Habeas Corpus for ICE Detainees

When a loved one is being held by ICE, every day matters.
At Burt & Ngo, P.C., we help families fight unlawful and prolonged immigration detention through federal habeas corpus petitions — a powerful legal tool that allows the federal courts to review the government’s authority to hold someone in custody.

What Is a Habeas Corpus Petition?

A habeas corpus petition (28 U.S.C. § 2241) asks a federal judge to determine whether the government has the legal right to continue detaining someone. It is often the only remedy available when ICE or the Department of Homeland Security refuses to release a person who should not be detained or who has been held for months — or even years — without a bond hearing.

When Habeas Corpus May Apply

You may qualify to file a habeas petition if you or your loved one:

• Have been detained by ICE for an unreasonable period of time without a bond hearing.

• Were ordered released or granted bond but ICE refuses to release you.

• Are being held after winning a stay of removal or after your case is closed.

• Have a final order of removal but ICE has not been able to deport you and continues to detain you indefinitely.

• Are facing serious medical or mental-health concerns that detention makes worse.

What a Habeas Petition Can Achieve

• Federal Court Review of ICE’s detention authority.

• A bond hearing or release order when detention violates due process.

• Accountability for unlawful or retaliatory detention.

• In many cases, faster relief than waiting for ICE or the immigration court to act.

Why Choose Burt & Ngo

Our firm has extensive experience representing clients in ICE detention across the country. We understand the difference between immigration-court remedies and federal-court litigation — and we know how to coordinate both effectively.
We prepare each habeas case with the same precision we bring to removal-defense litigation, gathering medical, family-hardship, and procedural evidence to show why continued detention violates federal law.

Nationwide Representation

While our attorneys are based in California, Tennessee, and Nevada, we represent clients detained nationwide through admission to multiple federal courts and pro hac vice appearances. We have handled habeas petitions in:

• Washington (Tacoma NWIPC)

• Louisiana (Winn, Pine Prairie, Richwood)

• New York (Batavia)

• New Jersey (Elizabeth)

• Georgia (Stewart)

• Texas (Pearsall, Laredo, El Paso)

Wherever your loved one is detained, we can file directly with the appropriate federal court.

Take Immediate Action

If your family member has been detained by ICE for months with no bond hearing, or if ICE refuses to release them despite court orders, don’t wait. Federal court review may be the only way to secure their freedom.

📞 Call Burt & Ngo, P.C. at (510) 556-9498
or contact us online for a free consultation about filing a habeas corpus petition for your loved one.

You Need to Move Quickly to Stop the Deportation

Contact Us Now for a Free Attorney Consultation.

Client Feedback

Hear from our satisfied clients about their immigration experiences.

Javier R., Houston, TX

"I came to the U.S. running from cartel violence in Michoacán. I was scared, confused, and didn’t know where to turn. Burt & Ngo took my case seriously. They helped me apply for asylum, gathered all my evidence, and prepared me for my interview. Thanks to them, I was granted asylum and can finally sleep without fear. They didn’t just defend me — they believed in me."

María G., Los Angeles, CA

"When ICE took my husband, our whole world fell apart. I didn’t know where he was or what would happen to our family. When I called Burt & Ngo, they treated us with compassion from the very first moment. They located my husband, explained his court process, and fought hard for his release. Thanks to them, he came home, and we were able to continue his case without fear. I’ll always be grateful for how they protected our family when we needed help the most"

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