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Immigration Matter:

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?

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Attorney answers 6


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


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.


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.


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.


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?


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, Suite 707 San Francisco, CA 94104