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The Writ of Habeas Corpus involves a judicial mandate given by the federal court to the state court to release an individual from custody or to repeat the trial, sentencing, or other proceeding that led to the prisoner’s custody. Around 16,000 to 18,000 cases are filed annually by the state prisoners for habeas corpus relief.

The State or Federal detainees can use the Writ of Habeas Corpus as a procedure and extraordinary remedy for post-conviction relief. The detainee may seek to vacate, set aside, or correct the underlying sentence for which he or she is in custody under the writ. The writ of habeas corpus basically acts as a writ of inquiry to question the reasons or grounds for restraint and detention. Thus, the writ can be used as a safeguard against imprisonment by compelling the responsible enforcement authorities to provide valid reasons for the detention for a person who is held in violation of the law. The writ can help in attaining an immediate relief from unlawful impeachment, by ordering immediate release unless with sufficient legal reasons and grounds.

Unlawful detention may cause collateral immigration consequences due to a criminal conviction. Speak to a criminal immigration lawyer to determine whether a Writ of Habeas Corpus can be filed on your behalf. To schedule your appointment contact us at 201-518-6642201-518-6642 (Jersey City Office) or at 732-750-1269732-750-1269 (Woodbridge Office). You can also email your appointment request to us at info@surtilaw.com. For Immigration Matters, we represent clients in all 50 states of the United States.