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A federal court can order release from ICE custody — even when an immigration judge says there are no options. Our Long Island attorneys act fast to protect your family.
Filing quickly can “fix” New York jurisdiction and prevent transfer to Texas or Louisiana, where courts grant release far less often.
These five steps protect your family member’s legal options before time runs out.
This 9-digit Alien Registration Number is on any immigration document. Your attorney needs it to locate your family member.
This 9-digit Alien Registration Number is on any immigration document. Your attorney needs it to locate your family member.
Tell your detained family member not to sign any document — including voluntary departure forms — without legal counsel first.
Get the exact name and location of the detention facility. This determines which federal court has jurisdiction.
We review detention cases the same day. Free. Call (516) 414-0080 — Se habla español.
Habeas corpus is the oldest legal protection in the U.S. Constitution. It means the government cannot hold a person in custody without proving to a federal judge that the detention is legally justified.
A habeas corpus petition (28 U.S.C. § 2241) bypasses the immigration court entirely. Over 300 federal judges have already ruled that the current mandatory detention policy violates federal law.
Not all federal courts treat habeas petitions the same way. New York is one of the most favorable jurisdictions in the country for detained immigrants — and ICE knows it.
More people qualify than most families realize. Habeas corpus is a constitutional right — not limited by criminal history or immigration status.
73.6% of ICE detainees nationally have no criminal conviction (TRAC data). Many were detained purely on immigration status grounds.
Prior criminal history doesn't disqualify someone. The question is whether detention is proportionate and legally justified.
ICE often claims mandatory detention for people who crossed without a visa. Federal courts in New York have repeatedly rejected this.
Detention beyond 6 months after a final order may be unconstitutional (Zadvydas v. Davis) if removal is not reasonably foreseeable.
Asylum is a legal right. Detention while an asylum case is pending can often be challenged through habeas corpus.
Community ties, family in the U.S., stable employment, and years of compliance are factors federal courts consider.
From your first call to your family member’s release — here is exactly what to expect.
You call us. We ask for the A-Number and detention facility. We review the case at no charge and explain your options clearly — including whether habeas corpus, a bond hearing request, or another strategy fits best.
Once retained, we request all immigration records and detention documents immediately and begin drafting the constitutional arguments for federal court.
We file the habeas petition under 28 U.S.C. § 2241. Filing in New York locks jurisdiction and prevents an out-of-state transfer.
Unlike immigration court proceedings that drag on for months, a habeas petition triggers a mandatory government response. Most cases in New York resolve in 4 to 10 weeks.
The court may order immediate release, a constitutionally proper bond hearing, or set standards the immigration judge must follow.
Or request consultation online
Jadeja-Cimone Law, PC is an immigration-only firm. That means every attorney on our 15-person team focuses exclusively on immigration law — not criminal defense, not personal injury — immigration. When your family member is in ICE detention, you need people who have been in federal court arguing habeas petitions before.
We serve clients from over 90 countries. We have been doing this for over a decade in Nassau and Suffolk County. And we speak your language.
We speak your language:
The questions families ask us most often when someone has just been detained.
Get their A-Number and the name of the detention facility. Call an immigration attorney the same day — do not wait. Tell your family member not to sign anything without legal counsel. Every day of delay increases the risk that ICE transfers them to a facility in another state where federal courts are less favorable to detainees.
Not necessarily. Over 300 federal district court judges have found the mandatory detention policy violates federal law. A habeas corpus petition bypasses the immigration court and takes the case directly to federal court — where judges have ordered bond hearings even when immigration judges said they had no authority.
Federal courts ruled in favor of detained immigrants in 350 of 362 decided habeas cases in 2025–2026 — a 97% rate. In the New York area (Second Circuit), success rates consistently exceed 90%.
Yes, in many cases. Filing the petition in the federal district where your family member is currently held “fixes” jurisdiction in New York. Speed is everything here — the sooner we file, the more protection this provides.
No. Over 73% of current ICE detainees have no criminal conviction at all. Even those with criminal histories have successfully obtained release — the legal question is whether the detention is constitutionally justified.
Most immigration habeas cases in New York federal courts resolve in 4 to 10 weeks. Emergency petitions can move faster — some judges have issued release orders within days.
Yes, significantly. Long-term community ties, stable employment, U.S. citizen family members, and years of compliance are all factors federal courts consider when evaluating whether continued detention is proportionate and legally justified.
Speak with an immigration attorney today. Same-day review available.
(516) 414-0080We speak:
Federal courts are ordering the release of detained immigrants at historic rates in 2026. But the window is short, and every day brings the risk of an out-of-state transfer. Don’t wait.
Free consultation. Confidential. Nassau & Suffolk County. Se habla español.