This guide is designed to assist people detained by U.S. Immigration and Customs Enforcement (ICE) who do not have a lawyer to complete and file a petition for writ of habeas corpus. Habeas corpus is a right protected by the Constitution and by federal statute that allows individuals to challenge their detention or imprisonment as unlawful.
If you answer “Yes” to either of the two questions below, this guide is designed to help you challenge your detention by ICE and request release from immigration detention:
1. Before your current detention, were you ever:
- In immigration custody (even for a very short amount of time, such as near the border); and
- Released on bond, parole, or on your own recognizance?
OR
2. If this is your first time in immigration custody, did the Department of Homeland Security (DHS) know about you while you were living in the United States because:
- You submitted an immigration benefit application to United States Citizenship and Immigration Services (USCIS),
- You were on a check-in schedule with ICE or Intensive Supervision Appearance Program (ISAP),
- You attended an immigration court hearing; or
- Something similar?
If you cannot answer “Yes” to question 1 or 2 above, then you may need a different habeas petition template to challenge your detention by ICE.
Prepared templates of the legal documents in this pro se habeas packet and instructions are available here.
This Pro Se Habeas Packet was created by immigration and immigrants' rights advocates in northern and central California, including the American Civil Liberties Union Foundation of Northern California (ACLU NorCal) and the California Collaborative for Immigrant Justice (CCIJ). The guide is for informational purposes only and does not contain legal advice.
This habeas packet was last updated in July 2026.
