Understanding the Process
A plain-language guide to immigration law — from detention and bond hearings to asylum appeals.
Disclaimer: This is NOT legal advice. Always consult a licensed immigration attorney.
It is critical to obtain legal counsel as soon as a person is detained. The current legal strategy involves filing a Writ of Habeas Corpus before a detainee attends their scheduled asylum hearing. If the Habeas is granted and the detainee is released, they will be moved to the "non-detained" docket and their immigration hearing will be postponed for approximately one year due to the current backlog.
Habeas Corpus / Bond Hearings
The goal of this process is to be released from detention while your asylum case is active.
There are two paths to release: file a Habeas Corpus or request a bond hearing without filing a Habeas Corpus.
Habeas Corpus — filed in federal court and granted by a federal judge. Recommended. 90% of Habeas Corpus petitions are granted by federal court, though most are sent to immigration court for a bond determination.
Bond Hearing — filed in immigration court and determined by DOJ judges. Not recommended without first filing a Habeas Corpus.
Filing a Writ of Habeas Corpus is now preferred over simply requesting a bond hearing due to the involvement of a federal judge who can demand that a bond hearing take place. Attorneys must be licensed in Michigan to file a Habeas Corpus — confirm this before recommending legal counsel to a detainee or their family.
🎉 The Habeas Corpus Has Been Granted! Now What?
A bond hearing must be set within 5 days of the Habeas Corpus being granted. The government must notify both the detainee and their attorney at least 24 hours before the hearing.
📋 Documents That Help Support Bond Being Granted
- 1
Sponsorship letter from a U.S. citizen or legal resident, signed and accompanied by ID and proof of income. The sponsor must state that they are willing to provide housing, transportation to ICE appointments, and other financial support if needed.
- 2
Pay stubs and W-2s for the detainee.
- 3
ID, work permit, and Social Security card for the detainee.
- 4
Letters of support from employers, clergy, or U.S. citizens. All must be signed and accompanied by ID.
- 5
A current lease with the detainee's name on it.
- 6
Car insurance with the detainee's name on it.
- 7
Proof of U.S.-born children (passports or birth certificates).
Check Habeas Corpus Status
Track the status of your filed Habeas Corpus petition
Once a Habeas Corpus petition has been filed in federal court, you can check the status of your case online.
Asylum Process
The goal of this process is to stay in the U.S. permanently.
Master Hearing
The first, typically short (10–20 minute) procedural appearance in U.S. immigration court to begin removal proceedings. The judge verifies personal information, reviews allegations in the Notice to Appear (NTA), allows you to plead to charges, sets deadlines for evidence, and schedules a future Individual Hearing.
⚠️ At the Master Hearing, the detainee should request additional time to find an immigration attorney. The goal is to push the Individual Hearing out as far as possible — this buys critical time for a Habeas Corpus petition to be filed and granted before the Individual Hearing takes place.
Individual Hearing
Trial where the DOJ-appointed judge reviews evidence, hears testimony, and decides whether to grant asylum or order removal. These hearings historically took 2–3 hours. In the current climate, judges are allowing only ~15 minutes to present evidence — and in some cases are denying asylum without allowing any testimony.
Appeal to BIA
If asylum is denied, an appeal to the Board of Immigration Appeals (BIA) can be made. These appeals are heard by DOJ-appointed judges and are typically not successful.
Federal Appeal
If the BIA appeal is denied, the case can be appealed to the Sixth Circuit Federal Court of Appeals. This process can take up to two years.
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