Emotional Entry Section: The Breaking Point
When the System Says "No," We Go Higher.
Has your loved one been denied bond? Are they stuck in a facility with no end in sight? When ICE refuses to release a detainee or the immigration court moves too slowly, you are not out of options—you are just in the wrong court.
We move your fight from the backlogged immigration system into U.S. District Court, where a Federal Judge holds the government accountable.
Federal Court Litigators | 20+ Years Combined Experience | Bilingual Legal Team
What is Habeas Corpus?
The "Great Writ" of Liberty
A Habeas Corpus Petition (28 U.S.C. § 2241) is a federal lawsuit filed against the government. It is a powerful legal tool used to challenge unlawful or prolonged detention.
👉 Bypass the Backlog: We go directly to a U.S. District Court Judge to bypass the stalled system. This allows us to move your case forward without waiting for backlogged immigration courts to act.
👉 Demand Justification: The government must prove why they are keeping your loved one detained. We force the Department of Justice to provide a legal basis for holding them instead of granting release.
👉 Force a Hearing: We fight to secure a bond hearing or an immediate order of release. Our goal is to put your case in front of a judge who can finally grant the freedom your family deserves.
👉 End Indefinite Holding: No one should be held for months without a clear legal reason for their custody. We challenge the constitutionality of long-term detention to ensure your rights are fully upheld.
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Is This For You?
We specialize in cases where standard immigration paths have failed:
👉 Bond Denied: You have already been to immigration court and the judge said no. We go above the local judge to seek a federal release order.
👉 Prolonged Detention: Your loved one has been held for six months or longer without relief. We challenge the legality of this indefinite holding.
👉 Pending Appeals: You are stuck waiting for a decision from the BIA or Ninth Circuit. We file to ensure they are not detained during the wait.
👉 Reopened Cases: The case is back in motion, but ICE still refuses to grant a release. We force the government to justify the ongoing custody.
👉 Criminal History: Complex records are being used as a reason for mandatory detention. We dismantle these excuses to restore eligibility for bond.
Our High-Velocity Process
Rapid Case Audit (48 Hours)
We analyze the A-File and detention history immediately to identify every possible legal opening. This fast-track review ensures we build a foundation for release from the very first moment we take your case.
Strategic Filing
We draft and file a Petition for Writ of Habeas Corpus in the appropriate U.S. District Court. By moving the case into the federal system, we bypass the backlogged immigration courts to demand a higher level of review.
The Government Response
We force the Department of Justice to defend the detention in writing and justify why your loved one is held. This high-pressure tactic puts the burden of proof on the government, where it belongs under the law.
Litigation & Hearing
We argue the merits of the case before a Federal Judge to secure your loved one’s freedom and return them home. Our team provides aggressive representation in the courtroom to ensure your family's rights are fully protected.
Why Shan Potts Law Offices?
We Focus on Litigation, Not Just Paperwork.
Most immigration firms stop at the administrative level. We don't. At Shan Potts Law Offices, we are courtroom-tested litigators who understand the intersection of criminal law, immigration status, and federal rights.
👉 Proven Results: We have successfully secured releases for clients deemed "un-releasable" by ICE. Our firm focuses on delivering tangible results where other lawyers have given up.
👉 Urgent Advocacy: We treat every detention case as a high-stakes emergency. Our team moves with precision and speed to ensure the government is held accountable immediately.
👉 Direct Access: You work with a dedicated legal team that understands the urgency of a family being separated. We provide the support and clarity you need during this crisis.
👉 Federal Strategy: We go beyond paperwork to litigate in Federal Court. Our attorneys use every legal tool available to challenge the lawfulness of prolonged detention and win.
Frequently Asked Questions
How long does a Habeas case take?
Federal judges move much faster than the immigration backlog. While every court varies, our goal is a resolution in weeks, not years.
Is this the same as a Bond Hearing?
No. A Habeas petition asks a Federal Judge to rule that detention is unconstitutional, often forcing the court to grant a hearing.
Can we file if they have a record?
Yes. These are the cases that need Habeas the most. We specialize in navigating "mandatory detention" hurdles to secure a release.
What if there is a deportation order?
You can still file. If the government cannot deport someone quickly, federal law may require they be released from ICE custody.
Time is the Enemy. Federal Remedies Have Windows.
Don't wait for another month to pass in a detention center. Every day matters.
Contact Shan Potts Law Offices Now:
Spanish & English Speaking Staff Available.
Phone: 323-803-7147
Email: info@shanpottslaw.com
Text/SMS: 747-231-7426