NILA’s most recent Practice Advisory addresses petitions for writs of habeas corpus in immigration cases. Traditionally, district courts have jurisdiction to entertain habeas petitions seeking release, seeking a bond hearing before an immigration judge, and/or challenging certain detention conditions. In the wake of enforcement actions under Trump 2.0, it is possible that noncitizens may need to resort to habeas as a mechanism to challenge immigration enforcement actions where the noncitizen is unable to access the existing statutory judicial review scheme available under § 242 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1252, or a new enforcement action is not covered by it. The advisory focuses on the procedural aspects of litigating habeas petitions, not the substance of possible arguments underlying them. It is accompanied by a Template Habeas Petition and Template Application for an Order to Show Cause. The advisory and templates are available here: https://immigrationlitigation.org/practice-advisories/.
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