What you should know about habeas corpus petitions

A habeas corpus petition (or just “habeas”) is a lawsuit filed in federal district court. It argues that a person’s immigration detention is unlawful. It asks a judge to order the person released. 

The judge could order one of these things:

• order the person released,
• order the immigration judge to hold a bond hearing to decide if the person should be released, or 
• deny the petition. 
   

A habeas petition does not give a person lawful immigration status in the United States.

• Fill out this information sheet and give a copy to someone who can help you if you are detained. Make sure you know your A#!
   
• Gather important papers. Keep them in a safe place. Make sure someone you trust knows where to find them. Important papers include things like:
  • immigration papers from you when you entered the United States 
  • Immigration papers from when you were released from immigration detention
  • Papers and documents that show your immigration status or pending immigration applications
  • any other legal papers, like for criminal cases
     
• Memorize important phone numbers:
  • emergency contacts 
  • your immigration lawyer, if you have one
     
• Find trusted organizations and lawyers that you or your family members can call in case you are detained.

• DO NOT sign any documents unless you understand exactly what they are
   
• Have someone you trust get your immigration documents and get them to a lawyer ASAP. 
  • If you do not have money to pay a lawyer to file a habeas petition for you, you may qualify for free legal help from the Minnesota Habeas Project. 
     
  • If you do not qualify for the Minnesota Habeas Project, you or someone you trust can help you file a habeas petition yourself using a Habeas Petition Form. The Habeas Explainer Packet is a helpful guide for filing a habeas petition yourself.
     
• Tell your emergency contacts if you’re going to be transferred to another detention center. 
  • Friends or family should check the ICE Detainee Locator or local county jail public rosters to find you.