Habeas Corpus

When Administrative Channels Are Not Enough

Immigration courts and the Board of Immigration Appeals operate within the executive branch. When those processes produce an unlawful result—prolonged detention without a bond hearing, a removal order issued in violation of due process, or a constitutional question that the BIA lacks authority to resolve—federal habeas corpus provides a path to relief that administrative channels cannot.

Under 28 U.S.C. § 2241, federal district courts have jurisdiction to hear petitions from individuals in government custody who allege that their detention or removal violates the Constitution, federal law, or a treaty. Strasser Asatrian LLC handles these matters with the same depth of preparation that federal litigation demands. Ainsley Harrell, who focuses on appellate immigration work, collaborates closely with Harry Asatrian on habeas petitions before the federal district courts and in any subsequent appellate proceedings.

Prolonged Immigration Detention

Immigration detention can become unlawful when it extends for months—or years— without a meaningful opportunity for the detainee to contest continued custody. The Supreme Court's decision in Zadvydas v. Davis, 533 U.S. 678 (2001), established that indefinite post-removal-order detention raises serious constitutional concerns once six months have passed and removal is not reasonably foreseeable. Similarly, individuals held for extended periods during removal proceedings may be entitled to an individualized bond hearing at which the government bears the burden of justifying continued detention.

We file habeas petitions in federal district court on behalf of detained individuals who have been denied adequate bond hearings, whose detention has become prolonged without justification, or who are being held beyond the statutory removal period.

Challenging the Lawfulness of a Removal Order

While most challenges to removal orders are channeled through the BIA and the Courts of Appeals via petitions for review, habeas corpus remains available in certain circumstances where the courts of appeals lack jurisdiction or where the claim is purely constitutional in nature. We assess each situation to determine whether a direct petition for review, a habeas petition, or both provide the strongest path to relief.

Due Process Violations in Removal Proceedings

Individuals in removal proceedings are entitled to due process under the Fifth Amendment. When an immigration judge or the BIA has deprived a respondent of a fair hearing— by denying a continuance necessary to obtain counsel, by admitting evidence obtained through constitutional violations, or by failing to provide an adequate opportunity to present evidence—federal habeas corpus may provide a vehicle to raise those claims even after administrative review is complete.

Reinstatement of Removal and Withholding-Only Proceedings

Individuals subject to reinstated prior removal orders face a narrowed procedural track that limits the relief available before an immigration officer and a reasonable-fear review officer. When that process produces an outcome that is constitutionally infirm or exceeds statutory authority, federal court review through habeas corpus may be the only available avenue.

Our Federal Court Practice

Habeas corpus litigation in federal district court is distinct from proceedings before immigration tribunals. It requires drafting a precise petition, identifying the correct respondent (typically the warden or facility officer in charge), establishing jurisdiction and venue, and briefing complex questions of constitutional and administrative law on an often-expedited schedule.

Harry Asatrian has litigated immigration matters in federal court, including emergency applications for stays of removal. Ainsley Harrell brings additional depth to this practice through her work on appellate immigration briefs before the Board of Immigration Appeals, the Third Circuit Court of Appeals, and on matters before the U.S. Supreme Court. Together, they handle the full arc of federal habeas corpus representation—from the initial petition through any appeal.

Emergency Relief: Stays of Removal

When a client faces imminent removal and a habeas petition is the appropriate vehicle, timing is everything. We file emergency motions to stay removal in federal district court alongside the habeas petition, and where necessary, seek emergency relief from the Court of Appeals. We act the same day when the situation demands it.

When to Call Us

Contact our office immediately if you or a family member is in immigration custody and has been detained for an extended period without a meaningful bond hearing, if a removal order has been issued that you believe is unlawful, or if administrative appeals have been exhausted without relief. Habeas corpus filings are subject to strict deadlines and jurisdictional requirements, and early consultation is critical. Reach us at (973) 735-2716 or through our contact form.