When an ICE arrest happens without warning, habeas corpus in New Jersey may allow a federal court to review whether that custody is lawful.
Below, you’ll learn what this tool does (and does not do), what a family needs to get started today, and the first steps to move quickly.
If you also want a broader explanation (definition, legal basis, and general scenarios), see our main guide on the legal foundation for habeas in immigration.
Habeas corpus in New Jersey: ICE detention and when to call immediately
Situations where it makes sense to act today
It’s smart to call right away if any of these situations happen, even if the person has no criminal record:
- The person was detained by ICE in New Jersey and the family doesn’t know where they are.
- There is a risk they may be transferred to another state, which can complicate legal strategy.
- There is no clarity on whether there will be an immigration bond hearing, or you hear the phrase “mandatory detention.”b
- The detention is dragging on and there is no clear path out (prolonged detention).
Recently, Curbelo Law’s legal team has achieved favorable outcomes in habeas corpus cases in New Jersey for people who were unlawfully detained by ICE.
In several of these cases, clients had no criminal record and were detained while returning from work, walking in their neighborhood, or waiting at a bus stop.
That’s why habeas corpus in New Jersey can move fast when the facts support federal review.
In the news: This isn’t just theoretical—major U.S. outlets have covered ICE detention cases that reference our firm’s work. In coverage by CNN and CBS, attorney Carolina Curbelo is mentioned in reporting related to ICE custody and the habeas corpus pathway.
If there’s a detention and no clear path to release, it’s worth evaluating options as early as possible—because timing directly shapes the strategy.
Two details that let us assess a case in minutes: the A-Number and the detention location
To make an initial evaluation fast and meaningful, two details are typically needed from the start:
- A-Number
- The exact place where the detention occurred (facility, county, city)
With the A-Number, your family can try to locate the person using the official ICE detainee locator and move forward with verified information.
If you need a quick step-by-step guide, you can also review how to locate someone detained by ICE.
A micro first step for families: what to send and what to expect on the first call
To start immediately, it often helps to send:
- A-Number, full legal name (as it appears on documents), date of birth, and location.
- Timeline: when the detention happened, whether there were transfers, and whether there is already a court/hearing date.
- Medical emergencies or vulnerabilities, if any.
In practice, gathering these details quickly speeds up the evaluation and, when appropriate, can support urgent filings in federal court.
Urgency warning signs: when habeas may be critical
If there’s no bond hearing or they say “there’s no jurisdiction”
A common red flag is hearing “there’s no bond” or “there’s no jurisdiction.” That doesn’t always mean there’s no path forward, but it does mean it’s worth reviewing options with:
- Speed,
- A bond hearing,
- Steps in immigration court, and,
- In certain cases, a habeas petition as a mechanism for judicial review.
To better understand how a hearing works and what happens in court, many families start with the key steps in a bond hearing, then coordinate the strategy with an attorney—because each case turns on the details.
If detention continues without an individualized review
When someone remains detained for weeks or months without a real individualized review, families often feel there’s no way out.
At that point, it’s worth evaluating whether a federal court should review the legal basis for custody and due process, depending on the type of detention and the case history.
In many cases, the person had lived in the United States for more than 10 years, had U.S. citizen or resident family members, and had paid taxes for years.
Keep in mind: these facts do not guarantee release, but they can matter when properly documented and integrated into a sound strategy.
If there’s a transfer risk to another state—and time matters
ICE transfers can happen quickly. When the place of custody changes, the federal court with practical jurisdiction to file a petition may also change. That’s why acting early isn’t dramatics—it’s strategy.
With transfers, habeas corpus in New Jersey may need to be assessed immediately.
In urgent scenarios, it also helps when a family has a plan in place. A useful resource is a protocol for alerting contacts if ICE detains someone, so you don’t lose valuable hours gathering basic information.
In New Jersey, more and more families face detention with no clear path to release; in that situation, habeas corpus can serve as a constitutional safeguard against unlawful detention.
What habeas can do in an ICE detention case
Release or urgent relief when the law supports it
A habeas petition asks a federal court to examine whether the custody is lawful. Depending on the facts, it may rely on federal statutes such as 28 U.S.C. § 2241 and due process arguments.
When there are grounds to argue the detention violates the law, the firm may file a petition for habeas corpus (writ of habeas corpus) in U.S. District Court and explain why the custody must be reviewed.
There is no “automatic formula.” Viability depends on the facts, available evidence, and a realistic plan.
An order for an individualized bond hearing in certain situations
In certain cases, a petition may seek an order requiring an individualized bond hearing.
In these matters, Curbelo Law has achieved immediate releases or, alternatively, federal court orders directing an immigration judge to conduct an individualized bond hearing for the client.
When that hearing is granted, the firm has also secured release on bond in some cases—allowing the person to return home with family while the immigration case continues.
If your family needs to know how to pay a bond or where it’s handled, it helps to review options for paying an immigration bond in advance to avoid delays caused by logistics.
Judicial review of the legal basis for custody and due process
Beyond seeking release, the strategy may focus on the legal basis for custody and due process.
In New Jersey, the key is that the litigation happens in federal court, which changes the playing field compared to an approach based only on immigration court procedures.
If the family suspects there may be a prior order or previous proceedings, it’s often essential to first review how to confirm a deportation order and align the strategy with the true status of the record.
Brief ethical note about past results
Past results do not guarantee future outcomes. Every case is decided on its facts and evidence, and a responsible strategy avoids absolute promises.
Where cases are litigated in New Jersey—and why it matters
The practical difference between federal court and immigration court
Immigration court (EOIR) handles the removal case. Federal court, by contrast, can review the legality of detention through a habeas petition—depending on the type of custody and the case history.
In New Jersey, these petitions are filed in the United States District Court for the District of New Jersey. You can find the court on its official website.
At Curbelo Law, the team has litigated habeas petitions in this federal court for ICE detention cases and has achieved favorable outcomes where the law and evidence support relief.
Why strategy can change based on the district and custody
Strategy depends on where the person is being held and what decisions already exist in the record.
If custody changes or there is a transfer, the practical jurisdiction analysis can change as well. That’s why it’s important to confirm the location through official sources and avoid assumptions.
How the firm works: speed, strategy, and coordination with the family
Immediate evaluation: what gets analyzed in hours, not weeks
In a rapid evaluation, we typically review:
- Exact location and current custody (to avoid jurisdiction mistakes).
- Detention history and key dates.
- Whether there was (or was not) a real individualized review.
- Evidence of family and community ties: family, employment, taxes, and community support.
In practice, the team has handled cases involving people with no criminal record who were detained in everyday situations.
That’s why the first step isn’t to assume—it’s to document what happened, when it happened, who is holding the person, and what legal pathways exist.
That said, none of this is automatic. It requires a solid federal litigation strategy, command of habeas case law, and a practical understanding of how immigration detention works in New Jersey.
An approach designed to protect jurisdiction and reduce transfer risk when applicable
When there’s a transfer risk, the approach often prioritizes speed and coordination. That’s why it matters to confirm details, gather minimum viable evidence, and act without losing days.
For some families, it can also be helpful to review preventive steps such as what to do during ICE raids.
Clear communication: today, 48 hours, and the first 7 days
- Today: Confirm location, A-Number, and case status.
- Within 48 hours: Gather critical documents (orders, receipts), define a logistics plan, and identify witnesses and evidence of family and community ties.
- First 7 days: Build a consistent narrative supported by evidence, prepare options (bond, motions, and, when appropriate, habeas), and avoid contradictions with official documents.
Micro-timeline (0–7 days): fast steps for the family
- 0–24 hours: locate the detainee, confirm custody, and collect the A-Number.
- 24–48 hours: gather the NTA/orders, basic timeline, and transfer details.
- 48–72 hours: prepare evidence (employment, family, taxes, housing).
- Day 3–7: set the strategy (bond, motions, and, if appropriate, habeas) with the complete record.
At Curbelo Law, the team has litigated cases resulting in favorable outcomes, including orders for individualized bond hearings and, in certain scenarios, release.
Areas and cities in New Jersey where we respond urgently to ICE detentions
We handle ICE detention matters and habeas petitions across New Jersey. That said, urgency is often greater when the detention, arrest, or the family’s residence is in these areas—because the time factor can be decisive.
In those scenarios, the strategy is coordinated from day one with the federal pathway in New Jersey when appropriate.
- North Jersey: Newark, Elizabeth, Jersey City, Paterson, Passaic, Hackensack, Clifton, Fairview, North Bergen, West New York, Union City, and surrounding areas (Essex, Union, Hudson, Passaic, and Bergen).
- Central Jersey: New Brunswick, Edison, Woodbridge, Perth Amboy, Plainfield, and surrounding areas (Middlesex, Somerset, and nearby regions).
- South Jersey: Camden, Cherry Hill, Atlantic City, Vineland, and surrounding areas (Camden, Atlantic, and Cumberland).
If your family member was detained in New Jersey or there’s a transfer risk, act today: confirm custody, verify the A-Number, and define the strategy (bond, motions, and, when applicable, habeas in federal court).
What your family needs to get started today (checklist)
Minimum essentials: exact name, A-Number, date, and place of detention
To keep the evaluation fast, it helps to have from the start:
- Exact full legal name and date of birth.
- A-Number.
- Date and place of detention.
- Current custody location (if there were transfers, note each transfer with date and location).
How to locate the detainee and check case status
ICE provides official resources to locate someone in custody and confirm basic information. You can review the fact sheet on locating detained individuals for guidance.
To check immigration court case status, EOIR offers its online system in English—many families start by checking case status through EOIR’s ACIS and then confirm dates through official notices.
Documents that speed up the evaluation: NTA, orders, receipts, and history
These documents often help assess options more precisely:
- Notice to Appear (NTA): to identify allegations and the legal basis of the case. If your family isn’t sure what this is, you can start with our quick guide to the Notice to Appear.
- Prior immigration orders (if any).
- USCIS receipts and DHS correspondence.
- Proof of family and community ties: such as tax records, employment proof, lease/mortgage, community letters, and U.S. citizen or resident family members.
In practice, many detained people have spent years building a life in the United States. Documenting that reality with evidence (not just words) is often critical in a hearing or judicial review.
What not to do: signing without understanding, incomplete information, and scams
- Do not sign documents you don’t understand.
- Do not fill in facts based on assumptions. Inconsistencies can undermine credibility.
- Be cautious of “notarios” or anyone promising guaranteed results.
If the case is ongoing and your family fears a fast removal, it may help to review steps to stop removal proceedings and explore complementary procedural routes based on the record.
Frequently asked questions about habeas corpus in New Jersey
How long does it take for a habeas case to move in federal court?
It depends on the court, the type of request, and the urgency you can demonstrate. Habeas seeks judicial review, but there is no “guaranteed timeline.”
To estimate timing more accurately, it’s usually essential to have a clear chronology of the detention, transfers, and issued documents.
How is it different from requesting bond in immigration court?
Bond is litigated in immigration court. Habeas, by contrast, asks a federal court to review the legality of custody.
In some cases, the strategy can be coordinated—seeking an individualized bond hearing and preparing evidence of family and community ties.
To understand what happens in court, it may help to review how an individual hearing works.
Can you file if they said “mandatory detention”?
Some cases are classified as mandatory detention, but that does not automatically eliminate every option.
Viability depends on the facts, history, and available legal arguments. It may matter in certain scenarios, but it always requires an individualized analysis.
Can it help if there’s a transfer risk to another state?
Yes—transfer risk can be a critical reason to act quickly because the custody location affects strategy. That’s why we emphasize confirming location and the A-Number from day one.
What information is needed to get started today?
Typically, you only need the A-Number and the detention location, plus a basic timeline. When families provide that information and key documents from the start, the evaluation is usually much faster.
Is there a right to an attorney in detention?
In immigration proceedings, many people are not automatically appointed a lawyer, so families often must seek representation.
That’s why it helps to act quickly and bring verifiable information from the first contact.
Do years in the U.S. and U.S. citizen or resident family members matter?
They can matter as part of family and community ties and stability—especially in an individualized bond hearing.
Curbelo Law has litigated cases involving people with more than 10 years in the U.S., U.S. citizen or permanent resident family members, and a long history of paying taxes. These factors can help when well documented, but they do not replace the legal analysis of the case.
How we can help with an ICE detention in New Jersey
At Curbelo Law, habeas corpus is an essential tool—not a last resort—especially when immigration enforcement intensifies. Every day in detention matters, and delays can have real consequences.
Our approach combines detention defense and, when appropriate, federal habeas litigation so a court can review the legality of custody.
We evaluate habeas corpus in New Jersey when detention and timing make it relevant.
If you or a loved one is currently detained by ICE in New Jersey, or if there is an imminent risk of detention, it’s important to consult a legal team experienced with habeas petitions in the U.S. District Court for the District of New Jersey.
- Rapid evaluation: We review the A-Number, custody location, timeline, and key documents.
- Clear strategy: We analyze available options such as a bond hearing, motions, and, in certain cases, habeas.
- Family coordination: We tell you exactly what evidence to gather today so you don’t lose time.
- Human approach: We present your story with supporting proof (family, work, taxes, and community) when it applies.
If your family member is detained, contact us today to evaluate a habeas corpus in New Jersey. Having the A-Number and the location speeds up the initial evaluation.
If you need broader support, you can also review options related to local representation through immigration guidance in New Jersey to understand how a comprehensive defense is coordinated.
Note: This information is general and does not replace a legal evaluation of your case. Every situation is different; freedom should not depend on assumptions.
