Petition for Writ of Habeas Corpus (Release from Detention)

The ICE may be thawing here in Hudson County, N.J., but ICE is not going away and actively stalking and detaining non-citizens here in the County. My associate and I along with other immigration attorneys, have been successfully fighting back on wrongful detention through a process called habeas corpus. A habeas petition, or writ of habeas corpus (“you have the body”), is a legal action that allows detained individuals to challenge the lawfulness of their confinement in court. It forces the government to justify detention and is designed to protect against arbitrary, unlawful imprisonment. If successful, a Judge may order the person’s release.

Nationwide, there were over 18,000 habeas challenges filed since the Trump administration began a push for mass deportation, which is over 200 petitions filed per day. This represents more petitions than were filed under the last three administrations combined, including Trump’s first term. The increase in filings is due to the administration’s policy change in July of 2025 and a subsequent BIA decision supporting the denial of a bond motion to anyone who entered the U.S. unlawfully, regardless of the length of time spent in the U.S. The practice of denying bond is a departure from prior practice spanning five presidential administrations and constitutes “the broadest detention-without-bond mandate in the history of the republic,” according to a Sixth Circuit amicus brief filed by the MacArthur Justice Center. The government was relying Matter of Yajure Hurtado to bind Immigration Judges.

Despite the policy for IJ’s to deny bond hearings, our firm has successfully filed numerous habeas petitions and obtained habeas grants for many of the firm’s detained clients, forcing the Immigration Court to hold a bond hearing. At that hearing, the Immigration Judge conducts a review of all avenues for relief from removal, immigration and criminal history, and other positive factors to set or deny bond. If successful, the bond could be as low as the statutory minimum of $1,500.00, but typically ranges from $5,000.00 to over $20,000.00 and is full cash. Once paid, the individual is released and the immigration removal case proceeds at a slower pace, allowing time to prepare one’s case.

On February 6, 2026, however, a 5th Circuit Judge ruled on a government appeal and ruled that if an individual entered the US without a visa (the majority of those detained) an individual is not eligible to be released from detention on bond and is in fact subject to mandatory detention. For now, this decision is limited to Louisiana, Mississippi, and Texas, but appeals have been filed in many other Circuits including the 3rd, which is where we are located, seeking the same ruling. If other Circuit Courts disagree with the 5th Circuit, this will set up a Circuit split and ultimately wind its way to the U.S. Supreme Court to resolve.

On February 11, 2026 a Federal Court in California issued an order in the Matter of Maldonado Bautista which vacated the holding in Matter of Yajure Hurtato and required the government to hold bond hearings in many cases that they initially refused. The the court also required the government to post notice in all detention centers advising as to the availability of bond hearings for certain immigration detainees. This order applies nationwide except for cases in the 5th Circuit.

While this works its way through the courts, the increase in filing nationwide has begun to tax resources at the Federal level. U.S. Attorneys are overwhelmed with the volume of filings and are unable to respond in time. Judges are growing increasingly frustrated and holding the administration responsible when deadlines are missed or court orders are ignored. This is causing chaos in the courts and the communities, and taxing resources to the limits.

If you, a family member, or friend is detained, it is extremely important to obtain counsel as quickly as possible to file a habeas petition asking for a bond hearing and a stay on transferring a detained individual to another jurisdiction, which could effectively deny a bond hearing and lead to a speedy removal from the U.S.