Writs of Habeas Corpus
A writ of “Habeas Corpus” is a legal procedure that protects prisoners from unlawful detention and holds the government accountable. Habeas Corpus is a significant law used to protect individual liberties and freedoms and protect individuals from abusive or arbitrary state action. Used strategically, Habeas Corpus can protect individuals from deportation in a number of different scenarios.
A Writ of Habeas Corpus May Be Used To Help individuals Fight Illegal Or Improper Deportations
Habeas Corpus review is available in certain circumstances to challenge wrongful deportations. Generally, Habeas Corpus can be used to determine whether: (1) the individual fighting the deportation is an alien; (2) the individual was ordered removed (deported); and (3) the individual is a lawful permanent resident (LPR), or was granted refugee or asylum status. In this type of review, Habeas Corpus requires the court to determine whether such order of removal was in fact issued, and whether it relates to the individual who filed the action. If you have been wrongfully removed for not being a lawful permanent resident, Habeas Corpus can be used to fight a deportation.
Habeas Corpus May Be Used To Challenge Or Vacate State and Federal Criminal Convictions
In certain situations, Habeas Corpus may also be used to vacate or reduce criminal convictions that have taken away an individual’s residency. Where successful, a vacation or reduction of a conviction will allow individuals with past criminal histories to stay in the country. These individuals will no longer be considered deportable or removable, and/or designated as “aggravated felons.” In many jurisdictions where state Habeas Corpus actions have failed, it may be possible to bring a federal Habeas Corpus action to vacate a state crime, and retain your residency.
It is important to note that recent law (AEDPA §§101-06) has imposed a one-year statute of limitations on using Habeas http://ow.ly/tSzHg
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