Families across Greater Boston face sudden instability when a loved one is taken into custody by Immigration and Customs Enforcement (ICE). Often, individuals are held in facilities like the Plymouth County Correctional Facility for extended periods without a clear end date. While the immigration court system handles most bond requests, some situations fall outside the typical immigration judge’s authority. In these cases, a Petition for a Writ of Habeas Corpus is a vital tool for challenging the lawfulness of a person’s physical confinement.

Understanding ICE detention and habeas petitions is the first step in learning how to fight for release. A habeas petition is not an appeal of a deportation order. Instead, it is a civil action filed in federal court, such as the U.S. District Court for the District of Massachusetts in Boston. This legal maneuver asks a judge to determine whether the government has the legal right to keep a person in custody. If the detention violates the U.S. Constitution or federal statutes, the court may order the individual’s release.

The Legal Foundation of Habeas Corpus in Immigration

The right to challenge unlawful imprisonment is a cornerstone of the American legal system. Under 28 U.S.C. § 2241, federal courts have the authority to grant writs of habeas corpus to prisoners who are in custody in violation of the Constitution or laws of the United States, which applies to non-citizens held by the Department of Homeland Security (DHS) just as it applies to criminal defendants.

In the context of immigration, these petitions often arise when the government holds a person for an unreasonable length of time. The Supreme Court established that the government cannot hold a person indefinitely if their removal is not significantly likely in the reasonably foreseeable future. Generally, detention exceeding six months triggers a closer look at whether the government is overstepping its bounds.

When to File a Habeas Petition in Massachusetts

Not every person in ICE custody needs a habeas petition. Many individuals can request a bond hearing before an immigration judge under 8 U.S.C. § 1226(a). But certain categories of detainees are subject to mandatory detention, meaning the immigration court may lack the power to set a bond.

We often look to habeas petitions when a person has been detained for months without a custody hearing, which often happens to individuals with certain prior criminal convictions or those who have already received a final order of removal but cannot be returned to their home country. If the government cannot secure travel documents or if the home country refuses to accept the person, the detention may become unreasonable under the Fifth Amendment’s Due Process Clause.

The Role of the U.S. District Court in Boston

When we file a habeas petition for a client in Massachusetts, the case typically moves through the U.S. District Court for the District of Massachusetts. Unlike immigration courts, which fall under the executive branch, the District Court is part of the judicial branch, which provides an independent layer of oversight.

The petition must name the immediate custodian as the respondent, which is usually the warden of the facility where the person is held. Because the Plymouth County Correctional Facility is currently the primary location in Massachusetts that houses ICE detainees under a federal contract, the petition is filed in the district where the facility is located. A successful petition requires showing that the detention is either statutorily unauthorized or constitutionally impermissible.

Challenging Prolonged Detention Without a Hearing

A major focus of habeas litigation in the First Circuit involves the right to a bond hearing. While some statutes appear to allow detention without bond, the Constitution requires the government to justify why a person must remain locked up. We argue that after a certain period, the government must provide a hearing at which it bears the burden of proving that the person is a flight risk or a danger to the community.

Evidence Required for a Successful Petition

Filing a petition is a technical process that requires specific documentation. The court needs to see the history of the detention, including the date of the initial arrest and any communications between ICE and the person’s home country. If the government claims they are trying to deport the person, we look for evidence that those efforts have stalled.

Evidence of community ties in Boston or surrounding towns can also be influential. Showing that a person has a place to live, a supportive family, and no history of failing to appear for court dates helps demonstrate that release would not undermine the immigration process. The goal is to prove that continued detention serves no legitimate government purpose.

Contact Toland Law, LLC for a Free Consultation

At Toland Law, LLC, we recognize the heavy toll that ICE detention takes on families in Massachusetts. We monitor the specific policies of the Boston Field Office and the conditions at local facilities to provide informed advocacy. 

Waiting for the government to act on its own is rarely an effective strategy. If an immigration judge has denied bond or ICE has refused to release a loved one despite a stalled deportation, a federal habeas petition might be the next step.

We provide free consultations to help you understand your options and the potential timelines for federal litigation. You can reach us at 857-347-3701 to discuss how we can assist in your fight for release. Our commitment is to provide diligent representation for those seeking a fair chance at freedom.

Toland Law, LLC