Immigration Habeas Corpus Lawyer for Brooklyn Families

If ICE is holding your family member and an immigration judge cannot or will not hold a bond hearing, a federal habeas corpus petition asks a United States district court to decide whether the detention is lawful. The petition is filed in the federal district where the person is physically held, not where the family lives or where the arrest happened. For families in Brighton Beach, Sheepshead Bay, Coney Island, Bensonhurst, Midwood and all five boroughs, the facilities that come up most are Orange County Jail and detention facilities in New Jersey, and each one points to a specific federal court.

Our Brooklyn office helps families sort out, quickly and honestly, whether habeas, a bond request, or both make sense. Consultations are by appointment, in person or by video. Call (888) 902-9285 or request a consultation.

What an immigration habeas petition is, and what it is not

A habeas petition under 28 U.S.C. § 2241 is a civil case against the officials holding your family member, starting with the person in charge of the facility. It asks a federal judge to look at one question: is this detention lawful? Depending on the facts, a judge may order release, order a bond hearing before an immigration judge, or deny the petition.

Habeas is not the deportation case itself. It does not decide whether someone can stay in the United States, it is not an appeal of a removal order, and filing it does not by itself stop a removal. The immigration court case keeps going at the same time, and it needs its own preparation. No lawyer can promise how fast a federal judge will act or what the judge will decide.

When habeas may fit instead of, or alongside, a bond hearing

Habeas is worth a serious look when:

• The immigration judge says there is no jurisdiction to hold a bond hearing, for example because the government classifies your relative as an "applicant for admission" under 8 U.S.C. § 1225(b).
• Detention has become prolonged without any individualized hearing on whether it is still necessary.
• There is a final removal order but removal is not happening. After a final order, the statute provides a 90-day removal period (8 U.S.C. § 1231(a)), and the Supreme Court in Zadvydas v. Davis, 533 U.S. 678 (2001), recognized six months as a presumptively reasonable period of detention. After that period, the person must provide good reason to believe there is no significant likelihood of removal in the reasonably foreseeable future; release is not automatic at six months.
• Someone who was released or paroled was re-detained without notice, a hearing, or any finding that circumstances changed.
• Bond was granted, but ICE has not released the person because the government invoked an automatic stay or appealed.

A relevant Second Circuit decision

New York is in the Second Circuit. In Barbosa da Cunha (2d Cir. 2026, 175 F.4th 61), the court sided with people who entered without inspection and were later arrested in the interior: they are generally held under the discretionary-bond statute, 8 U.S.C. § 1226(a), and can ask an immigration judge for bond. The court denied rehearing en banc on September 25, 2026. The catch for New York families is transfer. Many people arrested in the city are moved to New Jersey, which is in the Third Circuit, where the answer may differ. Where your relative is physically held matters as much as where they were arrested.

Where the petition is filed: Brooklyn-area facilities and federal courts

The general rule for a habeas petition challenging present physical custody is to file in the district of confinement and name the immediate custodian; counsel checks any applicable exceptions (Rumsfeld v. Padilla, 542 U.S. 426 (2004)). Here is how that plays out for the facilities Brooklyn families deal with most:

New York City has two federal districts: Brooklyn, Queens, Staten Island and Long Island are in the Eastern District (E.D.N.Y.); Manhattan, the Bronx and Orange County are in the Southern District (S.D.N.Y.). Many people arrested in New York are moved to New Jersey (Elizabeth or Delaney Hall), and then the petition belongs in the District of New Jersey, which follows Third Circuit law, not Second Circuit law. Others are sent to Batavia in western New York (W.D.N.Y.).

ICE transfers people often and without warning. Before anything is filed, the facility, the county and the district are confirmed again that day. If your relative is moved after a petition is filed, tell us right away; it can affect which court keeps the case.

Who files and appears in federal court

Federal habeas petitions are filed by a lawyer admitted to practice in that federal district court. Admission rules differ by court. Before you hire us, we tell you in writing who will prepare the petition and who will sign it and appear in federal court for your family member, whether that is our attorney or co-counsel we work with.

What your family should gather today

You do not need every item before calling. Start with what you have:

1. Full name, date of birth and country of birth exactly as on immigration papers.
2. A-number (the 8- or 9-digit number on ICE and court papers). If you do not have it, ICE's Online Detainee Locator can sometimes find the person by name, country and date of birth.
3. Where they are held now and the date ICE took them into custody.
4. How they entered the United States (visa, parole, at a port of entry, or without inspection) and any prior entries or removals.
5. Every paper from ICE or the court: Notice to Appear, custody or bond decisions, any immigration judge order, any order of supervision or parole document.
6. Criminal court dispositions, if any (the final outcome, not just the arrest).
7. Proof of ties: U.S. citizen or permanent-resident family, lease, tax returns, medical needs, letters from employers or community members.

Please do not post A-numbers or case details on social media or in public reviews.

How we review a detention case

1. Screening call. We listen, ask the questions above, and tell you plainly if we cannot help.
2. Records. We check custody location, classification and court status, and request records when needed.
3. Options in writing. We explain whether a bond request, a habeas petition, both, or neither fits, what each costs, and who will handle each part, before you pay.
4. Coordinated work. If habeas is filed, the immigration-court case is prepared in parallel so that one does not undercut the other.

Habeas, bond and the deportation case work together

Detention questions rarely stand alone. Read our Brooklyn bond hearing page for what an immigration judge looks at in a bond hearing. Our national guide to immigration habeas corpus explains the federal process in more depth.

Frequently asked questions

My family lives in Brooklyn. Why would the petition be filed somewhere else? Because habeas follows the body, not the family. The court is the one for the district where your relative is physically held today. For example, someone arrested in Brooklyn but held in Elizabeth, New Jersey, belongs in the District of New Jersey.

Does filing habeas stop a deportation? Not by itself. A habeas petition challenges detention. Stopping removal requires separate steps in the immigration case or a specific court order, and whether that is possible depends on the case.

How long does a habeas case take? It varies by court, judge, the government's response and the facts. We do not promise timelines. We explain the steps and keep you updated as the court acts.

Can we ask for bond and file habeas at the same time? Sometimes, yes. In some cases, a bond request comes first to create a record. In others, the judge has already said there is no jurisdiction, and habeas is the next step. We explain which order makes sense for your relative.

What if ICE moves my family member after we hire you? Call us right away with the new facility name. Transfers can change the court, and in some cases the circuit law that applies.

Do you handle the immigration court case too? Yes. We represent families in removal defense, bond hearings and related appeals. Each part of the work is explained, with its fee, in writing.

Talk with our Brooklyn office

Modern Law Group, P.C.
517 Brighton Beach Avenue, 2nd Floor, Brooklyn, NY 11235
Phone: (888) 902-9285
Hours: Monday to Friday, 9:00 a.m. to 5:00 p.m. Closed Saturday and Sunday.
Consultations are by appointment, in person or by video. We work in English, Spanish, Russian, Kyrgyz, Kazakh, Uzbek and Vietnamese (Vietnamese by video).

Request a consultation · Call (888) 902-9285

Attorney Deron E. Smallcomb has been licensed to practice law since 2012. Past results do not guarantee a similar outcome.

Start with a consultation: we listen, explain your options and our fees in writing, and tell you plainly if we cannot help.

Responsible attorney: Deron E. Smallcomb, admitted in California and Texas; not admitted in New York; practice limited to federal immigration law. Responsible firm: Modern Law Group, P.C., 789 Gateway Center Way, San Diego, CA 92102.

This page is general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship. Every case depends on its own facts, and no result is promised. Laws and court decisions in this area change often; this page was last reviewed on October 11, 2026.

Related guides

• Brooklyn office page
• Brooklyn bond hearing page
• Immigration habeas corpus (national guide)
• Bond hearing vs. habeas corpus
• ICE denied release: bond or habeas?
• ICE won't release after bond was granted
• Bond hearings after entry without inspection, by circuit
• ICE can't deport to Russia: Zadvydas and habeas