Tagged #habeas-corpus
Every article we've published on this topic, sorted by the agency's own announcement date.
How Volunteers Are Liberating Immigration Court Records
Habeas Dockets publishes immigration habeas corpus case documents that are legally public but restricted from online access under federal court rules, enabling faster case preparation for attorneys and transparency advocates.
Federal judge holds ICE official in contempt for unlawful Baltimore-area arrest
U.S. District Judge John deGravelles found ICE field director Vernon Liggins in civil contempt for directing agents to rearrest an Ethiopian man despite court orders. Practitioners should understand what this contempt ruling means for habeas corpus cases and ICE's obligation to follow judicial release orders.
Federal Judge Orders Release of Billings Father and Child from Havre Detention
A Montana federal judge has ordered the release of a Billings resident and child held by CBP in Havre, finding CBP lacked statutory authority to arrest and detain them without proper warrant or bond process.
Louisiana judge holds ICE official in contempt for repeated violations in Camp 57 case
U.S. District Judge John deGravelles found an ICE official in civil contempt and awarded compensatory damages for unlawful detention and court order violations involving an Ethiopian detainee at Camp 57.
Colorado federal judge rules direct federal court challenge to detention doesn't require prior bond hearing request
A Colorado federal judge ruled that detainees need not request a bond hearing before an immigration judge as a prerequisite to challenging their detention directly in federal court. The decision clarifies the pathway for habeas relief.
Trump's Mass Deportation Surge Is Overwhelming Federal Courts
Federal judges report unprecedented strain from Trump administration's ICE detention memo and fast-track asylum processing. Courts face explosive caseload growth and operational crisis.
9th Circuit Rules Trump Cannot Deny Detained Immigrants Bond Hearings
A 9th Circuit panel including a Trump appointee rejected the administration's mandatory detention policy, requiring bond hearings for immigrants detained in the U.S. The ruling deepens a circuit split likely headed to the Supreme Court.
Two Appeals Courts Strike Down Trump's ICE Detention Policy in Single Day
On July 30, 2026, federal appeals courts in the Seventh Circuit and another jurisdiction rejected the Trump administration's mandatory detention policy, marking the fifth and sixth consecutive appellate losses on the issue.
Federal judge rules mandatory immigration detention violates due process without individualized review
A Houston federal court order finds that applying INA mandatory detention statutes without considering an individual's circumstances violates Fifth Amendment rights, requiring release of witness detained after ICE shooting.
Federal Judge Blocks ICE From Using Missed Departure Deadline as Basis for Continued Detention
A New Jersey federal judge ruled that ICE cannot prevent someone from leaving the country, then detain them for missing a voluntary departure deadline—raising questions about how ICE applies mandatory detention in voluntary departure cases.
4th Circuit Affirms District Judge Can Hear Constitutional Challenge to ICE Detention
A split 4th Circuit panel ruled that federal immigration law does not strip district judges of jurisdiction to hear constitutional challenges to detention by noncitizens, disagreeing with other circuits.
Federal Judge Blocks Deportation of Houston ICE Shooting Witness
A U.S. District Judge has ordered DHS not to deport a witness in the fatal ICE shooting in Houston and restricted his transfer from a Texas detention facility pending a habeas petition.
Second Circuit Overturns Vermont Judge's Bail Order for Mahdawi; Bars District Court Habeas Review
Federal appeals court rules Vermont judge lacked jurisdiction to order Mahdawi's release from immigration detention; holds that immigration court exhaustion required before district court review.
Second Circuit Bars Habeas Relief Before Immigration Court Exhaustion in Mahdawi Case
Federal appeals court rules that district judges lack jurisdiction to grant habeas corpus relief in immigration detention cases before removal proceedings are exhausted in immigration court.
NJ Federal Judge Rules Government Cannot Detain Long-Term Resident Under Immigration Statute
U.S. District Judge Zahid Quraishi ordered ICE to release a lawful permanent resident detained at Delaney Hall, ruling the government used the wrong statute. The holding affects habeas corpus practice and detention authority nationwide.
Federal Judge Orders ICE Release of Detainees, Threatens Sanctions for Ignoring Court Orders
U.S. District Judge in Nevada ruled DHS mandatory detention policy unlawful and ordered immediate release of 17 detainees held months without bond hearings, threatening sanctions against ICE for non-compliance.
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.