to the authorities to demonstrate that they have valid cause to hold your family member in custody. 

Schedule a consultation with the Federal Practice Group if your loved one has unfairly been taken into custody, or if you have any further questions.