
ATTORNEY library
Trainings on habeas corpus litigation for immigration remedies
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Habeas 2.0 Training Notes
AILA New England & Mass. Immigration Habeas Project
May 29, 2025
Contributors & Contacts:
Victoria Kelleher – Habeas volunteer coordinator: victoriouscause@gmail.com | 781-593-2096
Stephanie Marzouk – Habeas trainer & attorney: sym@marzouklaw.com
Habeas Project of Massachusetts: immigrationhabeasproject@gmail.com
Purpose of the Habeas Project
The Habeas Project serves:
Individuals detained in Massachusetts or with MA residence (even if transferred to VT)
People subject to expedited removal
Detainees at imminent risk of being transferred out of jurisdiction
Students facing visa revocation (especially for First Amendment-protected conduct)
Note: Must have or be able to obtain immigration counsel. Habeas volunteers work in tandem with the immigration attorney.
Volunteer Sign-up Process
Criminal defense lawyers practicing in federal court can opt-in via Victoria Kelleher.
Presence at training does not automatically enroll you.
Key Statutes for Habeas Claims
8 U.S.C. § 1226 (During removal proceedings)
(c): Mandatory detention
(a): Discretionary detention — bond possible
8 U.S.C. § 1231 (Post-final removal order)
8 U.S.C. § 1225 (Expedited removal/"Arriving aliens")
8 U.S.C. § 2241 (General habeas statute)
(c)(3): Custody in violation of law
(c)(5): Compel ICE to return person for state proceedings
Case Postures & Statutory Contexts
During Removal Proceedings (8 U.S.C. § 1226)
Mandatory (c): Certain convictions or arrests (including under the Laken Riley Act)
Discretionary (a): Bond hearings authorized
Common Habeas claims:
No or delayed bond hearing
Hearing lacked legal sufficiency or failed to consider alternatives
Post-Removal Order Detention (8 U.S.C. § 1231)
90-day removal period, but can be extended
Habeas claims: Prolonged detention without progress on removal (see Zadvydas v. Davis)
Expedited Removal & Entry (8 U.S.C. § 1225)
Applies to people detained within 2 years of entering
Habeas claims:
Detained longer than permitted
Procedural manipulation (e.g., switched to expedited removal after ICE arrest)
As-applied constitutional claims
Other Potential Habeas Bases
Medical Impact: Detention conditions harming health (see Aguilar v. ICE)
ICE overreach: Conditions (e.g., GPS, check-ins) imposed beyond judge’s order
Re-detention: Post-release detention requires due process
No immigration proceeding filed: ICE has no legal basis to detain
Remedies in Habeas Petitions
Release from custody
Order bond hearing in federal court
Conditional release (e.g., unless EOIR acts within X days)
Emergency bail (e.g., Mapp v. Reno)
Procedure for Referrals
Secure Intake: Will be sent in response
Urgent Cases: Submit between 6am–9pm, even outside business hours
Immigration Attorney Role
Maintain PACER access
Be brief in referrals
Know detention basis & case posture
Consider litigation venue (DMA/1st Cir.)
Criminal Defense Attorney Role
Work closely with immigration counsel
Submit tracking info post-filing
Monitor for judicial orders and respond accordingly
Practice & Litigation Insights
Pereira Brito v. Wilkinson: DHS must prove flight risk/danger
Matter of Joseph: IJ may question applicability of mandatory detention
Expedited Removal Challenges: Ongoing litigation; especially relevant for long-term residents improperly detained under 1225
3rd Country Removals Advisory: DVD Practice Alert – May 2025
Strategic Considerations
ICE may engage in forum shopping—use this to challenge venue changes
Immigration court process may separate bond/removal files
Suspension Clause arguments can revive habeas rights where statute narrows relief
Resources
Habeas Templates & Cheat Sheets – Linked in training slides
Additional help available through ACLU of Massachusetts, especially for:
Laken Riley Act-related claims
Alien Enemies Act cases (rare, wartime basis – flag for ACLU)
Clearinghouses on habeas for immigration advocates
Advisories about habeas litigation to support ICE detainees
Templates and samples of immigration-related habeas filings
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When you believe the individual is being immediately moved out of the jurisdiction.
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When the government claims someone is subject to ER even though they’ve been here for more than two years.
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Airport detentions (e. g. charge and release of LPR at airport)
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Arrest at Court for Expedited Removal while still in proceedings.
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When there is less urgency, and an experienced immigration attorney retained.
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This is long but useful when you have time.