Introduction

At Walker & Childs, PLLC, we're experienced in representing clients in habeas corpus cases. We are driven to get results for our clients. If you believe that your loved one is being unlawfully detained by U.S. immigration authorities, our law firm can help. To schedule a fully private consultation with an attorney, please call us today.

What You Need To Know

Under the American justice system, federal courts use a writ of habeas corpus in order to determine if a prisoner/detainee is being lawfully held by authorities. The right to bring a habeas corpus claim is foundational constitutional protection. In the context of immigration law, habeas corpus petitions are generally filed on behalf of an individual who is being held by U.S. Immigration and Customs Enforcement (ICE). Most often, that person is facing deportation from the United States. Through a habeas corpus petition, a person can do two things:

1. Challenge the legality of their detention (argue that the government does not have lawful authority to keep them detained), and

2. Seek release from custody (either immediate release or a bond hearing before an immigration judge).

In this way, habeas corpus serves as a critical safeguard against unlawful detention, ensuring that no individual is deprived of liberty without proper legal authority. It provides a direct and powerful path to federal court review when constitutional rights are at stake, making it one of the most effective tools available to challenge government overreach and secure freedom.

Habeas Corpus

Defending Liberty. Protecting Due Process. Relentless in Federal Court.

At Walker & Childs, PLLC, we represent immigrants facing unlawful detention with a singular purpose: to secure their freedom and vindicate their constitutional rights. With the increase in illegal detention of noncitizens, Walker & Childs, PLLC works hard to file and litigate habeas petitions in the federal courts with the goal of freeing as many people as possible as quickly as possible, recognizing that federal habeas corpus litigation is the most powerful tool available to challenge unlawful detention, defend liberty, and hold the government accountable when it oversteps its authority.

Whether an individual has a final order of removal, is detained despite compliance with supervision terms, is wrongfully arrested without bond or due process, or is seeking release pending immigration benefits, we bring deep federal litigation experience and strategic advocacy to each case.

We litigate federal habeas corpus petitions on behalf of noncitizens who are unlawfully detained, including:

Individuals with final orders of removal who cannot be deported yet are held without lawful justification — including claims arising under Zadvydas and related detention law (detention limitations under 8 U.S.C. § 1231).

People arrested unlawfully after crossing or while pending immigration benefits — securing immediate release and bond hearings where detention lacks a legal basis.

Refugee adjustment applicants detained (or who fear being detained) in spite of their pending applications for permanent residence.

Clients with deferred action, DACA, TPS, U-visas, or other forms of protection whose detentions are inconsistent with governing law.

Lawful status holders whose detention violates due process or statutory limits.

Every petition begins with a forensic review of whether federal detention — whether administrative, post-removal, or otherwise — complies with constitutional and statutory limits. We seek prompt release, expedited hearings, and judicial correction where agencies have acted unlawfully, and we are successful in the vast majority of cases.

The writ of habeas corpus, which originated with the Magna Carta, exists to safeguard liberty when government action exceeds constitutional or statutory authority. The Supreme Court has repeatedly held that prolonged or unjustified detention without judicial oversight runs afoul of fundamental rights — including in contexts where removal isn’t imminent or where statutory detention periods are exceeded.

We can file petitions in the U.S. District Courts in Arkansas and Colorado, and are actively working on getting admitted to other jurisdictions to be able to file additional petitions in other parts of the country. If you have a case in a different jurisdiction, please do not hesitate to reach out, as we may be able to get admitted to that jurisdiction or to find local counsel to assist us with the filing.

Recognizing that each instance of unlawful detention represents a constitutional crisis and ongoing emergency, we treat each new habeas case as an emergency, and will always file the petition for release within one week of being hired, while striving to file the petition much sooner where it is feasible to do so. We also makes a habit of making special requests to expedite the case and to otherwise urge the judge to treat your loved one’s detention as an emergency.

We have successfully obtained writs of habeas corpus and immediate release from unlawful immigration detention.

Securing release for lawful permanent residents subject to mandatory detention by proving statutory or constitutional violations.

Winning bond hearings and expedited release where none seemed available.

Challenging detention arising from improper immigration arrests.

Achieving relief for refugees, asylum applicants, TPS holders, and other vulnerable populations.

Approach and Philosophy

At Walker & Childs, PLLC, we approach habeas litigation with:

Meticulous legal analysis grounded in constitutional and statutory authority.

Relentless federal court advocacy — from district courts to appellate briefs.

Speed and urgency for detained clients whose liberty is at stake.

Personalized strategy tailored to each client’s specific legal circumstances and relief goals.

Habeas petitions are not routine — they are extraordinary remedies for extraordinary injustices. We bring extraordinary commitment to every case.