LP Habeas Corpus Lawyer NYC

Free, Confidential Case Review

If your loved one is in ICE custody right now, call instead of filling this out — 718-646-5783. Otherwise, a real attorney reviews your case and calls you back today.

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What is happening right now?(Required)

Someone I love was just detained by ICE

They’ve been detained for months with no bond hearing

An immigration judge denied bond

They have a deportation order but their country won’t take them back

ICE transferred them and I don’t know where they are

They were arrested at a check-in or at 26 Federal Plaza

Deportation is imminent and I need emergency help

Something else

100% confidential. No obligation.

call (212) 794-4001

NYC Habeas Corpus Lawyers — Fighting Unlawful ICE Detention

Immigration detention is supposed to be temporary. Too often it isn’t. People sit in custody for months without ever seeing a judge about their release — some for old convictions they already served time for, some who have no removal order at all, some whose country simply won’t take them back.

A petition for a writ of habeas corpus is the tool that breaks that silence. It is filed in federal district court, not immigration court, and it forces the government to come before a federal judge and justify why it is holding someone. When it works, the result is release — or a real bond hearing where the government, not your family, carries the burden of proof.

We file these petitions in the Southern and Eastern Districts of New York and in the District of New Jersey, where most people detained in the New York City area are held.

Emergency § 2241 habeas petitions in SDNY, EDNY & D.N.J.

Bond-hearing demands after prolonged mandatory detention

Post-removal-order release claims when deportation isn’t going to happen

Mike Gursoy, Esq.

Founding Immigration Attorney

AILA Member

NY & Federal Bar

20+ Years Practice

Years Practice

SDNY · EDNY · D.N.J.

Federal Courts

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Member

Admitted

NY & Federal Bar

Avvo

Top Rated

Super Lawyers

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BBB A+

Accredited

Admitted

SDNY & EDNY

You May Have a Habeas Claim If…

Your loved one has been detained for months and has never had a bond hearing

They’re being held without bond because of an old conviction they already served time for

They have a final removal order, but more than six months have passed and their home country won’t issue travel documents

An immigration judge denied bond, or ICE claims they aren’t entitled to a hearing at all

They were detained at a routine check-in, at a courthouse, or at 26 Federal Plaza

Deportation appears imminent and you need an emergency filing to stop it

ICE transferred them out of state and your family can’t get answers about where they are

Client testimonials

Real Clients. Real Results.

What to Expect

Find Them and Assess Fast

We locate your family member in the ICE system, confirm which facility and which federal district they’re in, and tell you honestly whether habeas is the right tool for their situation — or whether something faster is.

File in Federal Court

We prepare and file a § 2241 petition in the district where they’re being held, naming the officials with custody over them. Where removal is imminent, we file for an emergency stay at the same time.

Force the Government to Answer

The court orders the government to justify the detention on a schedule set by a federal judge — often weeks, not the months immigration court can take. We brief and argue it.

Release or a Real Hearing

Relief usually takes one of two forms: an order releasing your family member, or an order requiring a bond hearing where the government has to prove detention is necessary.

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Frequently Asked Questions

What is a habeas corpus petition, in plain English?

It’s a request to a federal judge asking one question: is the government allowed to keep holding this person? It’s filed in federal district court, separate from immigration court, and it puts the burden on the government to explain itself in front of a judge who does not work for the immigration system.

Can a habeas petition cancel a deportation order?

Generally no — that’s a different fight. Challenges to a removal order itself go to a federal court of appeals through a petition for review. Habeas targets the detention. In many cases we pursue both at once, and we’ll explain which applies to your family member’s situation on the first call.

How long has someone have to be detained before we can file?

There’s no magic number. Detention beyond six months without any bond hearing raises serious constitutional problems, but courts look at the whole picture — how long it’s been, why it’s taking so long, and whether it’s likely to end soon. Some cases are worth filing much earlier. Call and we’ll tell you where yours falls.

What if there’s a deportation order but their country won’t take them back?

This is one of the strongest habeas claims there is. The government generally cannot detain someone indefinitely after a removal order when there’s no realistic prospect of actually removing them. After roughly six months, that detention becomes challengeable.

ICE transferred them to Louisiana. Can you still help?

Yes. A habeas petition usually has to be filed where the person is physically held, so the answer depends on where they are now — which is exactly why timing matters. Call us before a transfer if you can. We coordinate with counsel in other districts when we need to.

They were picked up at a check-in. Isn’t that legal?

Being detained at a check-in doesn’t automatically make the detention lawful, and it doesn’t mean there’s no way to challenge it. Several of the strongest recent cases in New York came out of exactly this situation.

How much does this cost, and is the call really confidential?

The consultation is free and completely confidential — attorney-client privilege applies whether or not you hire us. We’ll be straightforward about fees before you commit to anything.

Free, Confidential Case Review

NYC Habeas Corpus Lawyers — Fighting Unlawful ICE Detention

Mike Gursoy, Esq.

AILA

Admitted

Avvo

Super Lawyers

BBB A+

Admitted

You May Have a Habeas Claim If…

Real Clients. Real Results.

What to Expect

Find Them and Assess Fast

File in Federal Court

Force the Government to Answer

Release or a Real Hearing

TELEMUNDO

NY1

EL DIARIO

AM NEW YORK

DAILY NEWS

Frequently Asked Questions

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