Habeas Corpus (Amparo)
Amparo is a federal trial where a complainant alleges violation of his/her constitutional rights by an authority.
The writ of Amparo is the maximum means of defense in Mexico.
For many years it has been the most effective and reliable legal resource against acts that violate individual rights. The new Amparo Law is consistent with Mexican constitutional reforms regarding human rights, insofar as such extend the scope of protection of an Amparo lawsuit to protect not only the fundamental rights established in the Mexican Constitution, but also human rights established in international treaties signed by Mexico.
In Mexico there are two kinds of Amparo: Direct and Indirect.
Through the Indirect Amparo any person (individual or corporation) can challenge acts of authorities and individuals that are violating their human or fundamental rights (life, liberty, integrity, equality, and equity, access to information, participation, work, health, environment and property, among others).
It is very wide the range of acts against this indirect Amparo can work; against virtually any act, resolution, law, regulation or omission that involves a serious harm to fundamental rights: arrest warrants, denial of access to information, permissions granted by an authority or negative of these, fines, embargoes, violations in trials and procedures followed in the form of trial, among many others. The trial of indirect Amparo is conducted and solved by District judges. It contemplates the figure of “suspension of the claimed act”. In case the Federal Judge accepted the Amparo , he/she will ask the authority to not execute or stop executing the act that violates the rights of the claimant.
The Direct Amparo can be requested against any final sentence or resolution that concludes a trial or trial-like proceeding. The Collegial courts (Colegiados) resolve, through this trial, conflicts of all areas (criminal, civil, family, commercial, labor, administrative, fiscal, and other agrarian), in those who have exhausted all the regular resources (which includes the applicable legislation in this area).
In both trials, the federal judges analyze the constitutionality of the claimed acts, with strict adherence to the most recent criteria of the country’s Supreme Court and the International treaties that Mexico has signed. In the Amparo trials, the claimed act is analyzed from the point of view of the federal constitution; it must follow the rules of the constitution; or, otherwise, it will be canceled or stopped without effects.
The federal justice is, by far the most effective means to defend and protect human rights.
If you think that an act from a federal, state or municipal authority, or any particular; law, regulation or portion of this violates your rights or of any community to which you belong; contact us; we will analyze your case and design the best legal strategy to appear before the justice of the federation and obtain protection.
A Few Testimonials
Working with Arhely on the Immigration matters was a great pleasure. She is extremely professional, and keeps all her promises regarding deliverables and time lines. I can highly recommend her.
To anyone looking for a bilingual attorney (English and Spanish) I would highly recommend Arhely Medina, Attorney at Law with the firm Yucatan Attorneys. I have had occasion to use her services for a potential real estate transaction and have also hired her to help with the Immigration Visa process. On both occasions, she was very professional and helpful beyond the call of duty.