Since January 2025, over 18,000 immigrants have filed federal court petitions challenging whether they can be lawfully detained — more than were filed during the previous three administrations combined. In 2025 alone, approximately 8,000 habeas corpus petitions were filed, with 3,000 filed in December alone. The Western District of Texas received 759 federal habeas petitions in 2025, more than any previous year.
These numbers reflect a fundamental legal confrontation between the government's expanded detention practices and the constitutional rights of individuals held in custody.
Habeas corpus is a centuries-old legal principle enshrined in the U.S. Constitution. It requires the government to justify its detention of any individual before a federal judge. When someone is held without a bond hearing, without judicial review, or for an unreasonably prolonged period, a habeas corpus petition can compel the court to evaluate whether that detention is lawful.
The right cannot be suspended except by Congress, and no such suspension has been enacted. Federal courts across the country continue to hear and decide these petitions.
The data from 2025 is striking. Federal judges ruled in favor of detained immigrants in approximately 97% of decided habeas cases — 350 wins out of 362 decided cases across roughly 160 different judges in about 50 federal courts nationwide. Over 300 federal judges rejected the government's detention approach, compared to just 14 who sided with the government.
This near-unanimous judicial response underscores what immigration attorneys have long argued: prolonged detention without a hearing violates fundamental due process rights.
In September 2025, the Board of Immigration Appeals ruled that immigrants who entered the United States without inspection are ineligible for bond hearings before immigration judges. This decision effectively closed the standard path to release for a significant number of detainees, leaving habeas corpus as the primary — and in many cases the only — avenue for challenging detention.
A successful habeas petition can result in:
Kambo Law has successfully obtained writs of habeas corpus securing the release of clients held in ICE detention. We understand the urgency of these cases — every day in detention matters. If you or a loved one is being held without a bond hearing or has been detained for an extended period, contact us immediately. Time is critical.
Need legal guidance? Contact Kambo Law, PLLC to schedule a consultation. We serve clients across New Jersey and New York.
