Do you qualify for habeas corpus?

What is a Habeaus Corpus action?

A writ of habeas corpus has historically served as a means to review the legality of the detention of an individual. The right to habeas corpus is rooted in the U.S. Constitution and the federal habeas corpus statute, 28 U.S.C. section 2241.

Noncitizens may file habeas actions if they are held in immigration “custody” by the federal government in violation of the Constitution, laws, or treaties of the United States. Noncitizens face many practical hurdles in filing habeas petitions, including detention in remote locations and the government’s practice of transferring detainees between facilities. These problems are exacerbated when courts adopt the inflexible “immediate custodian” rule - which requires naming the person with immediate, day-to-day control over the petitioner as the respondent—since the case always must be filed where the person is detained.

When can Habeas Corpus be used to help my immigration case?

The most common use of habeas corpus in the immigration context is to challenge the length or conditions of immigration detentions. &Habeas may be used to address challenges not only to physical detention or restraint, but also to challenge restrictions on liberty, such as restrictions on an individual who has been released under an order of supervision.

What is a Writ of Mandamus?

A writ is simply a order issued by the court to another court. Under the Mandamus Act, the court may compel a government agency (such as U.S. Citizenship and Immigration Services) to take action, although it cannot itself grant the particular relief that the petitioner seeks from the immigration agency.

Who may qualify as a plaintiff to file for a Writ of Mandamus?

A mandamus plaintiff must generally demonstrate that (1) he or she has a clear right to the relief requested; (2) the defendant has a clear duty to perform the act in question; and (3) no other adequate remedy is available.

How can a Writ of Mandamus help my immigration case?

Mandamus actions may be filed in federal district court in an attempt to force an administrative agency, such as the U.S. Citizenship and Immigration Service, to take an action on a case, such as to adjudicate a visa petition or naturalization application. In some naturalization cases, an extensive delay may occur between the interview and a decision. Such extensive delays may warrant the filing of a mandamus action.

Habeas and Mandamus actions can be complex and are subject to rigid court procedures. I have experience in such matters, and can help develop a sound strategy for your case.

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The more you understand the immigration process and the importance of the proceedings, the more you can be involved in the solution. Bennett Grossman wants you to gain insight from the experience, no matter the outcome.

When you are searching for an attorney in the South Florida area, choose one who will help you in more ways than one.