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The U.S. Department of Homeland Security imprisons more than 400,000 noncitizens in civil immigration detention every year. A congressional quota mandates that Immigration and Customs Enforcement (ICE) maintain 34,000 beds daily for immigrants in detention, many in privately run detention facilities. Tens of thousands more are subject to onerous conditions of release, including high bonds and GPS tracking devices. Immigrants who are incarcerated include asylum seekers, victims of trafficking or crimes in the United States, longtime lawful permanent residents, and others with avenues to immigration relief. Research shows that represented noncitizens who are released from detention are nearly three times more likely to win their immigration case as represented noncitizens who remain detained.
The writ of habeas corpus is a constitutionally-protected device by which individuals can petition a federal district court judge to remedy unlawful deprivation of liberty by government officials. Challenging ICE and immigration court custody decisions in federal court is becoming more essential and a decisive tool to secure noncitizens’ freedom from incarceration. The first segment of this training is designed to provide immigration attorneys who are new to federal district court practice the knowledge and tools necessary to litigate habeas petitions on behalf of detained immigrant clients. The second and third segments will cover recent developments in legal strategies since Jennings v. Rodriguez and Nielsen v. Preap, and other creative uses of habeas petitions.
What You Will Learn
- What is a Habeas Petition, When to Use It, and Nuts and Bolts of Filing
- Habeas Challenges to Constitutionality of Detention Post-Jennings v. Rodriguez and Nielsen v. Preap
- Other Creative Uses of Habeas Petitions