Prolonged ICE Detention
Detention without a meaningful bond review cannot go on forever. Under Zadvydas and its progeny, custody past a reasonable period demands a habeas petition under 28 U.S.C. § 2241.
Free Consultation · 100% Confidential
Held by ICE with a deportation case pending? A habeas corpus petition can bring the fight to federal court.
The Law Office of David S. Harris files petitions for writ of habeas corpus under 28 U.S.C. § 2241 to challenge unlawful and prolonged immigration detention across the United States. No person should be held without the Constitution applying to them.
Florida Bar & D.C. Bar · Practicing law since 1997 · Miami New Times Attorney of the Year
- 20+
- Years Serving Miami
- 1997
- Practicing Law Since
- FL & DC
- Bar Admissions
- Free
- Initial Consultation
Why the Writ
Three situations where immigration detention breaks the law
Unlawful or Improper Detention
Held beyond an order of removal, detained on a defective detainer, or locked up after bond was granted. We petition the federal court to examine the legality of the custody itself.
Bond & Parody Denials
ICE and the immigration courts must apply the correct legal standard. When a bond hearing is stacked against you by regulation or bias, the writ is the remedy that forces a fair one.
Our Mission & Our Firm
More than legal professionals. Advocates.
The Law Office of David S. Harris has provided legal representation and advice to individuals and corporations since 2004, building on a law practice that began in 1997. Over more than two decades serving Miami, the firm has become a leading source of legal counsel in Florida civil law, including claims in the U.S. court system for victims of negligence, property damage, and accidents.
Today that same advocacy extends to people caught in the immigration detention system. Our attorneys and support staff all share one core belief: the pursuit of justice for those who deserve it. Every client is represented professionally and with great care, whether the matter is in a Miami courtroom or a federal district court across the country.
Read about the firm →The Path
How an immigration habeas case moves
- 01
Free Consultation
We review the Notice to Appear, the detention record, and the immigration court docket to find the strongest basis for the writ.
- 02
The Petition
A § 2241 habeas petition is filed in the federal district court with jurisdiction over the detention facility where your loved one is held.
- 03
Government Response
ICE must justify continued detention to a federal judge. We brief the constitutional and statutory violations and fight for an evidentiary hearing.
- 04
Release & Removal Defense
The goal is release on bond or supervision, and a fair chance to win the underlying immigration case with family and counsel beside you.
Every day of unlawful detention is a day that cannot be returned.
Free consultation. Tell us where your family member is held and we will tell you what the law allows.
Get My Free Consultation