SDCA Habeas Win: Challenging Unlawful Re-Detention

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We recently secured a habeas victory in the Southern District of California (SDCA) involving an unlawful re-detention. The case underscores a basic principle: the government must follow its own detention procedures.

Case background

Our client, who had previously been released, was re-detained without a new arrest warrant or proper notice. He was then placed on the detained docket, where the expedited process created significant challenges in preparing a defense. At that stage, we filed a petition for a writ of habeas corpus and worked with local counsel on a pro hac vice filing.

The situation became more urgent when the Immigration Judge (IJ), following counsel’s withdrawal, required the respondent to either proceed pro se or secure new counsel immediately for an Individual Hearing scheduled on short notice, leaving little time to prepare a defense.

Legal strategy and claims

We brought the matter before the federal court through a Petition for a Writ of Habeas Corpus, focusing on two key issues:

Unlawful re-detention: The client had been released, and no new warrant or notice supported the second detention.

Impact on the right to counsel: The detained docket timeline limited the respondent’s ability to secure representation.

Outcome

The federal court ordered the government to respond within 7 days and later granted the habeas petition. Because the government could not justify the re-detention without the required warrant or notice, our client was ordered released.