Latest Scholarship

February 10, 2017

Habeas Petitions for Detained Immigrants

Immigration Law Clinic co-director Holly Cooper is teaching educational programs organized by the Practising Law Institute (PLI). They are "Challenging Immigration Detention with Habeas Petitions - A Basic Overview" and "Habeas Petitions for Detained Immigrants."

Here is information about the sessions:

Why You Should Attend
The U.S. Department of Homeland Security detains 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 detained 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 in Northern California, 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. Yet many immigration advocates---whose day-to-day practice is largely before administrative agencies---feel ill-equipped to enter federal court to challenge ICE and immigration court custody decisions. This training is designed to provide immigration attorneys the knowledge and tools necessary to litigate habeas petitions on behalf of detained immigrant clients.

What You Will Learn

  • When Can I File a Habeas Petition? - Overview of Immigration Custody Regimes and Corresponding Habeas Opportunities
  • What Are My Arguments? - Common Challenges to Detention Through Habeas and Possible Hurdles
  • How Do I Get into Federal Court? -Nuts and Bolts of Filing a Habeas Petition

Who Should Attend
All attorneys interested in or currently assisting immigrant clients who are detained or subject to conditions of custody, including private and pro bono attorneys, law clinic students and faculty, and public interest and non-profit organization attorneys, would benefit from attending this program. Participants are expected to have a basic knowledge of immigration law but need not have prior experience with habeas petitions.

For more information, visit the links for the two programs:

http://www.pli.edu/Content/Seminar/Challenging_Immigration_Detention_with_Habeas/_/N-4kZ1z10c7n?Ns=sort_date%7C0&ID=311402

http://www.pli.edu/Content/Seminar/Habeas_Petitions_for_Detained_Immigrants/_/N-4kZ1z10gkx?fromsearch=false&ID=305795&MLW7_8HP