Detentions of asylum seekers and long-time residents of the United States are on the rise. If your loved one is detained, I can offer representation in bond cases and petitions for writ of habeas corpus in all four (Northern, Southern, Eastern, and Western) Districts of Texas and the District of New Mexico.

Why is it urgent?

On April 29, a Texas Court heard oral arguments in Sosnava-Rodriguez v. Ortega, where the Trump Administration is challenging the availability of habeas corpus relief on constitutional grounds. This case could significantly impact whether detained individuals can continue to seek release through Federal Court. At the same time, the Administration has already succeeded in Texas in limiting habeas relief under the Immigration and Nationality Act in Buenrostro-Mendez v. Bondi. While we will continue to fight these restrictions, the legal landscape is shifting quickly, and there is a real risk that courts—especially in Texas—may further restrict or eliminate habeas options in the near future. The window to act is now. Filing a habeas petition promptly may preserve your rights before additional barriers are put in place!

What is a habeas corpus petition?

A habeas corpus petition is a lawsuit filed in federal court that asks a judge to review whether the government is lawfully holding someone in immigration detention. It does not directly decide whether the person wins or loses their immigration case. Instead, it focuses on whether the detention itself is legal. In many cases, we argue that the government has detained the person for too long, detained them without adequate due process, or violated their constitutional rights. We ask a Federal Judge to order the government to justify the detention or release the person. If the judge agrees, the court may order the person's release, require an immigration bond hearing, or provide some other remedy. If the judge disagrees, the person generally remains detained while their immigration case continues.

What happens once the habeas petition is filed? 

1. The court issues a case number immediately and the case is assigned to a Federal District Court Judge within a day or two;
2. Then, the Judge sets a deadline for the opposing counsel to respond (anywhere from 3 days to 3 weeks);
3. We have one more opportunity to reply to any of their counter-arguments (usually the deadline is 3-7 days);
4. Finally, the Judge issues a ruling.

Once I am hired, I file my paperwork with ICE at the detention center right away and schedule a zoom call with the client to introduce myself and explain the process. If applicable, I can also contact the asylum attorney to get a copy of the file. I like to provide the above explanation about cost and timeframe in advance for the purpose of transparency. If you’d like to work with me, I usually file the habeas petition within 3 days of contract and payment. Time is of the essence!