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Practice Areas
Prolonged Detention (6+ Months) Denied Bond Hearings Mandatory Detention Challenges Stopping ICE Transfers Due Process Violations Unlawful Re-detention General Immigration The Process Success Stories Blog Get in Touch
Federal Habeas Corpus Litigation

A Habeas Corpus Petition
can end unlawful ICE detention
in federal court.

Is your loved one stuck in ICE detention with no end in sight? We don’t just wait for ICE—we file federal habeas corpus petitions to put your case before an independent judge who has the power to order a release.

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Fill out the form below to get started. All information is strictly confidential.

⚠️ Is a loved one currently in ICE custody? Every day counts. Call (862) 799-2200 or request an emergency case review — free eligibility assessment.
THE POWER OF HABEAS CORPUS

Your Habeas Corpus right to challenge detention

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. — U.S. Constitution, Art. I § 9

A Habeas Corpus petition is the most powerful tool in immigration law. It allows any person on U.S. soil to bypass ICE and ask a federal judge: "Is this detention actually legal?"

Immigration courts work for the government. Federal courts don't. This is why federal action works when the rest of the system fails.

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Independent Oversight

Federal judges do not work for ICE or the DOJ. They are independent and can overrule ICE decisions.

No More Silence

Once we file, the government must respond by a strict deadline. They can no longer ignore your case.

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Constitutional Right

This right belongs to everyone in the U.S.—regardless of citizenship status. It is your ultimate shield.

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Federal Authority

A federal habeas corpus order outranks any ICE decision — one of the most powerful legal remedies available.

OUR EXPERTISE

Habeas Corpus cases we handle

Arif Gozel, Esq. - Immigration Attorney
Arif Gozel, Esq.

Managing Attorney — Gozel Law Firm PC

Lead Counsel

Arif Gozel, Esq.

Founder & Managing Attorney

Attorney Arif Gozel founded Gozel Law Firm PC after working at two established immigration law firms in Washington, DC. His practice focuses on getting people out of ICE detention through federal court action.

He has represented families in federal courts nationwide—securing releases, blocking emergency transfers, and winning new bond hearings where others saw no hope.

Full Bio & Credentials →
Results

Cases like yours

Real outcomes for people who were stuck in ICE detention.

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HOW IT WORKS

Our Habeas Corpus process

1

We Review Your Case

Tell us what happened. We'll assess your loved one’s situation and tell you honestly if we can help—no obligation.

2

We Prepare the Petition

Our attorneys build a strong habeas corpus petition under 28 USC § 2241, explaining why the detention is unlawful.

3

We File in Federal Court

We bring your case before a federal judge. In emergencies, we can request immediate action.

4

The Court Decides

The government must respond on a deadline. The judge can order release or a new hearing.

CAN WE HELP?

This may apply to your situation if—

Your loved one has been held by ICE for 6 months or more with no sign of release or deportation

An immigration judge refused to even hold a bond hearing, claiming they lacked the power

ICE says your loved one must stay detained based on a wrong case classification

Your loved one was re-arrested at a routine check-in after being out for years

The hearing felt like a sham—no interpreter, denied evidence, or a biased judge

ICE is trying to move your loved one to a distant facility away from family

They have a pending asylum case but are being held without any chance to argue for release

The government cannot actually deport them, yet they continue to hold them in detention

FAQ

Habeas Corpus: common questions

It is a constitutional right that allows anyone—regardless of their status—to ask a federal judge to review if their detention is lawful. If the judge finds that ICE has no legal right to hold your loved one, they can order their immediate release. It is one of the most powerful legal protections in the United States.

An immigration judge works for the government. A federal judge is completely independent—they do not answer to ICE or any other agency. This means they have the authority to overrule the government and order your loved one’s release. It is a completely separate court system with significantly more power.

In emergencies—like stopping a transfer—we can get a response within days. For standard cases, the government is usually required to respond within 2 to 4 weeks. Most cases resolve within 2 to 12 weeks, which is much faster than the typical wait times in immigration court.

Yes. The Supreme Court has ruled that the government cannot detain your loved one indefinitely just because they have a deportation order. If they cannot actually deport your loved one and they have been detained for 6 months or more, a federal judge can order their release. The petition does not fight the deportation order itself — it challenges the fact that your loved one is being held without a lawful reason.

The most helpful details are the detainee’s A-Number, the name of their facility, and any court paperwork you have. However, do not let missing documents stop you. We can often request records directly from the government. The most important thing is to act quickly.

We provide a free initial case evaluation to see if your loved one qualifies for a federal challenge. If we take the case, we will discuss all fees upfront so there are no surprises. We understand this is a difficult time for families and work to provide clear, honest solutions from day one.

28 USC § 2241 is the federal statute that gives U.S. district courts the authority to grant a writ of habeas corpus. It is the legal basis for every petition we file on behalf of an ICE detainee. Under this law, anyone held “in custody in violation of the Constitution or laws… of the United States” can ask a federal judge to review whether their detention is lawful — and order their release if it is not.

CLIENT STORIES

What our clients say

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"Gozel Law Firm is one of the best for immigration cases. A family member was detained by ICE and Attorney Gozel secured his release. We are forever grateful."
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Lucia V.
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"We are so thankful we found this firm. They were supportive, handled all the paperwork accurately, and made a stressful experience feel manageable through their expertise."
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Pamela C.
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"We had no idea what to do. The team guided us every step of the way, answering all our questions with patience and professionalism. They are truly genuine and accommodating."
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Nicholas P.
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Every day in detention is a day away from your family.

If the immigration system has failed you, federal court may be the only answer. Let us review your case for free.

Get a Free Case Evaluation
Get in Touch

Talk to us today

Tell us about your loved one’s situation. We’ll review the case and give you a clear path forward—no cost, no obligation.

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(+1) 862-799-2200
✉️
info@gozellaw.com
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1066 Clifton Ave, Ste 201, Clifton, NJ 07013
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1934 Old Gallows Rd, Ste 350, Vienna, VA 22182
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