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When Can I File a Habeas? – Overview of Immigration Custody Regimes and Corresponding Habeas Opportunities

Recorded on: Mar. 3, 2017
Running Time: 01:11:00

Full Transcript:



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Taken from the Web Program Habeas Petitions for Detained Immigrants recorded March 2017 in San Francisco.

When Can I File a Habeas? – Overview of Immigration Custody Regimes and Corresponding Habeas Opportunities [01:11:00]

Immigrants may be subject to a variety of custodial decisions and situations. For example, a noncitizen may be in criminal custody but subject to a “detainer” from immigration officials. Or, a noncitizen may be in ICE custody as an “arriving alien,” or pursuant to an immigration judge’s bond decision either during immigration proceedings or subsequent to an order of removal. Unaccompanied minors may be placed in the custody of the Office of Refugee Resettlement. Each situation carries an accompanying array of governing statutes, regulations, and constitutional protections. This panel will review the different regimes of immigration custody, identify situations where a habeas petition may be appropriate, and discuss which custody decisions are subject to a habeas challenge.

Holly S. Cooper, Zachary M. Nightingale

The purchase price of this segment includes the following presentation materials available online:

  • When Can I File a Petition for Writ of Habeas Corpus in Federal Court? PowerPoint Slides
    Holly S. Cooper, Zachary M. Nightingale
  • Detention Regimes Chart
    Holly S. Cooper, Zachary M. Nightingale
  • Introduction to Habeas Corpus, 2008
    Holly S. Cooper, Zachary M. Nightingale
(s)
Holly S Cooper ~ UC Davis School of Law
Zachary M Nightingale ~ Partner, Van Der Hout, Brigagliano & Nightingale
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