Habeas Corpus: Relief for Those Wrongfully Detained

Carolina Antonini
37 minutes ago
4 min read

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Quick Summary: Immigration judges are no longer granting bond hearings to individuals who entered the US without inspection. Habeas corpus, a powerful legal process in federal court, can help challenge unlawful or prolonged immigration detention.

Key Points:

No bond hearings granted to individuals who entered the US without inspection
Habeas corpus allows you to challenge detention in federal court
Habeas corpus does not stop removal proceedings

Don't wait if your loved one is detained. Contact our experienced Atlanta immigration attorneys today at (470) 428-3200 to schedule your consultation.

At Antonini & Cohen, we know how. We fight harder.

📖 Standard Read

Immigration judges are no longer granting bond hearings to individuals who entered the US without inspection, a change that has left many families separated and individuals detained indefinitely. However, there is a powerful legal remedy available: habeas corpus.

Attorney Carolina Antonini, co-founder of Antonini & Cohen Immigration Law Group, explains how habeas corpus offers hope when traditional immigration court options are no longer available.

If you or a loved one is detained by ICE, don't wait. Contact our experienced Atlanta immigration attorneys today at (470) 428-3200 to schedule your consultation and review all options.

At Antonini & Cohen, we know how. We fight harder.

The New Reality of Immigration Detention

On September 5, 2025, the Board of Immigration Appeals ruled that those who entered without inspection are not eligible for bond. As a result, many individuals who were previously eligible for release on bond now face mandatory detention throughout their removal proceedings, a process that can take months or even years.

Understanding Habeas Corpus: Your Constitutional Right

When traditional immigration court remedies - like bond - are unavailable, you can petition for a writ of habeas corpus. This fundamental legal principle, which literally means "to bring the body," allows you to challenge unlawful immigration detention in federal court.

Through habeas corpus proceedings, a federal judge, rather than an immigration judge, reviews whether the government has lawful authority to detain you. This constitutional safeguard exists specifically to prevent unjust, unfair, or prolonged detention without proper legal justification.

How Habeas Corpus Works for Immigration Detention

Through habeas corpus, a federal judge may grant you immediate release from detention or order a bond hearing with an immigration judge. When you're granted release through habeas corpus, you can return home, work with your attorney, and prepare your defense against removal proceedings.

Take Action Now to Protect Your Rights

If you or a loved one are placed in removal proceedings, especially if you entered the US without inspection, time is critical. The experienced legal team at Antonini & Cohen Immigration Law Group will evaluate your situation and develop the best legal strategy to attempt to secure your release.

Contact Antonini & Cohen today at (470) 428-3200 to schedule your consultation with our Atlanta immigration attorneys.

At Antonini & Cohen, we know how. We fight harder.

📚 Video Transcript

Hi, I'm Carolina Antonini, a founding partner of Antonini & Cohen Immigration Law Group. I want to talk to you about detention, today. The Board of Immigration Appeals has changed the interpretations of laws.

This results in a prohibition of immigration judges from hearing or granting bonds to anyone who enters the United States illegally. This means that if you're arrested and you enter the United States without inspection, you can no longer count on the court to give you a bond hearing or a bond so that you can be released while your removal process is pending. We disagree strongly with this interpretation of the law, and we want to talk to you about what you can do and how we can help you.

If your loved one is detained, come talk to us. We can discuss the possibility of challenging his or her detention in federal court through a process called habeas corpus. Habeas corpus basically means "to bring the body", but it is a legal mechanism that gives you the right to challenge any detention that we deemed unlawful.

It matters because if you are detained as an immigrant and you cannot get a bond, you can ask a federal judge to hear your case and determine if immigration, in fact, has a lawful reason to detain you. Habeas corpus is used anytime when there is an unjust, an unfair, or a prolonged detention so that the person can be released.

A judge can order the release of the person or can order the immigration judge to have a bond hearing and issue a bond.

The habeas corpus doesn't fix your immigration problems, and it does not do anything to stop the removal proceedings or your case in removal proceedings. What it does is that it allows you to be released if you are granted so that you can fight your case.

If you or a loved one is facing detention by immigration, especially if you entered the United States without inspection, doesn't matter how long ago, please come and talk to us at Antonini & Cohen.

We know how. We fight harder.

Resources

Carolina Antonini is a founding partner of Antonini & Cohen Immigration Law Group and one of Georgia’s most respected immigration attorneys. For more than 30 years, she’s helped individuals, families, and businesses achieve their immigration goals with skill and compassion. Carolina is a teacher, mentor, and community leader who has served on boards, taught future lawyers, and earned numerous awards for her work. She also shares practical updates on her podcast, Hablando con Carolina.