A 20-year-old Colombian asylum seeker was detained at immigration court in San Francisco but was successfully released after three days. Accompanied by supporters from his church, he faced arrest by ICE officers immediately after his court hearing. Lawyers utilized a habeas corpus petition to secure his release, challenging his detainment's legality in federal district court. This approach highlights innovative uses of existing legal procedures to defend the rights of asylum seekers in California, significantly altering the outcomes of similar cases.
A habeas corpus petition is essentially a demand to bring a person out of custody while it is determined whether that incarceration is legal.
Three days later, the 20-year-old man walked out of 630 Sansome St., his belongings in a brown paper bag, a relieved smile on his face.
The best chance at getting the man out of detention was to file what's called a habeas corpus petition.
He was taken through an unmarked door to the left of the courtroom, after which lawyers applied an old legal procedure in new ways.
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