What is Habeas Corpus?

Immigration Attorney in North Carolina

Habeas corpus is Latin for "you have the body." This is a phrase that is commonly used by attorneys on behalf of convicted criminals who seek release by filing a petition to obtain a writ of habeas corpus. This writ is a mandate to a prison official ordering that the prisoner be allowed to exercise his or her right to be brought before the court. This court proceeding is issued for the purpose of determining whether the individual is lawfully imprisoned or not. The petition will have to show that the court made a factual or legal error.

Immigration Habeas Corpus

An immigrant may file a writ of habeas corpus if he or she has substantial reason to believe that an error was made concerning the immigration case. Habeas corpus relief is available for those who have been removed or deported from the United States. The writ of habeas corpus serves the purpose of safeguarding personal freedoms against lawless government actions. A petitioner filing for habeas corpus action is composed to pursue a review of the decision made when no judicial proceeding has occurred. There are many common misconceptions involving habeas corpus that can be cleared up by our firm.

Habeas corpus in the immigration context typically is used for one of two purposes. The first is for challenges to the legality of a removal order and the second is for challenges to detention. If you believe that you are entitled to habeas corpus under the Immigration and Naturalization Act, then it is important to discuss your case with one of our experienced immigration lawyers. For example, a petitioner does not have to be physically detained to file a habeas corpus petition.

At Brown Immigration Law we are dedicated to the unique immigration needs of individuals and can help you seek relief from removal. Contact our firm today!

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