KNUTSON LAW, PLLC
Immigration Detention Lawyer in New York — Bond Hearings and Habeas Corpus
Immediate legal representation for individuals detained by ICE — bond hearings, federal court habeas corpus petitions, and emergency filings. Nationwide. Russian-speaking service available.
When a family member is detained by ICE, every hour matters. As an immigration detention lawyer serving New York and clients across the country, I represent individuals in bond hearings before immigration judges and in habeas corpus petitions before federal courts — the two primary legal tools available to challenge detention and pursue release.
If an immigration judge has denied a bond hearing or if someone has been held for months without any hearing at all, the case does not end there. Federal courts have independent authority to review the legality of detention — and in 2025 and 2026, they have been doing exactly that, at historically high rates.
ICE Detention: What It Is and What You Can Do
Immigration and Customs Enforcement (ICE) has authority to detain individuals who are subject to removal proceedings or who have existing removal orders. Detention can happen at an airport, at a scheduled check-in appointment, at home, or in a public place.
Being detained does not mean deportation is inevitable. Detained individuals have legal rights — including the right to a bond hearing before an immigration judge, the right to legal representation (at their own expense), and in certain circumstances, the right to challenge the detention itself in federal court.
In 2026, ICE is detaining significantly more people than in previous years, including individuals with no criminal history, long-term residents, and people with pending immigration cases. The legal tools to challenge detention exist — but they require prompt action and experienced counsel.
Bond Hearings: The First Line of Defense
A bond hearing is a proceeding before an immigration judge where we argue for the detained person's release — either on a specific bond amount starting from $1,500. It is typically the fastest route to getting someone out of detention while their immigration case continues. As of July 2026, bond hearings are allowed in the 2nd, 6th, 10th, and 11th federal circuits.
What we present at a bond hearing:
— Length and nature of U.S. residence — how long the person has lived here, where, and under what circumstances
— Family ties — U.S. citizen or permanent resident family members, children, dependents
— Employment history — stable work, contribution to the community
— Absence of criminal history, or context explaining prior criminal matters
— Community ties and roots — religious community, school enrollment, property ownership
— Flight risk assessment — prior compliance with immigration requirements
A well-prepared bond hearing presentation can result in release on a bond amount that is affordable for the family — or, in some cases, release without bond. An unprepared hearing can result in denial or an unaffordably high bond amount.
What if the bond is denied?
If an immigration judge denies bond — or claims to have no jurisdiction to hold a bond hearing at all — the case does not end. A denial of bond by the immigration judge can be appealed to the Board of Immigration Appeals (BIA). And in situations where the judge claims no jurisdiction, a federal habeas corpus petition may be the appropriate next step.
What Is Habeas Corpus and Why It Matters in 2026
Habeas corpus — Latin for "you shall have the body" — is one of the oldest legal principles in the Anglo-American tradition. It is embedded in the U.S. Constitution and gives any detained person the right to ask a court to review whether their detention is lawful.
In immigration, a habeas corpus petition is filed in federal district court under 28 U.S.C. § 2241. Unlike immigration court, which is part of the executive branch (the Department of Justice), federal court is an independent Article III court. Federal judges are appointed for life and are not subject to direction by the administration.
This matters in 2026 because immigration court judges have been operating under dramatically shifting directives from above — including rulings that have eliminated bond hearings for broad categories of detainees. Federal courts have consistently stepped in to review these situations, and the results have been meaningful.
When to File a Habeas Corpus Petition
Not every detention situation calls for a federal habeas petition — and not every petition will succeed. The table below identifies the situations where this tool is most likely to be applicable and effective.
If you are unsure whether a situation qualifies, the right step is a prompt consultation. The window for some of these filings is narrow — particularly emergency filings to stop a transfer.
Immigration Court vs. Federal Court: Understanding the Difference
Families often do not understand that immigration court and federal court are entirely separate systems with different judges, different rules, and different powers. The comparison below clarifies when each applies.
Habeas corpus is not a replacement for immigration court proceedings — it operates alongside them. A successful habeas petition secures release from detention. The underlying immigration case continues in immigration court, where we continue to represent the client.
The Habeas Corpus Process — Step by Step
Jurisdiction is critical. The petition must be filed in the federal district where the detained person is physically held — not where they lived before detention. ICE sometimes transfers detainees specifically to move them to less favorable jurisdictions. Filing quickly, before a transfer, preserves access to more favorable courts.
The Habeas Corpus Process — Step by Step
Some detention situations require immediate action — measured in hours, not days.
Situations requiring emergency filing:
— ICE is about to transfer the detainee to a facility in another state or a remote location
— A deportation flight is scheduled, and removal is imminent
— The detainee is in a facility without adequate medical care, and their health is at risk
— The detainee was arrested without a warrant or under a legally defective order
In these situations, we can prepare and file an emergency petition — including a request for a temporary restraining order — within 24 to 48 hours. We have filed emergency petitions that have stopped transfers the same day they were served.
If you believe an emergency situation exists, call immediately. Do not wait to gather all documents — we can begin working with what is available and gather additional materials as the case proceeds.
What Happens After Release
Release from ICE detention is not the end of the immigration case — it is the beginning of the next phase. When someone is released on bond or through a habeas petition, their underlying immigration proceedings continue in immigration court.
We continue to represent clients through their immigration court proceedings following release — including removal defense, asylum applications, appeals, and any motions that arise. Detention and the immigration case are handled together, as one matter.
For clients released after a long period of detention, there may also be deadlines that were missed or filings that need to be addressed urgently. We assess the status of the underlying case immediately upon engagement.
Why Russian-Speaking Families Call Us
The call we receive most often from Russian-speaking families goes like this: "My husband went to his check-in appointment and did not come home. They said there is nothing we can do."
There is almost always something that can be done. The question is how quickly we move and whether the right steps are taken in the right order.
— We respond to urgent detention calls same day.
— We communicate with families in Russian, explaining clearly what is happening and what the options are.
— We file bond hearing requests promptly and prepare thoroughly for each hearing.
— We assess habeas corpus eligibility from the moment of engagement.
— We have experience with both immigration court and federal court proceedings.
— We handle cases across the country — not just in New York.
Frequently Asked Questions
Related Practice Areas
Immigration detention cases often involve overlapping legal issues.
We also handle:
— Deportation defense — removal proceedings, BIA appeals, motions to reopen
— Asylum — affirmative and defensive applications, appeals after denial
— U visa — for crime victims cooperating with law enforcement
— Family-based immigration — green cards, spousal petitions, reunification
— Criminal defense in New York — with attention to immigration consequences
Contact an Immigration Detention Lawyer — Today
If someone you know has been detained by ICE — or if you are concerned about an upcoming check-in or court appearance — do not wait. The earlier we are involved, the more options are available.
We handle bond hearings, habeas corpus petitions, and emergency filings for clients in New York and across the country. We communicate in Russian and English. We respond to urgent calls the same day.
The information on this page is for general informational purposes only and does not constitute legal advice. Every case is unique. Contact us for a consultation specific to your situation