- videocam Live Webinar with Live Q&A
- calendar_month January 14, 2026 @ 1:00 PM E.T.
- signal_cellular_alt Intermediate
- card_travel Immigration
- schedule 90 minutes
Habeas Tools and Tactics Against Immigration Detention: Strategy, Procedure, and Litigation
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About the Course
Introduction
This CLE webinar will discuss using habeas petitions as a frontline defense in the expanded current detention landscape. DHS and ORR have applied increasingly assertive custody practices, from expedited removal orders to re-detention of long-term residents and refusal to release unaccompanied children to their family members; 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
Mr. Altman represents Altman Immigration Law, PC’s clients in litigation and appellate matters. He focuses his practice on complex administrative appeals and motions, federal court actions, and federal appellate review. Mr. Altman also provides technical assistance to attorneys and serves as appellate counsel at trial.
Ms. Calderón is a founding partner at CS Law. In addition to maintaining a diverse practice which includes family, naturalization, business, and asylum, she concentrates on federal matters and removal cases. Outside her practice, Ms. Calderón is a fervent advocate for the immigration community and has frequently taken her support and knowledge to various community forums. She has spoken to neighborhood associations on the rights of non-citizens in the U.S. and has also presented before local and regional courts on the impact of criminal sentencing for non-citizens.
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.
Ms. Wolozin is a Senior Attorney at the National Center for Youth Law. She works with programs across the organization to identify ways in which litigation can strengthen children’s rights and support young people’s power, agency, and wisdom. In addition to providing litigation support across the organization’s program areas, Ms. Wolozin specializes in litigation and policy promoting the rights of immigrant children in federal custody.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
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, including for special populations like unaccompanied children in ORR custody
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
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Related Courses
Building a Strong U-Visa Case: Certification, Evidence, and I-192 Discretion
Available On-Demand
Habeas Tools and Tactics Against Immigration Detention: Strategy, Procedure, and Litigation
Wednesday, January 14, 2026
1:00 PM E.T.
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