Immigration Matter:

Asked about 2 years ago - Central Islip, NY

In immigration "removal" proceedings, after being detained for over eight (8) months with no chance of deportation occurring in the foreseeable future, does there exist any statute prohibition that would obstruct such individual from filing a Habeas Corpus petition, to the appropriate District Court, challenging such continued detention?

Attorney answers (6)

  1. 14

    Lawyers agree


    Answered . A person can file a writ of habeas corpus with the appropriate federal court assuming he is subject to a final order of removal. Whether the request will be granted will hinge upon several factors including whether the United States government can establish he is a national security threat or danger the community, whether he has hindered attempts to remove him (i.e. refusing to cooperate with efforts to secure travel documents), etc. I would suggest the individual retain an experienced attorney to assist him with this matter. Our office has helped many individuals secure release from prolonged immigration detention.

  2. 13

    Lawyers agree


    Answered . speak to an attorney, we need to know all of the relevant facts

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  3. 13

    Lawyers agree

    Answered . Yes. A HC may not even be necessary. Hire an experienced immigration attorney to assist you. More facts are needed to determine exacty what needs to be done.

  4. 12

    Lawyers agree

    Answered . You may file a Habeas Corpus but should consult with an immigration attorney regarding the chances of success before filing.

  5. 10

    Lawyers agree


    Answered . Is this person still in proceedings before the immigration court? Do she have any criminal issues? If so, what are they? What type of relief from removal is she seeing? Is this person currently working with an attorney?

  6. 9

    Lawyers agree

    Answered . If there is a final order of removal, there may be another option besides filing a habeas corpus. Consult with an attorney.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
One or more answers have been taken down.

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Immigration court

Immigration court is a division of the US Department of Justice that oversees and decides cases involving immigrants facing deportation.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

31,882 answers this week

3,629 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,882 answers this week

3,629 attorneys answering