Miami Habeas Corpus Immigration Lawyers
Being held in immigration detention for weeks or months can take a heavy toll on you and your family. At Canizares Law Group, LLC, we help detained immigrants and their families understand their legal options when ICE or other immigration authorities may be holding someone unlawfully. Prolonged detention can disrupt your family, employment and ability to prepare for your immigration case.
What Is A Writ Of Habeas Corpus In Immigration Law?
A writ of habeas corpus allows a person to ask a federal court to review their detention. In an immigration case, a federal writ of habeas corpus immigration petition may give a detained person a way to challenge continued custody when there are serious legal or constitutional concerns. A habeas petition generally challenges the legality of detention, not the merits of the removal case itself.
Habeas corpus is separate from the usual immigration court process. An immigration court handles matters such as removal proceedings. A federal habeas petition asks a federal court to review whether the government has a lawful basis to keep someone in custody. However, depending on the claim, the Immigration and Nationality Act (INA) and REAL ID Act may limit federal court jurisdiction over certain immigration matters.
We can analyze the statutory authority and duration of custody to determine whether prolonged detention without an individualized bond hearing violates Fifth Amendment due process standards. An immigration bond may also be an option in some cases, allowing a detained person to seek release while their immigration case continues. We can evaluate whether pursuing a bond or habeas relief may be appropriate based on the circumstances.
When Can An Immigration Habeas Corpus Petition Be Filed?
Not every immigration detention case calls for a habeas petition. The facts of the case matter. Still, a person who has been detained for a long time may have grounds to ask a federal court to review the detention.
We can determine whether there may be a basis to challenge prolonged immigration detention. Depending on the circumstances, a petition may ask the court to review the continued detention and provide appropriate relief. For someone in custody, the uncertainty can be especially difficult when they also risk deportation. They may not know how long they will remain detained or what will happen to their immigration case.
If your loved one has been in custody for an extended period, we can review the case and discuss whether a habeas corpus immigration petition in Miami may be appropriate. Acting promptly can be important when someone remains in detention. A review may strengthen your defense against deportation, and help you understand what legal options are available and whether you should consider federal court action.
How Our Miami Defense Team Fights Unlawful Detention
At Canizares Law Group, LLC, we understand how urgent an immigration detention case can be. Our attorneys are familiar with unlawful ICE detention in Florida and can evaluate your case to determine if federal habeas corpus relief is legally viable based on statutory or constitutional detention grounds. We can assist with:
- Reviewing the length and history of the detention
- Examining custody decisions and immigration records
- Looking for legal or constitutional concerns
- Determining whether habeas relief may be available
- Preparing and pursuing federal court action when appropriate
We are fully bilingual in English and Spanish, and have deep roots in South Florida. While a habeas petition addresses the lawfulness of detention, our firm can separately assist clients with administrative immigration matters. This includes affirmative applications, such as naturalization and certain adjustment of status cases, filed with the U.S. Citizenship and Immigration Services (USCIS). We also assist with removal defense and, in some cases, adjustment of status proceedings before the Immigration Court.
Protect Your Immigration Rights Today
If someone you love remains in ICE custody, do not assume that there is nothing you can do to get them out. Our team at Canizares Law Group, LLC, can help you learn whether federal habeas relief or another legal remedy may be available. Contact us at 305-686-3187 or send us an email. We can review the circumstances of the case, explain your potential next steps and help you decide how to move forward.