For years, our client did everything right. He complied with every ICE check-in, showed up when he was told to show up, and lived under an order of supervision without ever missing a single appointment. His entire family was counting on him staying home. Then, at his most recent check-in, everything changed, and it took an emergency federal court filing to fix it.
What Actually Happened
ICE obtained our client's travel document for the first time in 26 years, but they never told us. By law, ICE is required to notify a person “upon revoking” their Order of Supervision, and ICE failed to do this. Instead, our client walked into what he believed was a routine check-in, and walked into a detention ambush. ICE informed him on the spot that he was being deported to his country of birth, a country he hasn’t set foot in since he was 3 years old.
Our founding attorney Otis Landerholm met with the client immediately after the detention and made a decision that same afternoon: to sue ICE, to file an emergency writ of habeas corpus challenging the legality of the detention, in federal court, that same day.
Racing the Clock
Our team made this a top priority, cancelling other appointments and designating a paralegal to prepare a declaration, while another attorney helped draft and edit the filing. By 5:10 p.m., after the courthouse had technically already closed, the petition was filed, a lawsuit against ICE in federal court. By 7:00 p.m. that same night, a federal judge had already read it and issued an order requiring the government to respond by noon the following day.
The government filed its opposition on Friday, arguing that ICE's last-minute, in-person notice had been sufficient. The judge disagreed. After hearing both sides, the judge ruled that the detention was illegal and ordered our client to be released from custody immediately. By 6:00 a.m. the next morning, less than 48 hours after he had been detained, our client walked out of custody and returned to his family.
What Is a Habeas Corpus Petition, and Why Does It Matter?
A writ of habeas corpus is one of the oldest legal protections in American law. It allows a person, or their attorney, to ask a federal judge to review whether the government has a lawful basis to detain them. If the judge finds the detention unlawful, the judge can order the person's immediate release.
In immigration cases, a habeas corpus petition can be a powerful tool when someone is detained without proper notice, held beyond what the law allows, or denied basic due process. It does not replace an immigration case, it is a separate legal action filed in federal district court, and it can move remarkably fast when the circumstances demand it.
What This Case Teaches Immigrants Facing an ICE Check-In
- ICE is legally required to give notice to you or your attorney in certain detention circumstances, and failing to do so can make a detention unlawful.
- You have the right to challenge an unlawful detention in federal court through a habeas corpus petition.
- Time is critical. An emergency filing can be prepared, submitted, and ruled on within hours, not weeks.
- A detention is not the end of the road. Even after release, further legal steps may be available, like a motion to reopen the underlying case.
- Having an experienced legal team in place before a check-in dramatically increases your chances if something goes wrong.
The Power of Having a Team Behind You
Our client's case did not end with his release. We are now filing a motion to reopen his case, seeking to give him another opportunity in immigration court. This is what full representation looks like: not just showing up for a check-in, but being ready to act the moment things go wrong.
Facing an ICE Check-In? Don't Go In Alone.
If you have an upcoming ICE check-in, or if a loved one does, you do not have to face it without support. Contact Landerholm Immigration, A.P.C. today for a case evaluation.
Oakland: (510) 574-7377
www.landerholmimmigration.com
1900 Embarcadero, Suite 310, Oakland, CA 94606