Habeas Corpus for Immigrants

Immigration Representation in Winter Park & Orlando

The term habeas corpus may be recognizable, but not many immigrants understand how it can affect their cases. The term is Latin for "you have the body" and is commonly used by attorneys of criminals who are convicted and pursuing release. In an immigration case, a petition to obtain a writ of habeas corpus can be made for immigrants who have received detention.

Habeas corpus is a writ to a prison official by the immigrant in prison to be brought before the court. A court proceeding will follow to determine whether the individual is being lawfully imprisoned and subject to removal. A petition to be brought before the court requires the immigrant to show that the court made some kind of error.

Access to Habeas Corpus for Immigrants

An alien may apply for habeas corpus if he or she proves to have substantial evidence that an error was made in relation to the immigration case in question. This form of relief from removal is available to those who have been deported from the country. The writ of habeas corpus attempts to protect and safeguard an individual's freedoms against government actions that are unjust. A habeas corpus action requires a judge to review the final decision made concerning the removal of the immigrant. There are many common misconceptions involving habeas corpus that can be cleared up by attorneys at our firm.

Are you facing removal from Florida?

Habeas corpus for an immigrant facing removal is typically executed for one of two purposes. The first is to challenge the removal order. If there is a factual error, our firm can pursue justice in this circumstance. The second is to challenge detention. If you believe that you are entitled to habeas corpus under the Immigration and Naturalization Act, then it is essential to discuss your case with one of our attorneys from Robert Brown LLC. We have the experience and knowledge to provide you with access to habeas corpus.

Contact our Winter Park immigration firm today for your initial case consultation!

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