More than 31,000 immigrants filed habeas corpus petitions in federal courts over the past six months, challenging their detention by U.S. Immigration and Customs Enforcement, according to new data from the Transactional Records Access Clearinghouse.
The TRAC report found that 31,357 habeas petitions were filed between October 2025 and March 2026, as detained immigrants sought release and required the government to justify their detention in court. A habeas corpus petition allows individuals in custody to challenge the legality of their imprisonment before a federal judge.
The surge in filings follows a controversial federal court ruling in California tied to a shift in detention policy by the Department of Homeland Security.
In June 2025, DHS carried out raids in the Los Angeles area, detaining several long-term U.S. residents, including Lazaro Maldonado Bautista and others. The following month, DHS issued a policy reclassifying certain immigrants who entered without inspection as subject to mandatory detention under federal law, eliminating their eligibility for bond hearings.
That policy aligned with a Board of Immigration Appeals decision known as Matter of Yajure Hurtado, which interpreted immigration law to place such detainees under mandatory detention provisions, limiting their access to bond.
A federal judge in the Central District of California later ruled the policy unlawful, finding that such immigrants should instead be held under a separate statute that allows for discretionary detention and the possibility of release on bond. The court certified the case as a class action and ordered that affected detainees be given bond hearings.
When the government continued to apply its policy, the court enforced its ruling and vacated a Board of Immigration Appeals decision that had supported mandatory detention. However, the government appealed, and in March 2026 the 9th U.S. Circuit Court of Appeals issued a stay pending appeal.
As a result, the lower court’s broader order is currently on hold nationwide, and its impact is largely limited to detainees within the Central District of California. Detained immigrants are now filing habeas corpus petitions, one of the few legal tools currently available to challenge their detention.
Habeas corpus petitions were filed in 82 of the nation’s 90 federal judicial districts, with 10 districts reporting more than 1,000 cases during the six-month period.
The Western District of Texas, based in San Antonio, recorded the highest number of filings with 3,448 cases. It was followed by the Eastern District of California in Sacramento with 2,797 filings and the Southern District of Texas in Houston with 2,305 cases.
Seven additional districts each reported more than 1,000 filings, including the Southern District of California in San Diego with 1,740 cases and the District of Arizona with 1,104. The Central District of California in Los Angeles recorded 1,370 filings, while Minnesota reported 1,200.
Other districts with high numbers of petitions included the Middle District of Florida in Tampa with 1,196 filings, the Western District of Michigan in Grand Rapids with 1,084, and the District of New Jersey with 1,010.
TRAC noted that many of these districts have seen heightened immigration enforcement activity by ICE, which has drawn widespread public attention.
When adjusted for population, several smaller districts ranked among the highest in filings per capita, including the Western District of Louisiana, New Mexico, the Middle and Southern districts of Georgia, and the Western District of New York.
On a per capita basis, the Southern District of California ranked first, followed by the Western District of Texas. Filing rates in the top districts ranged from 211 to 500 lawsuits per million residents.
New York-based immigration attorney Khagendra GC said many Nepali detainees have also been released through habeas corpus cases.
“Many Nepalis are being released through habeas corpus petitions, and we are handling a large number of these cases,” GC said. “Although the Department of Justice had instructed immigration courts that the California ruling applied only within that jurisdiction, federal district courts are now ordering immigration courts to provide bond hearings in response to habeas petitions.”
He said some judges have ordered detainees released without bond hearings, while others have directed immigration courts to hold hearings within seven to 10 days. “In many cases, immigrants have been released after bond hearings, though some are denied release based on flight risk or public safety concerns, even for minor misdemeanor offenses,” GC said.
According to GC, federal district courts issue decisions within three weeks in roughly 80% to 90% of habeas corpus cases, although some judges take longer.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
