PUBLIC’S QUESTION: IMMIGRATION HABEAS CORPUS
Asked about 1 hour ago – West Palm Beach, FL
What is some information on how this is filed and some basic procedures on doing this? Can a detainee do this by himself?
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.