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Asylum, Q&A

Q&A Post from Avvo.com on Habeas Corpus Procedure


PUBLIC’S QUESTION: IMMIGRATION HABEAS CORPUS

Asked about 1 hour ago – West Palm Beach, FL

Practice area: Immigration

What is some information on how this is filed and some basic procedures on doing this? Can a detainee do this by himself?

ANSWER:

Reputation Level 3

Answered less than a minute ago. Immigration Attorney in Miami, FL.
Traditionally, immigration habeas corpus were used to either challenge a removal order or to challenge a detention. Nowadays, it seems better suited to challenge conditions or duration of a detention. For example, if the ICE (Immigration and Customs Enforcement) detains a person for over 6 months without deportation, the ICE may have to release after a habeas corpus petition. The Court of Appeals now serves as the forum for most of those traditional habeas petition issues. However, if you still wish to file a habeas on length of detention issues (in order to be released from detention until you can be deported), a petition may be filed in district court for a small fee.
A petitioner may wish to wait for the 6 months to go by, and you may wish to first request an ICE Headquarters review to “exhaust remedies”. The petitioner should allege the name of the person who has custody over him or her. For example, the petitioner may wish to describe the person with daily control over his or her custody or the person with authority to grant release from custody. The petitioner may also want to talk about why his or her removal is not reasonably foreseeable, and all details about your particular case with copies of documents that you received. Send the original to court (by mail to the clerk’s office of the US District Court) and a copy to the U.S. Attorney.
Afterwards, the government should file a response to your petition or a motion to dismiss. If you disagree with what they say, you should file a response within 14 days. If it becomes too complicated, you should immediately talk to a lawyer. Otherwise, the judge should make a decision within several months.
For more answers to your questions, contact MIA at abernhard@miamivisahelp.com or Miami International Attorneys at www.miamivisahelp.com.

Miami International Attorneys, P.L.

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Discussion

2 thoughts on “Q&A Post from Avvo.com on Habeas Corpus Procedure

  1. I definitely loved this brilliant article. Please continue this awesome work.

    Posted by casio Damen | February 1, 2012, 9:04 am
    • Hello,

      Thank you so much. I truly appreciate your support. Please feel free to contact me with any questions, ideas, thoughts, or for any other immigration issue.

      Regards,

      Andrew

      Posted by mitochondrialmigrator | February 5, 2012, 11:03 pm

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Welcome to MiamiVisaHelp.com’s law blog … discussing everything visa from the perspective of those that have a need, desire, or tendency to move from country to country for the purpose of work, survival, education, living, play, and everything in between. Please feel free to send Andrew John Bernhard, Esq. a message! We are always trying to enhance your experience, and help all of us movers, migrators, immigrants, ex-pats and travelers have an easier, happier, and more satisfying experience in the often confusing world of U.S. Immigration. Please feel free to visit our friends at USImmigrationMiami.wordpress.com and TheMitochondrialMigrator.wordpress.com to see more from similar minded people like yourself! Most of all…ENJOY! - Andrew John Bernhard, Esq.

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