Tagged #habeas-corpus
Every article we've published on this topic, sorted by the agency's own announcement date.
Federal judge orders ICE detainee's release based on Fifth Amendment due process violation
District of Montana rules that ICE detention without a bond hearing violates Fifth Amendment due process rights. Practitioner guidance on habeas corpus strategy and warrantless seizure challenges.
Tenth Circuit Rejects Trump \"No Bond\" Detention Policy, Requires Individualized Hearings
Federal appeals court rules that categorical detention without bond hearings violates due process; affects immigration practitioners in six states with implications nationwide.
Federal Court Orders Release of LPR on First Amendment Retaliation Grounds
An Indiana federal judge ordered ICE to release a lawful permanent resident detained under foreign policy grounds, finding sufficient evidence of First Amendment retaliation. Key precedent for habeas petitions invoking political speech.
Federal judge grants release to ICE detainee based on First Amendment retaliation claim
A federal judge ruled that ICE detention of a legal permanent resident violates the First Amendment when based on protected speech, establishing a new standard for habeas corpus review in immigration detention cases.
Santa Clara County Funds Expansion of Habeas Corpus Legal Aid Network
Santa Clara County commits $200,000 to expand the Bay Area Habeas Network, increasing attorneys available to file habeas petitions for people detained by ICE. Implications for removal defense practitioners and detainees in the region.
Supreme Court may decide attorneys' fees for immigration detention habeas cases
The Supreme Court is being asked to decide whether attorneys in immigration detention habeas cases can recover fees from the government under the Equal Access to Justice Act. A circuit split has emerged on whether habeas corpus challenges are civil actions.
Federal Judges Find Constitutional Workaround to 5th Circuit ICE Detention Ruling
District judges bound by the Fifth Circuit's February detention ruling are ordering bond hearings and releases on due-process grounds at rates that nearly match pre-ruling rejection levels.
The Great Writ comes to Covington: Why habeas petitions are flooding Kentucky federal court
A dramatic surge in immigration detainee habeas corpus petitions in Kentucky's federal court—from zero in 2024 to 147 in five months of 2026—reflects recent BIA policy changes that eliminated bond hearings and reclassified immigrants as 'arriving aliens.'
Ninth Circuit stays nationwide detention ruling; detainees now limited to individual habeas relief
The Ninth Circuit Court of Appeals has paused a California judge's nationwide class action order barring mandatory detention without bond. Practitioners must now advise detained clients of changed procedural options.
Immigration judges accused of setting 'sham' bond hearings with sky-high amounts
Lawyers report immigration judges ordering unusually high bond amounts and holding brief hearings that ignore evidence. Practitioners increasingly turn to federal habeas corpus petitions for relief.
6th Circuit Strikes Down Mandatory ICE Detention Rule, Reopens Bond Hearings
Federal appeals court rules against Trump administration policy barring bond hearings for most ICE detainees. Immigration attorneys in Wisconsin can now file bond motions for clients detained in the 6th Circuit.
2nd Circuit Blocks No-Bond Detention Policy: Circuit Split Deepens Over Trump Admin Mandatory Detention Rule
The 2nd Circuit Court of Appeals ruled April 28, 2026 that the Trump administration cannot detain immigrants without bond hearings, creating a binding circuit split that points toward Supreme Court review. What practitioners need to know about Barbosa da Cunha v. Lyons.
Second Circuit Blocks ICE's Mandatory Detention for Noncitizens Without Border Apprehension
The U.S. Court of Appeals for the Second Circuit ruled that ICE cannot hold most undocumented immigrants in detention without bond hearings, blocking a key part of the Trump administration's detention policy in Connecticut, New York, and Vermont.
Federal judge in Mississippi slow-rolling 290+ ICE detainee habeas petitions
Over 290 ICE detainees at Adams County Correctional Center have pending habeas corpus petitions before a single federal judge with no rulings on the merits since June 2025—a delay that affects bond relief strategy for removal-defense practitioners.
5th Circuit limits bond hearing options for detained immigrants
The 5th Circuit ruled that the Trump administration can hold certain immigrants in mandatory detention without bond. This impacts release strategies for practitioners in Louisiana, Mississippi, and Texas.
Federal Judge Orders Return of Venezuelan Migrants Deported Under Alien Enemies Act
U.S. District Judge James Boasberg ordered the Trump administration to facilitate the return of Venezuelan migrants deported to El Salvador, allowing them to challenge their removals in U.S. court. The ruling resolves how due process applies to Alien Enemies Act deportations.
Federal courts strained by detainees' habeas petitions under Trump detention policy
Multiple federal courts have declared judicial emergencies as immigrants challenge Trump's mandatory detention policy through habeas corpus. Learn how the detention policy changed and what practitioners need to know.