NYC Immigration Detention & Habeas Corpus Lawyer
If someone you love was just detained by ICE, an immigration detention lawyer can act while the clock is still on your side. At Pollack, Pollack, Isaac & DeCicco, our New York attorneys fight to get people out of immigration custody through bond hearings and, when detention itself is unlawful, through habeas corpus petitions in federal court. ICE stands for Immigration and Customs Enforcement, the agency that arrests and holds people in immigration cases.
If a family member was detained by ICE in New York, do three things now: find them through ICE’s online detainee locator, write down their A-number, and call an immigration detention lawyer before any hearing. Fast action protects bond eligibility and can help stop a transfer out of state.
What do I do if my husband was detained by ICE?
Act in the first 24 to 48 hours, because early decisions shape everything that follows. Do not sign any document you do not understand, especially anything labeled a stipulated or voluntary removal, and do not let anyone pressure a quick signature.
Here is a short checklist for the first two days:
- Locate the detainee using ICE’s Online Detainee Locator System and save the facility name and phone number.
- Write down the A-number, the nine-digit alien registration number the government uses to track the case.
- Gather proof of identity, time in the United States, and family ties, since these support release.
- Do not discuss the case over recorded jail phone lines beyond the basics.
- Call an immigration detention lawyer before the first hearing.
How do I find someone detained by ICE?
Use ICE’s Online Detainee Locator to find where someone is being held. You can search by the person’s A-number and country of birth, or by their name and date of birth. The tool is free and available at locator.ice.gov.
If you cannot find your family member right away, do not panic, because it can take time for a new booking to appear or for a transfer to update. Keep the A-number handy, since it is the fastest way for us to locate the case, confirm the facility, and start working on release. If the person was moved to another state, the locator will usually show the new location once the transfer is processed.
Can a lawyer get someone out of immigration detention?
Often, yes, and there are two main ways to do it: an immigration bond and a habeas corpus petition. Which tool fits depends on why the person is being held and whether they qualify for release.
A bond is a payment that secures release while the immigration case continues. A habeas corpus petition is a separate case filed in federal court that challenges whether the detention itself is legal. Some people qualify for one, some for the other, and some for both at different stages. The right move is a fast case review so nothing is missed while your family member sits inside.
ICE custody and criminal custody are not the same thing
Immigration detention is civil, not criminal, even though it can feel exactly like jail. That difference matters, because the rights, the courts, and the paths to release are different from a criminal arrest.
In a criminal case, you go before a criminal judge and the criminal system sets bail. In an immigration case, you may go before an immigration judge at the Executive Office for Immigration Review, known as EOIR, and release runs through immigration bond rules instead. Sometimes the two systems overlap, such as when someone finishes a criminal sentence and ICE takes custody right after. We map both sides so nothing catches your family off guard.
How immigration bond hearings work in New York
An immigration bond hearing is your chance to ask an immigration judge to release your family member while the case, known as removal proceedings, goes on. In New York City, these hearings run through the immigration court at 26 Federal Plaza in Manhattan, and you can confirm court information at justice.gov/eoir.
Not everyone is eligible. Under a federal law called INA Section 236(c), certain people with specific criminal histories face mandatory detention, which means the immigration judge cannot set a bond at all. For everyone else, we prepare the case for release, gathering letters, records, and proof that the person is neither a flight risk nor a danger, then argue for the lowest bond the law allows. To understand the money side, see our explainer on how immigration bonds work.
Bond availability has been under active legal challenge, so the rules can shift. We keep our guidance current rather than treating today’s policy as permanent, and you can read our coverage of recent moves to strip bond hearings from immigrants.
When is a habeas corpus petition the right tool?
A habeas corpus petition is the right tool when detention itself has become unlawful, and a bond hearing either is not available or has not fixed the problem. Habeas is Latin for a demand that the government justify holding a person, and in immigration cases it is filed as a Section 2241 petition in federal district court.
It is often the answer in situations like these:
- Detention has dragged on unreasonably long without a real chance at release.
- A person is held with no bond hearing at all, including some mandatory-detention cases.
- Someone has a final order of removal but cannot actually be deported in the foreseeable future, which the Supreme Court addressed in Zadvydas v. Davis, generally pointing to a six-month marker.
- The custody itself is unlawful and needs a federal judge to review it.
For this firm’s clients, these petitions are filed in the Southern District of New York, known as SDNY, or the Eastern District of New York, known as EDNY, depending on where the person is held. This is federal court litigation, not immigration court, and it is one of the clearest reasons to hire a licensed firm rather than an unlicensed notary. If your family member is dealing with a final order of removal, habeas may still be on the table.
Bond hearing vs. habeas petition: which one do you need?
The two tools live in different courts and answer different questions, and this table is the fastest way to see the difference. Timelines vary by case and court schedule.
| Immigration bond hearing | Habeas corpus petition (Section 2241) | |
|---|---|---|
| Which court | Immigration court (EOIR), 26 Federal Plaza | Federal district court (SDNY or EDNY) |
| What it challenges | Whether the person can be released on bond during the case | Whether the detention itself is lawful |
| Who it usually helps | People eligible for release who are not under mandatory detention | People in prolonged or no-bond detention, or held after a final order when removal is not likely soon |
| Typical goal | A set bond amount and release | An order for release or for a bond hearing |
| Rough timeline | Days to weeks | Weeks to a few months |
Many strong strategies use both, in sequence, and choosing the right order is part of the work. For related options once a case is underway, see our page on waivers and other relief and our overview of removal proceedings defense.
What happens if ICE transfers a detainee out of New York?
Transfers are common, and they are the moment a New York detention case gets harder for families, so plan for the possibility early. ICE frequently moves people from New York to detention facilities in Elizabeth, New Jersey, or to upstate New York, and sometimes farther.
A transfer can change which court hears the case and which federal district a habeas petition belongs in, which is exactly why speed matters. We track the locator, move to keep the case anchored where the law allows, and adjust filings if a move happens. If your family is preparing for enforcement risk, our guide on emergency preparedness is a good place to start, and you can also read our coverage of fast-track removal in cases involving six hours notice.
Why families call Pollack, Pollack, Isaac & DeCicco
Families call us because detention cases need a firm that works in both immigration court and federal court, and we do both. A bond hearing and a Section 2241 petition are different skills, and having them under one roof means no time lost handing your case to someone else.
Our attorneys, including managing partner Conrad E. Pollack and partner Nelson A. Madrid, have defended New Yorkers for more than six decades. We speak Spanish, Chinese, Bulgarian, Russian, Hindi, Punjabi, and more, and every attorney is bilingual in English and Spanish, so you can explain what happened in your own words. As a premium firm built on family referrals, we give you a straight assessment in a paid consultation instead of empty promises. Prefer to read this en español?
Frequently asked questions
How fast can you get someone out of immigration detention?
It depends on eligibility and the court’s schedule, but bond cases often move in days to a few weeks once we file. Mandatory-detention and habeas matters usually take longer, from several weeks to a few months. We push for the fastest lawful path and tell you a realistic timeline for your specific case after we review it.
How much is an immigration bond in New York?
Bond amounts are set by the immigration judge and vary widely based on the person’s history and ties to the community. There is a legal minimum, but real-world amounts are often much higher. We come to the hearing with evidence built to lower the number, and we explain payment logistics so your family is ready to act the moment a bond is granted.
Can you file a habeas petition if there is no bond hearing available?
Yes, and that is one of the main reasons habeas exists. When someone is held under mandatory detention or held for an unreasonably long time with no hearing, a Section 2241 petition in federal court can ask a judge to order release or force a bond hearing. We assess whether the facts support a petition before we file.
What is an A-number and where do I find it?
An A-number is the nine-digit alien registration number the government assigns to a person’s immigration file, written as an A followed by nine digits. You can find it on immigration notices, work permits, or green cards, and the detention facility can confirm it. Having the A-number ready lets us locate the case and act faster.
Get help now
Detention cases are won or lost on speed and preparation. The first days set the range of what is possible, from a quick bond release to a federal habeas petition, and waiting almost always narrows the options.
From our office at 250 Broadway in Lower Manhattan, we help families across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and the surrounding region, including cases where a loved one has been moved to New Jersey or upstate.
