Habeas Corpus

Defending Liberty. Protecting Due Process. Relentless in Federal Court.

At Ratkowski Law PLLC, we represent immigrants facing unlawful detention with a singular purpose: to secure their freedom and vindicate their constitutional rights. Since August of 2025, with the increase in illegal detention of noncitizens, Ratkowski Law has worked tirelessly to file and litigate habeas petitions in the federal courts with the goal of freeing as many people as possible as quickly as possible, recognizing that federal habeas corpus litigation is the most powerful tool available to challenge unlawful detention, defend liberty, and hold the government accountable when it oversteps its authority.

Whether an individual has a final order of removal, is detained despite compliance with supervision terms, is wrongfully arrested without bond or due process, or is seeking release pending immigration benefits, we bring deep federal litigation experience and strategic advocacy to each case.

What We Do

We litigate federal habeas corpus petitions on behalf of noncitizens who are unlawfully detained, including:

Individuals with final orders of removal who cannot be deported yet are held without lawful justification — including claims arising under Zadvydas and related detention law (detention limitations under 8 U.S.C. § 1231).
- Pro tip: if you have previously been released on an Order of Supervision and you are subsequently arrested by ICE, you do not need to wait for six months of detention before you can file a habeas corpus petition; you can likely file a petition the very day you are arrested).
People arrested unlawfully after crossing or while pending immigration benefits — securing immediate release and bond hearings where detention lacks a legal basis.
Refugee adjustment applicants detained (or who fear being detained) in spite of their pending applications for permanent residence.
Clients with deferred action, DACA, TPS, U-visas, or other forms of protection whose detentions are inconsistent with governing law.
Lawful status holders whose detention violates due process or statutory limits.

Every petition begins with a forensic review of whether federal detention — whether administrative, post-removal, or otherwise — complies with constitutional and statutory limits. We seek prompt release, expedited hearings, and judicial correction where agencies have acted unlawfully, and we are successful in the vast majority of cases.

Why It Matters

The writ of habeas corpus, which originated with the Magna Carta, exists to safeguard liberty when government action exceeds constitutional or statutory authority. The Supreme Court has repeatedly held that prolonged or unjustified detention without judicial oversight runs afoul of fundamental rights — including in contexts where removal isn’t imminent or where statutory detention periods are exceeded.

At Ratkowski Law, we combine immigration expertise with federal court proficiency — and have litigated petitions in:

The U.S. District Courts in Minnesota, Texas, Oklahoma, California, and Arizona, and are actively working on getting admitted to other jurisdictions to be able to file additional petitions in other parts of the country.
U.S. Courts of Appeals (10th Circuit + 8th Circuit)

If you have a case in a different jurisdiction, please do not hesitate to reach out, as we may be able to get admitted to that jurisdiction or to find local counsel to assist us with the filing.

Recognizing that each instance of unlawful detention represents a constitutional crisis and ongoing emergency, Ratkowski Law treats each new habeas case as an emergency, and will always file the petition for release within one week of being hired, while striving to file the petition much sooner where it is feasible to do so. Ratkowski Law also makes a habit of making special requests to expedite the case and to otherwise urge the judge to treat your loved one’s detention as an emergency.

Ratkowski Law’s ability to work quickly makes it the only choice when time is of the essence. The federal government, with Operation Metro Surge, has recently began to whisk immigrants out of their home state within hours of being arrested, separating them from family and legal counsel and making obtaining release more difficult and time consuming. One way to fight back against these practices is to file habeas petitions within an hour or two of arrest while the immigrant is still within Minnesota’s borders. With respect to people who live in and were arrested in Minnesota, this quick-filing strategy ensures that a Minnesota judge has authority over and ultimately decides the case, which is typically going to mean a faster decision than would otherwise be possible in states like Texas, Oklahoma, or Louisiana.

Our Track Record

Between August 2025 and January 2026, we have successfully litigated and obtained habeas corpus relief for more than 30 people. At any given time, we are actively litigating dozens of immigrant habeas petitions around the United States and have even entered into settlements with the federal government wherein they agree to release the petitioner after reading our arguments rather than choosing to fight the case. In most cases, we can obtain release within 30-60 days, and almost always in less than 90 days, and have occasionally obtained release for our clients in a week or less.

Ratkowski Law’s many recent successes have led to Ratkowski Law being consulted for assistance by other attorneys, nonprofits, professors, and law schools who recognize Ratkowski Law as a leader in immigration-related habeas corpus litigation.

We have litigated or are litigating 100+ immigration habeas cases with a high success rate, securing releases, expedited hearings, prompt government action, and favorable settlements for detained clients from around the world. Our wins include:

Successfully obtaining writs of habeas corpus and immediate release from unlawful immigration detention.
Securing release for lawful permanent residents subject to mandatory detention by proving statutory or constitutional violations.
Winning bond hearings and expedited release where none seemed available.
Challenging detention arising from improper immigration arrests.
Achieving relief for refugees, asylum applicants, TPS holders, and other vulnerable populations.

Approach and Philosophy

At Ratkowski Law, we approach habeas litigation with:

Meticulous legal analysis grounded in constitutional and statutory authority.
Relentless federal court advocacy — from district courts to appellate briefs.
Speed and urgency for detained clients whose liberty is at stake.
Personalized strategy tailored to each client’s specific legal circumstances and relief goals.

Habeas petitions are not routine — they are extraordinary remedies for extraordinary injustices. We bring extraordinary commitment to every case.

Get Help

If you or a loved one is detained and you believe the detention is unlawful, you deserve justice and freedom. Contact Ratkowski Law for a federal habeas consultation — where your liberty is our priority. You may call the office at (651) 755-5150 to schedule a free consultation. For afterhours or weekend emergencies, you may call or text Nico Ratkowski on his cell phone at (253) 951-9277.