Miami Writ of Habeas Corpus Attorney

What if you, or your loved one, is detained by immigration authorities?  You or your attorney has properly filed a bond motion seeking the detainee’s release.  The bond motion contains more than enough evidence of continuous presence in the United States, family ties, lack of criminal record, and availability of immigration relief.  However, you learn that the Immigration Judge has denied the request for bond, or even worse, the Judge has granted the bond but ICE refuses to release the detainee. 

What can you do?  One of the last avenues of relief in challenging an immigration detention is the writ of habeas corpus.  A writ of habeas corpus, commonly referred to as the “Great Writ”, is a legal action that can be filed in Federal Court challenging an unlawful imprisonment or detention. 

If you know someone that you believe is unlawfully detained by immigration authorities, give Hubbs Law a call.  We handle all types of removal cases.  We will consult with you, or your family member, and initially evaluate whether a motion for an immigration bond can be filed.  If the Immigration Judge denies the motion for bond, we can evaluate the merits of an appeal to the Board of Immigration Appeals or a Petition for a Writ of Habeas Corpus in Federal Court.

Call Hubbs Law today at (305) 570-4802.

Who is Eligible to File a Petition for a Writ of Habeas Corpus

Under Federal law, an individual that is in custody and believes he is unlawfully detained can file for a petition for a writ of habeas corpus in the District Court in their jurisdiction. Some common reasons for challenging the unlawful detention include constitutional violations, illegal sentences, pretrial detention without bond, excessive bond, speedy trial violations, ineffective assistance of counsel, or lack of jurisdiction. 

Specifically with immigration cases, the most common scenarios where an individual might want to file a petition for a writ of habeas corpus is when an immigration judge refuses to grant a bond hearing, an immigration judge fails to grant a bond based on an unlawful reason, ICE fails to release an individual who has been granted a bond, or the detainee is subjected to prolonged detention after an order of removal. 

If you, or your loved one, falls under one of these categories, you may be eligible to file a petition for a writ of habeas corpus in Federal court.

How to File a Petition for a Writ of Habeas Corpus in Federal Court

Filing a petition for a writ of habeas corpus is a highly complex process.  Accordingly, every individual seeking such relief should strongly consider hiring an experienced attorney to handle the case. 

To file a petition for a writ of habeas corpus, you must first determine the correct statute you are filing under.  Generally, challenges to immigration detention are filed under 28 U.S.C. § 2241, challenges to state criminal convictions are filed under 28 U.S.C. § 2254, and challenges to federal criminal convictions are filed under 28 U.S.C. § 2255.

After determining the correct statute, the petitioner must then draft the petition for writ of habeas corpus.  A petition for writ of habeas corpus generally contains a jurisdictional statement, a statement of facts, claims for relief, legal argument, requested relief, and a sworn declaration.  A petition should be thorough and specifically list the legal grounds the petitioner is arguing for the detainee’s release.

After the petition is filed, the Judge will then determine if the petition is legally sufficient. If the petition is not legally sufficient, then the Judge may dismiss the petition.  If the petition is legally sufficient, then the Judge may issue an order to show cause ordering the government to respond.  After the government responds, the petitioner can then file a reply brief to counter the government’s argument.

Ultimately, the Judge will review and make a final decision whether to grant the petition, deny the petition, or set the case for an evidentiary hearing. 

How Can an Attorney Help File a Petition for Writ of Habeas Corpus?

A petition for a writ of habeas corpus is a complex legal document.  The language, legal arguments, and exhibits introduced could be the difference between the individual being released or detained.  Just like you wouldn’t want someone without a medical degree operating on your family member, you don’t want someone without a law degree handling you loved one’s custody case.

An experienced attorney can help by thinking of creative legal arguments, drafting a thorough petition, responding to the government, and arguing at an evidentiary hearing if necessary.

Find an Attorney for a Writ of Habeas Corpus in Miami, FL

Contact Hubbs Law (https://www.hubbslawfirm.com/contact-us/) if you know someone who is unlawfully detained by ICE.  Our Miami immigration attorneys (link to page) will sit down with your loved one and thoroughly evaluate his or her case.  In that initial consultation, our attorneys will advise your loved one if he is eligible to file a petition for writ of habeas corpus and the likelihood of success. 

Hubbs Law represents clients in all Miami-Dade County, including Coral Gables, Homestead, Miami Gardens, Kendall, South Miami, Hialeah, Cutler Bay, Palmetto Bay, Homestead, and City of Miami. 

Call Hubbs Law today at (305) 570-4802.