Families of people detained by ICE in New Jersey often want to know two things: can the person be released, and how quickly can an attorney act?
Federal habeas corpus may offer a way to challenge certain forms of immigration detention. The Law Office of Jonathan Langer, PLLC handles these cases, including matters involving detention in the Newark and Elizabeth areas.
Can someone in New Jersey file a habeas petition?
Sometimes. A habeas petition asks a federal judge to decide whether continued detention is lawful. For a person held in New Jersey, a challenge to present physical custody is generally brought in the United States District Court for the District of New Jersey.
Possible issues include the law ICE is relying on, whether the person should have a bond hearing, and whether detention has continued longer than the law permits under the circumstances.
What if ICE says there is no bond?
ICE's position does not necessarily end the inquiry. A lawyer can assess whether the person is legally eligible for a bond hearing, whether ICE has used the correct detention provision, and whether there is another basis for federal relief. Not everyone held without bond has a successful habeas claim.
What happens if ICE transfers the person?
If ICE moves someone to another state before counsel files, a new habeas challenge to physical custody generally must be filed in the district where the person is then held. If a petition was properly filed in New Jersey first, the court may retain jurisdiction after a transfer.
In appropriate cases, counsel may also ask the federal court for an emergency order preventing a transfer. The court decides whether such relief is justified.
Get advice while the person is still in New Jersey
Our office evaluates urgent federal detention litigation and works with families and referring attorneys. If someone is detained by ICE in New Jersey, contact our office promptly with their A-number and detention location, if known.
Related reading: Why filing before a transfer matters and Immigration habeas corpus attorney.
This page is general information, not legal advice. Each case depends on its facts and applicable law. No outcome is guaranteed.
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