Literally, “habeas corpus” means “to produce the body.”

In reality, a habeas corpus petition is used to challenge the detention of a person by either a state or federal agency.

More specifically, a habeas corpus petition is a civil claim brought in a federal court against the warden of the correctional facility that is detaining the individual and asks the federal court to enter an order either (1) releasing the detained person from custody; or (2) demanding that the correctional facility bring the detained person before the federal court for a bond hearing.

In the context of the immigration system, many things that may bring a person before an immigration court subject that person to mandatory, indefinite detention by Immigration & Customs Enforcement until the immigration case is over or if an order of deportation has been entered and Immigration & Customs Enforcement is seeking enforcement of the removal order. Also, many who attempt to enter the United States and are found to have immigration related issues, will be subject to mandatory, indefinite detention. Yes, quite odd, that the United States of America actually subjects people to mandatory, indefinite detention, without bond. What a shame. Often, months and years go by and immigrants are sitting in jail for an immigration (non-criminal) related violation.

For years, Norris McLaughlin has aggressively challenged the entire concept of mandatory, indefinite detention, in federal courts. Norris McLaughlin Attorneys have constantly questioned the very constitutional nature of mandatory, indefinite detention and, in doing so, has caused many held for months and years to secure release. For any immigration related matter — if your family member is detained in immigration custody–call Norris McLaughlin today at (484) 544-0022.