BarbriSFCourseDetails

Course Details

This CLE webinar will coach immigration attorneys on a rapidly evolving detention and removal landscape under the current administration's enforcement protocols. Habeas litigation can be essential to protect liberty and due process rights for noncitizens following the reactivation of mass immigration enforcement tools. These toolsincluding expedited removal, §212(f) proclamations, and the use of the Alien Enemies Actmean that immigration counsel must now prepare to challenge both civil detention and unlawful removal in federal courts.

Faculty

Description

The panel will examine habeas corpus in immigration practice, addressing jurisdictional considerations, procedural strategy, and emerging trends in litigation. The experts discuss the All Writs Act, evidentiary hearings, and motions to return clients who were removed without process. The CLE provides guidance on structuring habeas claims in expedited timelines, identifying proper respondents, and coordinating with emergency injunction requests.

Discussing systemic removal practices including third-country expulsions, wartime authority-based removals under the Alien Enemies Act, and near blanket suspensions of asylum claims under §212(f), the panelists will cover current litigation strategies to challenge executive actions and provide tactical advice for protecting clients. Discussion will also cover coordinating habeas, APA, and class actions. 

Listen as our expert panel explores the intersection of detention, deportation, and due process at a critical time in history. Learn litigation techniques and practical tips for filing effective habeas petitions and removal-blocking federal suits. 

Outline

I. Introduction

II. Habeas corpus in immigration detentions

A. Legal framework and constitutional foundation

B. Immediate custodian rule and procedural considerations

C. Evidentiary hearings, non-Rule 26 discovery, All Writs Act

D. Using habeas to return clients or block removal

III. Unlawful removals and national security powers

A. Alien Enemies Act (AEA)

B. Section 212(f) expulsions

C. Third-country removals

IV. Bringing it all together: strategies for clients in detention or at risk for removal

V. Conclusion

Benefits

The panel will review these and other important issues:

  • The appropriate use of habeas corpus to challenge immigration detention and removals
  • Jurisdictional and procedural rules for habeas petitions
  • Federal court strategies challenging expedited removal, §212(f) bans, and Alien Enemies Act removals
  • Emerging litigation tactics, including coordinated use of the All Writs Act, APA claims, and injunctive relief