If ICE is holding your husband, wife, son, daughter, or parent — and the immigration judge won’t even let you ask for bond — you may still have a way to fight for their release. It just isn’t in immigration court. It’s in federal court.

Burga Law Firm represents families across the Inland Empire whose loved ones are detained at the Adelanto ICE Processing Center, the Golden State Annex in McFarland, and the Otay Mesa Detention Center in San Diego. When immigration court is not an option, we go to federal court and file a petition for writ of habeas corpus to challenge unlawful detention directly.

Why Won’t the Immigration Judge Just Set a Bond?

This is the single most common — and most frustrating — question we hear from families. Here is the honest answer.

Immigration judges only have the power Congress and the Attorney General have given them, and for a large group of detained immigrants, that power does not include setting bond. Under a controlling Attorney General decision, Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019), and the federal regulation at 8 C.F.R. § 1003.19(h), an immigration judge has no legal authority to hold a bond hearing for someone classified as an “arriving alien” — which typically includes people recently apprehended at or near the border, people processed through expedited removal, and people who passed a credible-fear interview and were then placed in regular removal proceedings. For these detainees, custody is a decision made entirely by ICE — and the immigration judge cannot review it, no matter how strong the case for release is.

This is not a matter of the judge being unwilling to help. It is a jurisdictional wall. The judge cannot hear the bond request at all.

That does not mean release is impossible. It means the request has to go somewhere else: a U.S. District Court, in a habeas corpus action under 28 U.S.C. § 2241. A federal judge — not an immigration judge — has the authority to review whether continued detention is lawful, and to order the government to either provide a bond hearing or release the detainee outright. In many cases, it is only after a federal court grants habeas relief that the immigration court gains any ability to act on custody at all.

If your family member entered the country without inspection and has now been detained with no bond hearing offered, this is very likely the legal wall standing between you and their release — and federal habeas corpus is very likely the door around it.

What Is a Habeas Corpus Petition?

A writ of habeas corpus is one of the oldest protections in American law — a court order requiring the government to justify why it is holding someone in custody. In the immigration detention context, it means asking a federal district court judge to review whether ICE’s detention of your family member is lawful, and to order a bond hearing or release if it is not.

A habeas petition is separate from the removal case in immigration court. Filing one does not end or replace the immigration proceedings — it runs alongside them, focused specifically on the legality of continued detention.

Detention Centers We Handle

  • Adelanto ICE Processing Center (Adelanto, San Bernardino County) — habeas petitions for Adelanto detainees are filed in the U.S. District Court for the Central District of California.
  • Golden State Annex (McFarland, Kern County) — habeas petitions are filed in the U.S. District Court for the Eastern District of California.
  • Otay Mesa Detention Center (San Diego) — habeas petitions are filed in the U.S. District Court for the Southern District of California.

Filing in the correct district, against the correct respondents, is one of the first and most important steps — a petition filed in the wrong court can be dismissed or transferred, costing precious time for someone in custody.

What the Process Looks Like

  1. Case evaluation. We review the detention history, custody classification, and immigration case posture to determine whether habeas is the right vehicle — and whether there are grounds such as prolonged detention, due process violations, or an unreasonable denial of bond jurisdiction.
  2. Petition and filing. We draft and file the habeas petition in the correct federal district, naming the proper government respondents (typically the facility warden, ICE field office director, and DHS/DOJ officials).
  3. Emergency relief where warranted. In cases involving urgent medical needs or other emergency circumstances, we can seek expedited relief, including a temporary restraining order or ex parte application, rather than waiting on the ordinary briefing schedule.
  4. Government response and briefing. The government has an opportunity to respond, and the case proceeds on a briefing schedule set by the district court.
  5. Court order. If the court agrees that detention is unlawful or that a bond hearing was wrongly denied, it can order the immigration court to conduct a bond hearing, or order the detainee’s release.

Every case is different, and how long each stage takes depends on the district, the judge, and the specific facts of the case.

Frequently Asked Questions

What is a writ of habeas corpus?

It is a request asking a federal court to review whether the government is lawfully detaining someone and, if not, to order a bond hearing or release. It is a constitutional safeguard against unlawful custody, separate from the immigration removal case itself.

Why won’t the immigration judge hear my family member’s bond request?

Under Matter of M-S- and 8 C.F.R. § 1003.19(h), immigration judges lack jurisdiction to redetermine bond for detainees classified as “arriving aliens” — commonly those recently apprehended near the border or processed through expedited removal and credible fear. Custody in these cases rests solely with ICE unless a federal court intervenes.

Does filing a habeas petition affect the removal case in immigration court?

No. A habeas petition addresses only the legality of continued detention. The removal proceedings continue on their own track in immigration court.

How long does a habeas corpus case take?

It varies by federal district and by the judge assigned, and depends on whether emergency relief is requested. We can give you a realistic timeline once we’ve reviewed the specific facts of your family member’s case.

Can you help if my family member has an urgent medical issue in detention?

Yes. Medical emergencies and serious health and safety concerns can support a request for expedited or emergency relief, which we evaluate as part of the case review.

Which detention centers do you handle habeas cases for?

We currently handle habeas matters for detainees at the Adelanto ICE Processing Center, the Golden State Annex in McFarland, and the Otay Mesa Detention Center in San Diego.

What should I do right now if my family member was just detained?

Contact us as soon as possible. Habeas corpus cases move on federal court timelines, and early action — before positions harden and evidence goes stale — makes a real difference. Have your family member’s full name, date of birth, A-number (alien registration number), and detention location ready when you call.

Contact Burga Law Firm Today

If your loved one is detained at Adelanto, Golden State Annex, or Otay Mesa and cannot get a bond hearing in immigration court, do not wait to find out what your options are.

Call our office today:

  • Fontana office: 909.347.7171
  • Rancho Cucamonga office: 909.538.8320
  • Pomona office: 909.397.5888

Se habla español.

This page provides general information about federal habeas corpus relief for ICE detainees and does not constitute legal advice. Every case depends on its own facts, and past results do not guarantee a similar outcome in any other matter. Contact our office directly to discuss your family member’s specific situation.

Habeas Corpus

If ICE is holding your husband, wife, son, daughter, or parent — and the immigration judge won’t even let you ask for bond — you may still have a way to fight for their release. It just isn’t in immigration court. It’s in federal court.

Burga Law Firm represents families across the Inland Empire whose loved ones are detained at the Adelanto ICE Processing Center, the Golden State Annex in McFarland, and the Otay Mesa Detention Center in San Diego. When immigration court is not an option, we go to federal court and file a petition for writ of habeas corpus to challenge unlawful detention directly.

Why Won’t the Immigration Judge Just Set a Bond?

This is the single most common — and most frustrating — question we hear from families. Here is the honest answer.

Immigration judges only have the power Congress and the Attorney General have given them, and for a large group of detained immigrants, that power does not include setting bond. Under a controlling Attorney General decision, Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019), and the federal regulation at 8 C.F.R. § 1003.19(h), an immigration judge has no legal authority to hold a bond hearing for someone classified as an “arriving alien” — which typically includes people recently apprehended at or near the border, people processed through expedited removal, and people who passed a credible-fear interview and were then placed in regular removal proceedings. For these detainees, custody is a decision made entirely by ICE — and the immigration judge cannot review it, no matter how strong the case for release is.

This is not a matter of the judge being unwilling to help. It is a jurisdictional wall. The judge cannot hear the bond request at all.

That does not mean release is impossible. It means the request has to go somewhere else: a U.S. District Court, in a habeas corpus action under 28 U.S.C. § 2241. A federal judge — not an immigration judge — has the authority to review whether continued detention is lawful, and to order the government to either provide a bond hearing or release the detainee outright. In many cases, it is only after a federal court grants habeas relief that the immigration court gains any ability to act on custody at all.

If your family member entered the country without inspection and has now been detained with no bond hearing offered, this is very likely the legal wall standing between you and their release — and federal habeas corpus is very likely the door around it.

What Is a Habeas Corpus Petition?

A writ of habeas corpus is one of the oldest protections in American law — a court order requiring the government to justify why it is holding someone in custody. In the immigration detention context, it means asking a federal district court judge to review whether ICE’s detention of your family member is lawful, and to order a bond hearing or release if it is not.

A habeas petition is separate from the removal case in immigration court. Filing one does not end or replace the immigration proceedings — it runs alongside them, focused specifically on the legality of continued detention.

Detention Centers We Handle

  • Adelanto ICE Processing Center (Adelanto, San Bernardino County) — habeas petitions for Adelanto detainees are filed in the U.S. District Court for the Central District of California.
  • Golden State Annex (McFarland, Kern County) — habeas petitions are filed in the U.S. District Court for the Eastern District of California.
  • Otay Mesa Detention Center (San Diego) — habeas petitions are filed in the U.S. District Court for the Southern District of California.

Filing in the correct district, against the correct respondents, is one of the first and most important steps — a petition filed in the wrong court can be dismissed or transferred, costing precious time for someone in custody.

What the Process Looks Like

  1. Case evaluation. We review the detention history, custody classification, and immigration case posture to determine whether habeas is the right vehicle — and whether there are grounds such as prolonged detention, due process violations, or an unreasonable denial of bond jurisdiction.
  2. Petition and filing. We draft and file the habeas petition in the correct federal district, naming the proper government respondents (typically the facility warden, ICE field office director, and DHS/DOJ officials).
  3. Emergency relief where warranted. In cases involving urgent medical needs or other emergency circumstances, we can seek expedited relief, including a temporary restraining order or ex parte application, rather than waiting on the ordinary briefing schedule.
  4. Government response and briefing. The government has an opportunity to respond, and the case proceeds on a briefing schedule set by the district court.
  5. Court order. If the court agrees that detention is unlawful or that a bond hearing was wrongly denied, it can order the immigration court to conduct a bond hearing, or order the detainee’s release.

Every case is different, and how long each stage takes depends on the district, the judge, and the specific facts of the case.

Frequently Asked Questions

What is a writ of habeas corpus?

It is a request asking a federal court to review whether the government is lawfully detaining someone and, if not, to order a bond hearing or release. It is a constitutional safeguard against unlawful custody, separate from the immigration removal case itself.

Why won’t the immigration judge hear my family member’s bond request?

Under Matter of M-S- and 8 C.F.R. § 1003.19(h), immigration judges lack jurisdiction to redetermine bond for detainees classified as “arriving aliens” — commonly those recently apprehended near the border or processed through expedited removal and credible fear. Custody in these cases rests solely with ICE unless a federal court intervenes.

Does filing a habeas petition affect the removal case in immigration court?

No. A habeas petition addresses only the legality of continued detention. The removal proceedings continue on their own track in immigration court.

How long does a habeas corpus case take?

It varies by federal district and by the judge assigned, and depends on whether emergency relief is requested. We can give you a realistic timeline once we’ve reviewed the specific facts of your family member’s case.

Can you help if my family member has an urgent medical issue in detention?

Yes. Medical emergencies and serious health and safety concerns can support a request for expedited or emergency relief, which we evaluate as part of the case review.

Which detention centers do you handle habeas cases for?

We currently handle habeas matters for detainees at the Adelanto ICE Processing Center, the Golden State Annex in McFarland, and the Otay Mesa Detention Center in San Diego.

What should I do right now if my family member was just detained?

Contact us as soon as possible. Habeas corpus cases move on federal court timelines, and early action — before positions harden and evidence goes stale — makes a real difference. Have your family member’s full name, date of birth, A-number (alien registration number), and detention location ready when you call.

Contact Burga Law Firm Today

If your loved one is detained at Adelanto, Golden State Annex, or Otay Mesa and cannot get a bond hearing in immigration court, do not wait to find out what your options are.

Call our office today:

  • Fontana office: 909.347.7171
  • Rancho Cucamonga office: 909.538.8320
  • Pomona office: 909.397.5888

Se habla español.

This page provides general information about federal habeas corpus relief for ICE detainees and does not constitute legal advice. Every case depends on its own facts, and past results do not guarantee a similar outcome in any other matter. Contact our office directly to discuss your family member’s specific situation.