Habeas Guides
Habeas corpus petitions, explained in depth
Practical guides to challenging immigration detention in federal court — written for detained people and the families working to bring them home. Start with what habeas corpus is, then go deeper on the issue that fits your situation.
- Filing a PetitionHow to file a habeas corpus petition for immigration detentionA step-by-step guide to filing a federal habeas corpus petition challenging ICE detention under 28 U.S.C. § 2241: where to file, who to name, what the petition must say, and what it costs.Read the guide
- DetentionProlonged immigration detention and the habeas remedyWhen does immigration detention become unconstitutionally prolonged? How federal courts weigh the length of detention, the reasons for delay, and why habeas petitions seek individualized bond hearings.Read the guide
- DetentionDetention after a final order of removal: the Zadvydas six-month ruleHow Zadvydas v. Davis limits ICE detention after a final order of removal, what the 90-day removal period means, and when a habeas petition can win release if deportation is not foreseeable.Read the guide
- DetentionHabeas corpus vs. an immigration bond hearingAn immigration bond hearing and a federal habeas petition are different tools heard by different judges. Learn when each one applies, and how habeas can force a fair bond hearing when the system denies one.Read the guide
- Filing a PetitionWhat happens after you file a habeas corpus petitionAfter a habeas corpus petition is filed: the order to show cause, the government’s return, the reply, possible hearings, emergency motions to stop a transfer or removal, and how a judge decides.Read the guide
- FamiliesFiling a habeas petition for a detained family memberCan a spouse, parent, or relative file a habeas corpus petition for someone in ICE detention? How “next friend” standing works, what information to gather, and how families can help build the case.Read the guide
- Miami & South FloridaHabeas corpus petitions in the Southern District of FloridaFiling an immigration habeas corpus petition in Miami and South Florida: the Southern District of Florida, Krome and Broward Transitional Center detainees, court divisions, and appeals to the Eleventh Circuit.Read the guide
- DetentionMandatory immigration detention and habeas corpusHow mandatory immigration detention under 8 U.S.C. § 1226(c) and § 1225(b) works, why it blocks bond hearings, and the habeas arguments used to challenge misclassification and prolonged mandatory detention.Read the guide
- FundamentalsSection 2241 vs. 2254 vs. 2255: the three paths to federal habeasThe differences between federal habeas under 28 U.S.C. § 2241, § 2254, and § 2255: who uses each statute, filing deadlines under AEDPA, where to file, and why immigration detention cases use § 2241.Read the guide
- After FilingWhat happens when a writ of habeas corpus is grantedWhat a federal judge can order when a habeas corpus petition is granted in an immigration detention case: release, release on conditions, or a bond hearing, plus how fast ICE must comply and what happens if the government appeals.Read the guide
- DetentionWhat is a Matter of Joseph hearing?What a Matter of Joseph hearing is, who is subject to mandatory detention under 8 U.S.C. § 1226(c), the “substantially unlikely to prevail” standard, and when federal habeas is the next step.Read the guide
- Filing a PetitionThe habeas corpus petition form for § 2241 casesA guide to the standard federal form AO 242, Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241: what each part asks, local court forms, verification, the $5 fee, and when a lawyer-drafted petition is the better choice.Read the guide
- After FilingHow to check the status of a habeas corpus caseHow to check the status of a federal habeas corpus case: finding the case number, searching PACER, reading docket entries such as the order to show cause and the government’s return, and what each stage means.Read the guide
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