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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

1. 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

2. 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)

3. 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

1. Email:immigrationhabeasproject@gmail.com

2. Secure Intake: Will be sent in response

3. 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)

This petition for a writ of habeas corpus is filed for a Brazilian man re-detained by ICE and placed in expedited removal while pursuing asylum. It seeks to stop his transfer, challenge the removal, and secure his release.

See here for details.

This petition for a writ of habeas corpus is filed for a Salvadoran man re-detained by ICE and placed in expedited removal while pursuing asylum. It seeks to stop his transfer, challenge the removal, and secure his release.

See here for details

This petition for a writ of habeas corpus is filed for an Afghan man re-detained by ICE after appearing for an immigration hearing while pursuing asylum. It seeks to stop his transfer, challenge the detention, and secure his release.

See here for details

This petition for a writ of habeas corpus is filed for a Mexican man re-detained by ICE and placed in expedited removal while pursuing asylum. It seeks to stop his transfer, challenge the removal, and secure his release.

See here for details

This petition for a writ of habeas corpus is filed for a transgender woman from Mexico re-detained by ICE and placed in expedited removal while pursuing asylum. It seeks to stop her transfer, challenge the removal, and secure her release.

See here for details