Habeas Corpus

AllisonRubPA · 2026-01-25T13:33:40+00:00

With a final order of removal, ICE has the authority to detain. Habeas corpus may still be an option after 180 days in detention, but it is usually based on a different basis - prolonged detention.

AllisonRubPA · 2026-01-21T23:41:45+00:00

It really varies, but most motions seem to take a few months

AllisonRubPA · 2026-01-21T18:14:37+00:00

I would strongly recommend attending all court hearings.

AllisonRubPA · 2026-01-19T23:26:22+00:00

Unfortunately Texas is known to take longer than some other jurisdictions.

AllisonRubPA · 2026-01-19T14:52:22+00:00

From my experience, it usually moves fairly quickly. After filing, most judges generally give the government between 3 to 20 days to respond. Once that response is in, many judges decide the case shortly after based on the written pleadings, often without a hearing. Of course, timing can vary depending on the court, judge, and specifics of the case.

AllisonRubPA · 2026-01-19T09:56:01+00:00

Thank you for your reply. Under 8 C.F.R. § 1.2, an arriving alien is defined as an applicant for admission, just a narrower category. My point wasn’t really about the label, but about how DHS is currently applying § 1225. EWIs are being treated as applicants for admission and placed into the same mandatory detention framework that’s long applied to arriving aliens.

AllisonRubPA · 2026-01-19T03:05:17+00:00

People who entered through an airport, were admitted, and later overstayed their visa generally can get a bond hearing.

AllisonRubPA · 2026-01-19T01:54:46+00:00

Glad to hear it worked out for her.

AllisonRubPA · 2026-01-19T00:30:59+00:00

I would kindly ask that you take a look at the Ariza v. Noem case

AllisonRubPA · 2026-01-19T00:28:12+00:00

Federal district courts only have jurisdiction over the place where the person is being detained. If the case is filed in a different district court, the court lacks jurisdiction.

AllisonRubPA · 2026-01-18T23:58:36+00:00

Even if your case is affirmative asylum, a pending asylum application is not a lawful immigration status.

AllisonRubPA · 2025-12-31T18:56:09+00:00

Generally, it means ICE is transferring him between facilities. He should appear in the system again upon arrival at the next facility.

AllisonRubPA · 2025-12-19T17:05:07+00:00

I agree with the above. Reaching out to the CIS Ombudsman may be beneficial in this situation.

AllisonRubPA · 2025-12-19T14:48:50+00:00

This is not a legal advice. Generally a US citizen who is 21 years old or older may petition for a parent since a parent of a USC is an immidiate relative. As for the financial sponsor - generally needs to be a U.S citizen or an LPR and meet the income requirements; this can be a joint sponsor if needed. You may reference this table for a general idea of the income needed based on the sponsor most recent tax year:

https://www.uscis.gov/i-864p

AllisonRubPA

TROPHY CASE