Lawyers Using Habeas Corpus In Last-Ditch Efforts To Free Detained Immigrants | KQED
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Lawyers Using Habeas Corpus In Last-Ditch Efforts To Free Detained Immigrants | KQED
"This nightmare scenario happened to a 49-year-old Mexican in late June. He's been in this country for 26 years, owns a construction business and is the father of a United States citizen son, according to court documents filed by his lawyer Mitchell Shen. Immigration and Customs Enforcement (ICE) agents placed the man, who Shen asked KPBS to identify only as Mr. C, in the Otay Mesa Detention Center."
"Under previous administrations, people fitting Mr. C's profile - deep family ties, no flight risk, and no violent criminal record - would have been quickly released and allowed to fight their deportation case from home. But the Trump administration kept him locked up two weeks after his family paid bond, according to Shen. So Shen played the only card he had left: A federal lawsuit known as a writ of habeas corpus petition seeking Mr. C's release."
Immigration lawyers are increasingly filing habeas corpus petitions to challenge prolonged detentions amid an aggressive mass-deportation campaign. A 49-year-old Mexican immigrant with deep family and business ties remained detained in Otay Mesa despite an immigration judge granting release on a $3,000 bond his family paid. Under prior administrations similar cases would have resulted in prompt release to fight deportation from home. Habeas corpus is a longstanding legal right that serves as a last line against illegal detention. Governor Gavin Newsom closed multiple prisons, saving roughly $900 million annually, yet the state's corrections department continues to run a large deficit.
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