About the Course
Introduction
This CLE webinar will discuss using habeas petitions as a frontline defense in the expanded current detention landscape. DHS has applied increasingly assertive custody practices, from expedited removal orders to re-detention of long-term residents; even noncitizens with pending benefits applications may face unexpected confinement. Counsel must be prepared to deploy habeas strategically and quickly.
Description
The panel will examine procedural mechanics, custody and immediate custodian rules, non-Rule-26 discovery, evidentiary hearings, and emerging uses of the All Writs Act in federal habeas practice. The program will also examine the constitutional limits on civil immigration detention, challenges related to expedited removal, and using habeas to return clients to a jurisdiction after improper transfers. The panel will conclude by surveying recent litigation trends, key federal court developments, and the practical lessons to practitioners.
Listen as our panel discusses these issues and other critical considerations for counsel seeking to protect detained noncitizens through federal habeas practice.
Presented By
Ms. Parsonage focuses on helping individuals navigate the maze of rules, procedures and processes created by the United States Citizenship and Immigration Services and those facing criminal charges or deportation. She represents clients facing criminal charges in both state and federal court. Ms. Parsonage is a member of the Criminal Justice Act panel of attorneys in the Middle District of North Carolina, and is admitted to practice before the Eastern, Middle and Western District Federal Courts as well as the Fourth and Eleventh Circuit Courts of Appeal.
Ms. White is the Associate Director, Public Engagement & Training at Acacia Center for Justice.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Wednesday, January 14, 2026
- schedule
1:00 PM E.T.
I. Introduction
II. Jurisdiction, custody, and procedural foundations
A. Immediate custodian rule
B. Venue selection and transfer problems
C. Threshold jurisdictional challenges
III. The habeas record
A. When evidentiary hearings are required
B. Pursuing non-Rule-26 discovery
C. Using declarations, medical records, and custody documentation
IV. Strategic uses of habeas
A. Challenging prolonged or mandatory detention
B. Securing clients' return to a jurisdiction
C. The All Writs Act and ancillary motions
V. Habeas and expedited removal
A. Impact of recent federal litigation
B. Framing challenges to unlawful or ultra vires expedited removals
C. Credible fear, reasonable fear, and reinstatement processes
VI. Appeals and preservation
A. Standards of review on appeal
B. Protecting issues for the circuit courts
C. Anticipating government arguments and mootness problems
VII. Practitioner takeaways
The panel will discuss these and other questions:
- Framing habeas claims challenging immigration detention
- Procedural issues that arise regarding custody, jurisdiction, and the "immediate custodian" rule
- Obtaining evidentiary hearings and non-Rule-26 discovery
- Using the All Writs Act and related motions
- Most effective strategies challenging expedited removal or improper transfers
Related Courses
Habeas Tools and Tactics Against DHS Detention: Strategy, Procedure, and Litigation
Wednesday, January 14, 2026
1:00 PM E.T.
Legal Strategies to Challenge Detention and Expedited Removal Under Renewed Executive Powers
Thursday, December 18, 2025
1:00 p.m. ET./10:00 a.m. PT
