This toolkit includes a practice advisory and templates for a specific type of habeas petition that seeks freedom for immigrants with unexecuted final orders of removal who have been recently re-detained after living in the community for many years. Many of these immigrants find themselves re-detained after their order of supervision (OSUP) is revoked by immigration officials
Under the current administration, we have seen an unprecedented number of Southeast Asian refugees ripped from their communities and families, redetained in deplorable conditions (often far from family members and without access to attorneys), and removed to countries they fled from as children or have never set foot in. Additionally, we have seen dozens, if not hundreds of refugees deported into statelessness with many other refugee communities vulnerable to a similar fate.
This advisory is focused on Ninth Circuit caselaw, but many of the arguments laid out below can be made in other circuits. Practitioners in other circuits should do significant independent research to assess the viability of these claims in the relevant district court.
To access the toolkit, please fill out the brief form below. You will receive a link after submission.