Los Angeles and Fullerton Immigration Lawyers Advocating for Your Detention Release
If Immigration and Customs Enforcement (ICE) has reason to believe that a person has violated U.S. immigration laws, they may hold them in a U.S. government detention facility until the court resolves their case or relevant authorities grant their release.
In the past, it was possible to receive a release from detention by posting a bond issued by either an ICE officer or an immigration judge. However, under recent policy changes enacted by ICE, many detained individuals, particularly those who entered the country without authorization, are no longer eligible for bond hearings before an immigration judge.
This does not mean that a person detained on an immigration hold is left without options. If the ICE has detained you or a loved one, our attorneys at the Law Offices of Gita B. Kapur and Associates can evaluate your case and help you explore all available legal actions to seek release.
What Are Southern California’s Main Detention Facilities?
ICE can detain individuals for numerous reasons, the most common of which is unauthorized entry into the country and visa violations. In Southern California, detention rates have been increasing. Some of the biggest detention facilities in the area include:
- Adelanto Detention Center in San Bernardino, California
- Theo Lacy Facility in Orange, California
- James A. Musick Facility in Irvine, California
If you or a loved one has been detained and imprisoned in one of these facilities, it’s advisable to call an immigration attorney as soon as possible. We can help you protect your rights and advocate for your release.
Filing a Habeas Corpus Petition
Habeas corpus is a powerful legal tool protected by the U.S. Constitution. It allows both U.S. citizens and non-citizens to challenge detention by the government without a lawful reason. In immigration cases, a habeas petition primarily serves two crucial purposes:
- Challenging the right to detain: It petitions a federal district court to determine if ICE has any legal authority to hold the individual at all.
- Challenging the conditions of detention: It petitions the court to review whether ICE has the legal right to detain a person under specific conditions. This is especially the case if ICE denies their eligibility for a bond hearing or unreasonably prolongs their detention.
It’s crucial to note that a habeas petition directly challenges ICE’s power to detain you. However, it does not decide whether ICE can ultimately deport you from the U.S. It focuses solely on the legality of your current confinement.
Pursuing a Writ of Mandamus Action
A writ of mandamus is a lawsuit that can compel a government agency to take action when they have unreasonably delayed a decision on your application. This can include visa petitions or applications for lawful permanent residency (Green Card) or naturalization (citizenship).
It is an option for those who have:
- Repeatedly contacted the government agency, such as the U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State (DOS), through various channels, including InfoPass appointments, without receiving a satisfactory resolution
- Experienced severe backlogs or unexplained delays that are beyond their control, such as broader processing issues
- Life or future plans significantly impacted by the prolonged delay
It’s important to note that while a federal judge can order the government agency to make a decision, they cannot order them to approve or deny your application. The main purpose of a writ of mandamus lawsuit is to compel action, not dictate the outcome.
Moreover, while it does not directly challenge detention, a successful lawsuit may lead to the resolution of an underlying immigration case. This can then open a path to release for those in ICE custody. Our lawyers can help determine if filing a writ of mandamus is the right strategy for your specific circumstances.
Know Your Options: Call the Law Offices of Gita B. Kapur and Associates Today
Even with recent changes to bond hearing eligibility, our dedicated legal team is here to fight for your freedom and help reunite your family. We provide flexible payment plans for clients who qualify in Los Angeles, Fullerton, and the surrounding communities, including Long Beach, Pasadena, the San Fernando Valley, Santa Monica, Riverside, San Bernardino, Santa Ana and Palmdale. We also provide legal services in Spanish, Zapotec, Korean, Hindi, Punjabi, Gujarati, and Urdu.
Reach out to us today for a thorough case evaluation. Call us at 213-784-6598 or send us your concerns through our contact form.