Challenging Unlawful Detention in Federal Court
When the government unlawfully restrains a person’s liberty, federal habeas corpus is often the most powerful—and sometimes the only—legal remedy. Habeas is not an appeal. It is a direct challenge to illegal detention, unconstitutional custody, or the government’s failure to follow the law. Our firm litigates federal habeas cases arising from both criminal and immigration detention, and we do so with the urgency and precision these cases demand.
Immigration Habeas: Challenging ICE and DHS Detention
We represent individuals detained by ICE or DHS when immigration custody violates the Constitution or federal law.
Immigration habeas cases may involve:
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Prolonged detention without bond
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Detention based on invalid or retroactive agency action
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Denial of meaningful custody review
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Unlawful transfers or jurisdictional manipulation
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Due process violations
When ICE claims detention is mandatory or beyond review, federal habeas is often the answer.
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Criminal Habeas (Unlawful Custody & Post-Conviction)
Federal habeas also provides relief in criminal cases where constitutional violations were not remedied in state court.
Criminal habeas cases may involve:
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Unconstitutional convictions or sentences
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Sixth Amendment right-to-counsel violations
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Due process failures at trial or plea
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Unlawful pretrial or post-conviction detention
These cases demand precision, deep record analysis, and federal litigation experience.
Federal Court Experience Matters
Federal habeas practice is highly specialized. Deadlines are strict. Jurisdiction is complex. Strategic errors can permanently foreclose relief. Sarah Gad is licensed to practice in federal court and litigates habeas cases with the urgency and rigor these matters require.
Our firm has successfully litigated a groundbreaking federal habeas case challenging unlawful executive detention, securing relief for our client and reaffirming the limits of government authority.​ We bring that same seriousness to every habeas case we take.
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Our Approach
We take habeas cases deliberately and litigate them aggressively. Our focus is:
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Early identification of unlawful detention
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Proper federal jurisdiction and forum selection
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Clear constitutional framing
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Decisive action when liberty is at stake
Habeas is not volume work. It is accountability work.
If you or a loved one is being detained unlawfully, call or text (612) 412-1710 to discuss whether federal habeas is the right next step.