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Aba-legal Guide for Ice Detainees, Indefinate Detention

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A LEGAL GUIDE FOR
ICE DETAINEES:
PETITIONING FOR RELEASE
FROM INDEFINITE
DETENTION
American Bar Association
Commission on Immigration
740 15th Street, NW, 9th Floor
Washington, DC 20005-1022
Telephone: (202) 662-1005
Website: www.abanet.org/publicserv/immigration

A LEGAL GUIDE FOR ICE
DETAINEES:
PETITIONING FOR RELEASE
FROM INDEFINITE DETENTION

Prepared by:
American Bar Association
Commission on Immigration
740 15th Street, NW, 9th Floor
Washington, DC 20005-1022
Telephone: (202) 662-1005
Website: www.abanet.org/publicserv/immigration

The American Bar Association hereby grants permission for copies of the materials herein
to be made, in whole or in part, for classroom use in an institution of higher learning, for
use by not-for-profit organizations, or for free distribution to entities that assist detainees
in the custody of the Department of Homeland Security or to detainees themselves,
provided that the use is for informational, non-commercial purposes only and any copy of
the materials or portion thereof acknowledges original publication by the ABA, including
the title of the publication, the name of the author, and the legend: “Copyright 2006
American Bar Association. Reprinted by permission. All rights reserved.” Requests to
reproduce portions of this publication in any other manner should be sent to: Copyrights &
Contracts Department, American Bar Association, 321 North Clark Street, Chicago, IL
60610 or by email at copyright@abanet.org. These materials herein may not be changed in
any way, in whole or in part, without express, written approval by the American Bar
Association.

The materials contained herein represent the opinions of the authors and editors and
should not be construed to be those of either the American Bar Association or Commission
on Immigration unless adopted pursuant to the bylaws of the Association. Nothing
contained herein is to be considered as the rendering of legal advice for specific cases, and
readers are responsible for obtaining such advice from their own legal counsel. These
materials and any forms and agreements herein are intended for educational and
informational purposes only.
Printed in the United States of America

ISBN 1-59031-645-2
© American Bar Association 2006
All rights reserved

ACKNOWLEDGEMENTS
The American Bar Association Commission on Immigration is grateful
to Lynne Baum-Villavicencio for developing this guide. Special appreciation is also
due to the law firm Hogan & Hartson LLP, to the American Immigration Law
Foundation, and to Shaina C. Aber, Yusuf R. Ahmad, Dorothy Brackett, Aldo U.
Huitzil, Brooke Kirkland, Irena Lieberman, Megan H. Mack, John W. Martin, Jr.,
Judy Rabinovitz, Trina Realmuto, Jay Stansell, Rebecca Walters, and Kimberlee
Whaley. In addition, we would like to thank Catholic Legal Immigration Network,
Inc., and the Florence Immigrant and Refugee Rights Project for providing us with
valuable resources.

i

PREFACE
Welcome to A Legal Guide for ICE Detainees: Petitioning for Release from Indefinite
Detention. The American Bar Association Commission on Immigration created this
manual. The manual is for individual detainees interested in understanding the
administrative process of obtaining review of continued custody and the procedure
for seeking release in federal court.
This manual is intended for educational and informational purposes only. Nothing
contained in this book is to be considered as the rendering of legal advice for specific
cases; readers are responsible for obtaining such advice from their own attorneys.
This booklet was not prepared by the Department of Homeland Security (DHS), U.S.
Immigration and Customs Enforcement (ICE), or by any other part of the United
States government. The views expressed herein have not been approved by the
House of Delegates or the Board of Governors of the American Bar Association, and
accordingly, should not be considered as representing the official policy of the
American Bar Association.
This manual details how to seek release from indefinite detention. It explains how
to petition for administrative review of your custody, how to seek release in federal
court if you are not released after your custody review, how to file motions for
appointment of counsel and how to have any filing fees waived if you do not have
the means to pay for them (that is, proceeding in forma pauperis). It also addresses
the cases of Mariel Cubans and inadmissible aliens. In the appendices of this
handbook you will find sample forms, addresses of the U.S. District Courts, and a
list of resources where you might seek additional assistance. Before filing any
petition for release with a court, you should speak with an immigration attorney or
seek the assistance of one of the organizations listed in the appendix to help you in
the process.
At any time during this process, you should feel free to send your questions or
concerns to: American Bar Association, Commission on Immigration, 740 15th Street,
N.W., 9th Floor, Washington, D.C. 20005-1022; telephone: 202-662-1005. Please
indicate in your letter whether the ABA may forward your letter to a legal
assistance provider, or to the government offices that are responsible for reviewing
complaints about detention conditions: the Office of the Inspector General or the
DHS Office for Civil Rights and Civil Liberties. PLEASE DO NOT SEND
ORIGINAL DOCUMENTS. NO COLLECT CALLS PLEASE.

ii

TABLE OF CONTENTS
INTRODUCTION: A BRIEF SUMMARY OF SUPREME COURT PRECEDENT .............

1

Criteria To Determine Whether You Are Affected By The
Zadvydas or Martinez Decisions ..........................................................

5

Time-Line Of Administrative And Federal Court Proceedings
For Seeking Release From ICE Indefinite Detention..........................

7

STEP ONE: PETITIONING FOR ADMINISTRATIVE (ICE) REVIEW OF
INDEFINITE DETENTION ....................................................................................

8

STEP TWO: PETITIONING FOR ADMINISTRATIVE REVIEW FROM ICE
HEADQUARTERS SIX MONTHS AFTER THE FINAL REMOVAL ORDER ................... 12
STEP THREE: PETITIONING FOR A WRIT OF HABEAS CORPUS ........................... 15
STEP FOUR: FILING A MOTION FOR APPOINTMENT OF COUNSEL ..................... 33
STEP FIVE: FILING A MOTION TO PROCEED IN FORMA PAUPERIS .................... 33
SPECIAL CASES: HABEAS CORPUS FOR MARIEL CUBANS ................................... 34
APPENDICES ...................................................................................................... 35
Appendix A: Forms ............................................................................... 36
Form 1: Letter Requesting Initial Release From Detention ....... 37
Form 2: Letter Requesting Release From Detention .................. 41
Form 3: Petition for Writ of Habeas Corpus ................................ 44
Form 4: Motion for Appointment of Counsel ............................... 54
Form 5: Motion to Proceed In Forma Pauperis, Prison
Certificate, Trust Account Withdrawal Authorization................. 57
Form 6: Petition for Writ of Habeas Corpus for Mariel
Cubans ........................................................................................ 62
iii

Appendix B: Addresses of All U.S. District Courts............................. 71
Appendix C: Resources ........................................................................ 86
Resource List 1: Federal Public Defenders Offices...................... 87
Resource List 2: Organizations Assisting Detained
Immigrants ................................................................................. 97

iv

INTRODUCTION:
A BRIEF SUMMARY OF SUPREME COURT PRECEDENT
In June 2001, the U.S. Supreme Court issued Zadvydas v. Davis,1 a
decision with tremendous significance for aliens in ICE detention who are under
final orders of removal. The decision resolved the case of two aliens, Kestutis
Zadvydas and Kim Ho Ma, and required ICE to change the way it handles aliens in
detention after a final removal order has been entered. As a result, ICE cannot
detain an alien under a final order of removal for longer than six months if there is
no significant likelihood the alien will be removed in the reasonably foreseeable
future.
Kestutis Zadvydas
Mr. Zadvydas was born in 1948 to Lithuanian parents in a displaced
persons camp in Germany. In 1956, he immigrated with his family to the United
States and became a legal permanent resident (i.e., green card holder), but never
became a U.S. citizen. He has lived in the United States ever since.
Mr. Zadvydas had a long criminal record, involving drug crimes,
attempted robbery, attempted burglary, and theft. He also had a history of failing
to appear at both criminal and deportation proceedings. In 1992, Mr. Zadvydas was
convicted in Virginia for cocaine possession with intent to distribute and sentenced
to 16 years in prison. After two years, he was paroled, then taken into the custody
of ICE (which at the time was called the Immigration and Naturalization Service or
INS), and in 1994, ordered deported to Germany. Later that year, Germany told
INS that it would not accept Mr. Zadvydas because he was not a German citizen.
Lithuania also refused to accept him because he was neither a Lithuanian citizen
nor a permanent resident of Lithuania.
In September 1995, Mr. Zadvydas filed a petition for a writ of habeas
corpus challenging his continued detention. 2 In October 1997, the District Court for
the Eastern District of Louisiana granted his petition and authorized his supervised
release. However, the Fifth Circuit Court of Appeals reversed the lower court’s
decision in 1999 because it believed that there was still a possibility that Mr.
Zadvydas could be removed. As a result of the Fifth Circuit’s ruling, Mr. Zadvydas
faced continued detention by INS for an indefinite period of time.
1

533 U.S. 678 (2001).

A writ of habeas corpus is an independent judicial proceeding instituted to
determine whether the defendant is being unlawfully deprived of his or her liberty.
It is not a review of the validity of a final removal order.
2

1

Kim Ho Ma
Mr. Ma was born in Cambodia in 1977. When he was two years old, he
and his family fled Cambodia to refugee camps in Thailand, and then the
Philippines. Eventually, Mr. Ma came to the United States with his family, where
he has lived as a legal permanent resident since he was seven.
In 1995, at the age of 17, Mr. Ma was involved in a gang-related
shooting, convicted of manslaughter, and sentenced to 38 months in prison. After
serving two years, Mr. Ma was released from prison, taken into INS custody, and
ordered deported by an immigration judge. The INS, however, was unable to deport
him because Cambodia did not have a repatriation agreement3 with the United
States.
In 1999, Mr. Ma filed a petition for a writ of habeas corpus challenging
his continued detention. The District Court for the Western District of Washington
granted his petition and authorized his supervised release. The Ninth Circuit Court
of Appeals agreed with this decision and also granted supervised release for Mr. Ma.
The Supreme Court Decision
The Supreme Court decided to review Mr. Zadvydas’ and Mr. Ma’s
cases together to resolve the opposite outcomes. It ruled that the indefinite
detention of removable aliens, such as Mr. Zadvydas and Mr. Ma, is not allowed
when the alien is unlikely to be removed in the reasonably foreseeable future. For
certain aliens who have entered the United States, the Court recognized that the
INS (now ICE) generally cannot detain an alien for longer than six months after the
issuance of a final removal order.
The Court ruled that, after six months of post-removal order
detention, if the alien can provide good reason to believe that he or she is
unlikely to be removed in the reasonably foreseeable future, and the INS
cannot provide evidence showing otherwise, the alien must be released.
The Supreme Court did not define a time frame for what would be the “reasonably
foreseeable future,” but it did state that the longer an alien has been detained, the
shorter the “reasonably foreseeable future” becomes.

A repatriation agreement is an agreement made between two countries to
govern the return of a person to his or her country of origin.

3

2

In light of the Supreme Court’s ruling, both Mr. Zadvydas and Mr. Ma
were released under supervision.
The Zadvydas decision applied only to aliens who had been admitted to
the United States. This left the status of inadmissible aliens, such as Mariel
Cubans, unclear. In January 2005 the Supreme Court decided Clark v. Martinez,4
holding that the standard announced in Zadvydas also applied to inadmissible
aliens. Aliens under final orders of removal, even if they have never been formally
admitted to the United States, must be released after six months of detention if
they can prove that there is not a significant likelihood that they will be removed in
the reasonably foreseeable future.
Sergio Suarez Martinez
Mr. Martinez arrived in the United States from Cuba as part of the
Mariel Boatlift and was paroled. In 1991 Mr. Martinez sought to adjust his status
to that of lawful permanent resident as permitted under the Cuban Refugee
Adjustment Act but was ineligible because he had previously been convicted of
assault with a deadly weapon and burglary in the United States. Mr. Martinez was
convicted of additional crimes after his adjustment application was denied.
In December 2000 Mr. Martinez’s parole was revoked by the Attorney
General. He was taken into custody by the INS and, in removal proceedings, was
found inadmissible because of his prior convictions and lack of sufficient
documentation. Mr. Martinez was ordered removed and did not appeal. He was
kept in custody beyond the expiration of the 90-day removal period. Mr. Martinez
filed a petition for a writ of habeas corpus challenging his continued detention.
Daniel Benitez
Mr. Benitez also arrived in the United States as part of the Mariel
Boatlift. Likewise, Mr. Benitez was unable to adjust to lawful permanent resident
status because he had become inadmissible as a result of criminal convictions prior
to applying. After his adjustment application was denied in 1985, Mr. Benitez was
convicted of additional felonies.
Mr. Benitez’s parole was revoked in 1993 and removal proceedings
were initiated against him while he was in prison. The Immigration Judge found
Mr. Benitez to be inadmissible and ordered him removed. At the expiration of his
prison term, Mr. Benitez was taken into INS custody where he remained beyond the
4

543 U.S. 371 (2005).
3

90-day removal period. Mr. Benitez filed a petition for a writ of habeas corpus
challenging his continued detention. While his case was pending before the
Supreme Court, Mr. Benitez was released from custody on one year parole after
completing a drug treatment program.
The Supreme Court Decision
The Supreme Court held the Zadvydas standard—after six months of
post-removal order detention, if the alien can provide good reason to believe that he
or she is unlikely to be removed in the reasonably foreseeable future, and ICE
cannot provide evidence showing otherwise, the alien must be released—applies to
all aliens, including those who are inadmissible. Based on this standard, the
Supreme Court granted the habeas corpus petitions of both Mr. Martinez and Mr.
Benitez.

4

CRITERIA TO DETERMINE WHETHER YOU ARE
AFFECTED BY THE ZADVYDAS OR MARTINEZ DECISIONS
1.

You must be under a final order of removal.
ƒ After an immigration judge has ordered you removed, the judge’s order
becomes final when:
o you waive your right to appeal; or
o the 30 day time period to make an appeal expires; or
o the appeal is dismissed by the Board of Immigration Appeals; or
o the Board of Immigration Appeals makes a decision to uphold the
removal order.

2.

You have petitioned for administrative review of your indefinite
detention.
ƒ After the 90-day removal period expires ICE must begin custody
review procedures. You should send a letter requesting release from
your detention along with copies of any documents that will help ICE
make its decision. Step One of this manual has more information.
ƒ Once six months have elapsed since your removal order became final,
you must send a letter to the ICE Headquarters Post-Order Detention
Unit (HQPDU) to have your custody reviewed under the Zadvydas
standard. Step Two of this manual has more information.
ƒ Special rules apply for Mariel Cubans. See the section Special Cases:
Mariel Cubans for more information.

3.

There is no significant likelihood that you will be removed from the
United States in the reasonably foreseeable future.
ƒ Chances of being able to show this are greater if you are:
o stateless (i.e. have no citizenship);
o from a country which has no repatriation agreement with the
United States, such as Cuba, Vietnam, or Laos; or
o you have been detained by ICE for longer than six months after
your removal order becomes final, and you have reason to
believe your removal will not take place in the near future.

If you fulfill all of these criteria, you are probably eligible for release from
ICE detention under Zadvydas or Martinez. The rest of this manual will
help you seek release from ICE detention through an administrative
procedure and through a court procedure.

5

Examples of Aliens Who Are Eligible for Release under Zadvydas or Martinez:
Question: Mr. Li has been in ICE detention for 10 months since receiving a final
removal order. He is a citizen of China. ICE submitted a request to China for his travel
documents. China responded to ICE with a statement that it will not issue travel documents for
Mr. Li because of his criminal conviction. Is he eligible for release under Zadvydas?
Answer: Yes, Mr. Li is eligible for release under Zadvydas because he has been in
detention for longer than six months after receiving a final removal order, and China has
refused to issue travel documents. There is no significant likelihood that Mr. Li can be removed
to China in the near future.
Question: Mr. Ibarra was paroled into the United States in 1980 as part of the Mariel
Boatlift. He committed several crimes in the 1980s and as a result ICE revoked his parole. He
has been in ICE detention for eight years since receiving a final removal order. Is Mr. Ibarra
eligible for release under Zadvydas and Martinez?
Answer: Yes, Mr. Ibarra is eligible for release under Martinez, which extended the
ruling of Zadvydas to Mariel Cubans and other “inadmissible” aliens such as those
apprehended at the airport or at sea. Mr. Ibarra has been in detention for longer than six
months after receiving a final removal order, and no repatriation agreement exists between the
United States and Cuba so there is no significant likelihood that Mr. Ibarra can be removed to
Cuba in the near future.
Question: Mr. Ndjani entered the United States seeking asylum from Cameroon. He
was apprehended by ICE at the airport. ICE classified him as an arriving, or “inadmissible”
alien. Eleven months ago, Mr. Ndjani was denied asylum and ordered removed. Is Mr. Ndjani
eligible for release?
Answer: Yes, Mr. Ndjani is eligible for release if he is detained for longer than six
months after receiving a final removal order, and there is no significant likelihood that he can
be removed to Cameroon in the near future. Because of the Martinez decision, Mr. Ndjani’s
status as inadmissible is irrelevant.

Example of An Alien Who Is NOT Eligible for Release under Zadvydas:
Question: In January 2005, ICE issued a final order of removal for Ms. Rios, a citizen of
Mexico who entered the United States without inspection. She waived her right to appeal so
the removal order is now final. It is now March 1, 2005. Is Ms. Rios eligible for release under
Zadvydas?
Answer: No, Ms. Rios is not eligible for release under Zadvydas because she has only
been in detention for two months since receiving a final removal order. ICE has six months to
try to remove her.

6

TIME-LINE OF ADMINISTRATIVE AND FEDERAL COURT
PROCEEDINGS FOR SEEKING RELEASE FROM
ICE INDEFINITE DETENTION
Below is a time-line for seeking administrative review of your detention
and for filing a habeas petition in federal court. The sections that follow this
time-line will walk you through each of these steps. Special rules apply for Mariel
Cubans; see the section Special Cases: Mariel Cubans for more information.
Step One

Ninety days after your order of
removal becomes final, you may submit
a letter to ICE requesting release from
detention. See Form 1.

Step Two

Six months after your order of removal
becomes final, you must submit a letter
to ICE Headquarters Post-Order
Detention Unit (HQPDU) requesting
release from detention.
See Form 2.

Steps Three, Four, and Five

If HQPDU decides not to release you or
fails to make a prompt decision, and
you have good reason to believe that
you cannot be removed in the
reasonably foreseeable future, you may
file a petition for a writ of habeas
corpus in federal court. See Form 3.
At the same time, if you do not have a
lawyer, you may file a motion for
appointment of counsel.
See Form 4.
If you do not have enough money to
pay the filing fee for the habeas
petition, you may also file a motion to
proceed in forma pauperis.
See Form
7 5.

STEP ONE:
PETITIONING FOR ADMINISTRATIVE REVIEW OF
INDEFINITE DETENTION FROM ICE FIELD OFFICE
NINETY DAYS AFTER THE FINAL ORDER OF REMOVAL
On June 28, 2001, the Supreme Court ruled in the Zadvydas case that
it is illegal for ICE to detain certain aliens who have received a final order of
removal but cannot be deported in the “reasonably foreseeable future.” If you
believe that the Zadvydas ruling applies to you based on the criteria listed in the
previous section, you should follow the steps listed below to petition for
administrative review of indefinite detention before attempting to submit a writ of
habeas corpus to the court. If you have already been in ICE detention for six
months or longer since your removal order became final, skip to Step Two.
Initial Custody Review
The removal period expires ninety days after your order of removal
becomes final. Once the removal period has expired, ICE must begin custody
review procedures.5 Your initial custody review will be conducted by your local ICE
Field Office Director.6 You do not need to do anything for ICE to initiate and
conduct this first custody review; however, once you receive written notice from ICE
with information about your custody review, we recommend that you follow the
steps listed below to explain why you should be released. If you do not receive any
initial notice from ICE, however, then you should send a letter to ICE asking when
your first custody review will be. At this stage, ICE should make its decision to
detain or release you based on whether they consider you a danger to the
community or a significant flight risk. 7
You should receive a written notice approximately 30 days in
advance of your first custody review. 8 This notice will be sent by the Field Office
8 C.F.R. § 241.4(k). See also Memo, Hutchinson, Undersecretary DHS (Mar. 30,
2004), “Guidance on ICE Implementation of Policy and Practice Changes
Recommended by the Department of Justice Inspector General,” reprinted in 81 No.
16 Interpreter Releases 513, 528-532 (Apr. 19, 2004).
5

When the INS was reorganized as part of the Department of Homeland Security
(DHS) in 2002, the positions of district director and Director of the Detention and
Removal Field Office were combined and renamed U.S. ICE Field Office Director.

6

7

8 C.F.R. § 241.4(d)(1).

8

8 C.F.R. § 241.4(h)(2).
8

Director of the local ICE field office and will tell you the date of your review and the
address where you can send any information that you would like ICE to consider.
Steps for you to follow before your first custody review:
1. Send a letter, requesting your release from detention, to the address given
in the written notice that you received from ICE. 9
ƒ
ƒ
ƒ
ƒ

The letter must be typed or handwritten neatly.
The letter must be in English.
Be sure to include your full name and Alien Number (“A-Number”) on all
letters sent.
You must explain, in as much detail as possible, that you should be
released from detention because you are not and will not be a danger
to public safety, you are not a significant flight risk, and because
ICE has been unable to obtain travel documents for your deportation,
provided that these circumstances are correct for your situation. 10 ICE
will consider the following information in determining whether you should
be released: 11
a. Whether you have cooperated with ICE efforts to deport you. You
must make reasonable efforts to assist ICE in securing
travel documents for your removal. ICE will not release you
if you are not cooperating with their efforts to deport you. 12
b. Whether you have had any disciplinary infractions while in
detention.
c. Your past criminal history.
d. Any available information relating to your mental health (i.e.,
psychiatric/psychological reports).
e. Whether you have participated in any job training, educational, or
rehabilitation programs.
f. Whether you have close relatives residing legally in the United
States.

9

8 C.F.R. § 241.4(h)(1).

10

8 C.F.R. § 241.4(e).

11

8 C.F.R. § 241.4(f).

12

8 C.F.R. § 241.4(g)(ii).
9

g. Whether you have prior immigration violations, including a failure
to appear at any immigration proceeding or any attempts to avoid
removal.
h. Whether you will have a job if released.
¾ Address as many of these factors as you can in your letter to ICE.
Highlight the factors that would encourage ICE to release you (i.e., if
you have a relative legally residing in the United States that you will
live with), and explain why any negative factors occurred and why they
will not happen again (i.e., you have successfully completed a drug
rehabilitation program while in detention). Do not lie or make
misrepresentations in any of the information that you send to
ICE.
™ See Form 1 for a sample letter that you can fill out and send to ICE.
2. Send copies of any documents that you have that will show ICE you have
cooperated with their removal efforts, that you are not a danger to the public,
that you are not a flight risk, and that you deserve to be released. For
example, copies of the following documents will be helpful to send:
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ

Certificates from education or job training classes you have completed
while in detention.
Certificates/letters stating that you have completed a behavior
management program while in detention (i.e., drug treatment, anger
management).
Reference letters from detention officers or prison chaplains who can
attest to your good behavior while in detention.
Reference letters from former employers, responsible family members, or
religious leaders who know you personally.
A letter from the person you will be living with if you are released (i.e., a
relative/sponsor).
A letter from your employer, written on business letterhead, stating that
you will have a job or interview if you are released.
Any letters or other correspondence you have had with your embassy or
consulate including passport applications and evidence of application for
travel documents.
9 If you believe it is unlikely that you can be deported in the reasonably
foreseeable future (i.e., you have received a letter from your consulate
stating that they will not accept you for deportation), you should
explain this to ICE in your letter and submit any supporting
documentation that you have. If ICE does not consider this
information at this stage, however, they will forward it to the
10

Headquarters Post-Order Detention Unit (HQPDU) for any subsequent
custody reviews. 13
™ You should save copies (especially your letter to ICE
requesting release) of all the information that you send
to ICE because it will be very useful to you in any
subsequent custody reviews.
After your initial custody review, you should receive a written copy from ICE of
their decision whether to release or detain you. 14 If ICE decides not to release you,
the decision they send you should set forth the reasons for your continued
detention. 15
If your request for release has been denied, you should proceed to Step Two of the
manual.
All subsequent custody review requests will be decided by ICE Headquarters
(HQPDU). 16 Note that ICE Headquarters should automatically conduct this type of
review on a yearly basis, 17 and you should continue to follow the steps above for
each of these automatic custody reviews.

13

See 8 C.F.R. §§ 241.4(i)(7); 241.13(b)(2)(ii).

14

8 C.F.R. § 241.4(d).

15

8 C.F.R. § 241.4(d).

16

8 C.F.R. § 241.4(c)(2).

17

8 C.F.R. § 241.4(k)(2)(iii).
11

STEP TWO:
PETITIONING FOR ADMINISTRATIVE REVIEW
FROM ICE HEADQUARTERS SIX MONTHS AFTER
THE FINAL REMOVAL ORDER
Once six months have elapsed since your removal order became final, 18 you
must follow the steps listed below in order to initiate ICE Headquarters (HQPDU)
custody review under the Zadvydas standard. 19 Under the Zadvydas standard,
HQPDU will make its decision to detain or release you based on whether there is a
significant likelihood that you can be deported in the reasonably
foreseeable future.
Steps for you to follow:
1. Send a letter to HQPDU (Headquarters Post-Order Detention Unit)
requesting your release from detention. 20
ƒ
ƒ
ƒ
ƒ

The letter must be typed or handwritten neatly.
The letter must be in English.
Be sure to include your full name and Alien Number (“A-Number”) on all
letters sent.
You must explain, in as much detail as possible:
a. Why you think there is no significant likelihood that you will be
deported in the reasonably foreseeable future 21 (i.e., you have
received a letter from your consulate stating that they will not
accept you; there is no repatriation agreement between your home
country and the United States; many months have passed and your
consulate has not issued travel documents for you); and
b. What you have done to help ICE deport you 22 (i.e., signing your
travel document application; telling your Deportation Officer when
and where you were born). You must make reasonable efforts
to assist ICE in securing travel documents for your removal.

18

See 8 C.F.R. § 241.13(b)(2)(ii).

19

8 C.F.R. §§ 241.13(c), (d)(1).

20

8 C.F.R. § 241.13(d)(1).

21

8 C.F.R. § 241.13(d)(1).

22

8 C.F.R. § 241.13(d)(2).
12

ICE will not release you if you are not cooperating with
their efforts to deport you. 23
™ See Form 2 for a sample letter you can fill out to send to the
HQPDU.
2. Send copies of any documents that you have with the above letter to
HQPDU that will show ICE you have cooperated with their removal efforts,
that your removal is not reasonably foreseeable, that you are not a danger to
the public nor a flight risk, 24 and that you deserve to be released, provided
that these circumstances are correct for your situation. 25 For example,
copies of the following documents will be helpful to send: 26
ƒ
ƒ

ƒ
ƒ
ƒ
ƒ
ƒ
ƒ

Identification documents such as a birth certificate or passport.
Any correspondence you have had with your consulate or embassy
including passport applications, letters, or signed travel documents that
you have sent or received.
A letter from your consulate stating that your home country will not
accept you for deportation, or they do not recognize you as a citizen.
A letter from the person you will live with if released (i.e., a relative or
sponsor).
A letter from an employer, written on business letterhead, stating that
you will have a job, or a job interview, if you are released.
Certificates from education or job training classes you have completed
while in detention.
Certificates/letters stating that you have completed a behavior
management program while in detention (i.e., drug treatment, anger
management).
Reference letters from former employers, responsible family members,
church leaders, prison chaplains, or detention officers who know you.

23

8 C.F.R. § 241.13(e)(2).

24

8 C.F.R. § 241.4(d)(1).

25

8 C.F.R. § 241.13(d)(1).

Allison Wannamaker, Esq., Release from INS Custody After a Removal Order:
Post-Order Custody Reviews and Habeas Corpus (Catholic Legal Immigration
Network, Inc. 2002).

26

13

3. Make two copies of all the above information that you are sending to
HQPDU, send one copy to your Deportation Officer for your local ICE
file and keep one copy for yourself.
You will receive a letter from HQPDU acknowledging receipt of your
information and explaining the procedures they will use to evaluate your request
within ten business days after they have received your information. 27 If ICE first
determines that you have failed to make reasonable efforts to comply with the
removal order or that you have obstructed the removal process, ICE will advise you
of this fact in writing and will inform you of the additional steps that you must take
before it reconsiders your request for release. 28 ICE may gather more information
about your case from the State Department, 29 and they may want to interview you
in person or on the telephone. 30 You have a right to have access to all information
ICE intends to rely on in making its decision, and you have a right to respond to
this information with your own information or evidence. 31
Once ICE has considered all information relevant to your case,
HQPDU will mail you a copy of its written decision. 32 If ICE determines that there
is no significant likelihood of your removal in the reasonably foreseeable future, you
will be released under supervised conditions. 33 If your request for release is denied,
you may submit another request after six months, 34 or you may file a habeas corpus
petition to a federal district court. You may also file a habeas corpus petition if
HQPDU does not issue a written decision promptly and you have good reason to
believe you cannot be removed in the reasonably foreseeable future. 35

27

8 C.F.R. § 241.13(e)(1).

28

8 C.F.R. § 241.13(e)(2).

29

8 C.F.R. § 241.13(e)(3).

30

8 C.F.R. § 241.13(e)(5).

31

8 C.F.R. § 241.13(e)(4).

32

8 C.F.R. § 241.13(g).

33

8 C.F.R. § 241.13(h).

34

8 C.F.R. § 241.13(j).

There is no administrative appeal from a HQPDU decision under this section.
8 C.F.R. § 241.13(g)(2).
35

14

STEP THREE:
PETITIONING FOR A WRIT OF HABEAS CORPUS
A.

GENERAL OVERVIEW

If your request for release from ICE Headquarters (HQPDU) has been
denied, or you have not received a prompt decision from HQPDU after submitting a
request for release, you may want to challenge your continued detention by filing a
writ of habeas corpus. Filing a writ of habeas corpus means that you will ask a
federal district court to release you from indefinite detention until you
can be deported by ICE. You are not challenging your removal order.
It is best to file a writ of habeas corpus with the help of a lawyer. If
you do not have a lawyer you should file a Motion for Appointment of Counsel
together with your habeas petition (see Step Four). Many ICE detainees, however,
successfully file their habeas petitions without a lawyer or “pro se.” You will file
your petition in the federal district court that covers the area where you are now
detained. The information that follows will explain the filing requirements as of the
date of printing of this manual. However, you should check the local rules of the
court where you will file your petition for the filing requirements, since court rules
and filing requirements may change. The local rules should be in your detention
center’s law library. If they are not, ask the clerk’s office in the federal district
court where you will be filing your petition for the court’s local rules (see Appendix
B for court contact information).
B.

STEPS FOR YOU TO FOLLOW:
1. Write your Petition for Writ of Habeas Corpus.
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ

Your petition must be typed or handwritten neatly in blue or black ink.
Your petition must be in English.
Write your full name and Alien Number (“A-Number”) on all documents
sent to the court.
Be sure to sign and date your petition before you send it.
Make sure that it is clear in your petition that you are challenging your
continued detention by ICE, not your deportation order.
Concentrate on making the facts of your case clear and accurate. The
judge is most interested in the specific facts of your case that are relevant
to why you are challenging continued detention. You do not need to
include many legal arguments or citations.

15

ƒ

Do not lie or make misrepresentations in any of the information
that you submit to the court. By signing your petition, you are
swearing that what you have submitted is the truth.
™ See Form 3 for a model petition that you can use to write your
petition for writ of habeas corpus. You are the “Petitioner,” because
you are filing the petition for habeas corpus.

******************************************************************************
The most important part of your habeas petition is the section where
you provide a reason why you are not likely to be removed to your
home country in the reasonably foreseeable future. You will present
this reason in paragraph 13 of Form 3. Here are some examples of what you
might write in paragraph 13. Remember, choose only the example or
examples that apply to you.
ƒ

Example 1: Petitioner is from Vietnam and no repatriation agreement
exists between the United States and Vietnam. See Ma v. Ashcroft,
357 F.3d 1095, 1100 (9th Cir. 2001) (noting that Vietnamese citizens
cannot be removed because United States does not have a repatriation
agreement); Ngo v. INS, 192 F.3d 390, 395 (3d Cir. 1999) (recognizing
that Vietnam has refused to accept repatriation of citizens ordered
removed from United States). Because there is no repatriation
agreement between the United States and Vietnam, Petitioner cannot
be removed. Thus, Petitioner’s removal from the United States is not
significantly likely to occur in the reasonably foreseeable future.

ƒ

Example 2: Petitioner has been detained for more than six months
after receiving a final removal order, and ICE has been unable to carry
out his removal. Petitioner’s Consulate has not issued travel
documents and there is no certainty as to when, if ever, such travel
documents will be issued. Thus, Petitioner’s removal from the United
States is not significantly likely to occur in the reasonably foreseeable
future. See Habtegaber v. Jenifer, 256 F. Supp.2d 692, 697-98 (E.D.
Mich. 2003) (Ethiopian national ordered released after 7 months’
detention where neither Ethiopia nor Eritrea responded to INS’s
request for travel documents); Okwilagwe v. Immigration &
Naturalization Service, No. 3-01-CV-1416-BD, 2002 WL 356758, *3
(N.D. Tex. Mar. 1, 2002) (alien from Nigeria in custody for 11 months
ordered released under Zadvydas because INS did not have travel
documents in hand and there was no certainty as to when such
documents might be issued); see also Lewis v. Immigration &
Naturalization Service, No. 00CV0758(SJ), 2002 WL 1150158, *4-5
16

(E.D.N.Y. May 7, 2002) (alien from Barbados provided “good reason” to
believe removal not likely to occur in the reasonable foreseeable future
where consulate had not responded to INS requests for travel
documents and alien had been detained longer than six months).
ƒ

Example 3: Petitioner has been in detention longer than six months,
and the Chinese Consulate has notified ICE that it will not accept
Petitioner’s removal to China. Because the Consulate has specifically
refused to accept Petitioner’s removal to China, Petitioner is not
significantly likely to be removed in the reasonably foreseeable future,
or at all for that matter. See Shefqet v. Ashcroft, No. 02 C 7737, 2003
WL 1964290, *4 (N.D. Ill. Apr. 28, 2003) (ordering release of
Yugoslavian alien under Zadvydas after 17-month detention where
Yugoslavian Embassy notified INS that it would not issue him a travel
document); Zhou v. Ashcroft, Civ. No. 3:CV-01-0863 (M.D. Pa. Apr. 15,
2002) (ordering release of Chinese alien under Zadvydas after 20month detention and where Chinese Consulate had notified INS by
letter that it would not accept Petitioner’s removal to China).

******************************************************************************
¾ Be sure to check the chart that follows, and the local rules
used by your federal district court, for the latest filing
requirements. The format of your petition may vary somewhat
from the model petition.
¾ Some jurisdictions require that you use a special form for your
habeas petition (see chart below). If you live in one of these
jurisdictions, you must contact the Clerk of the Court to request the
special habeas form (see Appendix B for contact information). We
recommend that you file the special form together with the habeas
petition in Form 3.
2. Make several copies of your petition.
ƒ

You will generally need the original plus one or more copies for the court,
and one copy for yourself.

3. Get a check or money order, made out to “United States District Court,”
to pay the court-filing fee.
ƒ
ƒ

The court-filing fee is usually $5.
If you cannot afford this fee, you can submit an application to file in forma
pauperis. Submitting an application in forma pauperis means that you
17

will pay the court-filing fee over time. You must include an affidavit
listing your assets, and a current statement of your prisoner account. See
Form 5.
4. Mail your petition for writ of habeas corpus and the court-filing fee
to the appropriate federal district court.
ƒ
ƒ
ƒ
ƒ
ƒ

You will need to send the original petition, plus one or more copies of the
petition and the court-filing fee to the appropriate federal district court.
You will mail this information to the federal district court that covers the
area where you are now detained.
Be sure to address your envelope to the Clerk of the Court.
Be sure to sign both your petition and your check or money order before
mailing.
Send your petition by certified mail, if possible, so you will have proof that
the Clerk of the Court received your petition.

Once the court receives your petition for a writ of habeas corpus and
assigns your case to a judge, the judge will send your petition to the government to
provide it with a chance to respond. If you disagree with what the government says
in its response, you may file a “Reply” with the court.
It may take the judge several months to issue a decision. If the judge
agrees that you should be released, he or she will issue a written order telling ICE
to release you. If you are released by ICE before the judge makes a decision, you
should write to the court and ask to voluntarily withdraw your petition.
C.

FILING INSTRUCTIONS

General Filing Requirements
The requirements listed below apply to most district courts. In the chart on page 20,
however, we have provided a comprehensive list of the specific rules that apply in
each court. Check to make sure you have followed the rules that apply in your
district.
•

Where to File
¾ You should file your habeas petition in the district court with jurisdiction
over the location where you are currently being detained. Of the districts
with more than one office location, the majority requires that you file in the
office that has jurisdiction over the county where you are being detained. In
Appendix B, you will find a list of all of the district courts and their
addresses, current as of the date of this publication.
18

•

Cost
¾ The cost for filing a habeas corpus petition is usually $5.00.
ƒ If you cannot afford to pay the filing fee, you can apply to proceed in forma
pauperis. See Form 5.

•

Forms
¾ Some courts require you to fill out special forms for habeas petitions. The
next section lists the districts that we know to have these special forms. If
the district in which you are filing has a special form, request the form by
writing to the clerk of that court. See Appendix B for the addresses of the
courts. If they don’t have any special forms, you should fill out the model
habeas petition. See Form 3.

•

Filling Out Forms
¾ For all documents that you send to the court, write clearly or type. Make
sure that the papers do not have any eraser marks or cross-outs.
ƒ You may want to make a few copies of the forms before you fill them out,
in case you make a mistake on one of them.
¾ Remember to sign the forms you send to the court.

•

Copies
¾ Most courts require you to send them the original plus two copies of all
documents you file. You should also make an extra copy to keep for yourself.
ƒ If you want the court to return a stamped copy to you confirming that they
have received your documents, send one copy in addition to the two or
more copies that the court requires, with a request to return one stamped
copy to you.

19

Habeas Corpus Petitions: Filing Requirements
These filing requirements may change. You should check the local rules of the court
where you will be filing, either at the library or by calling the court Clerk’s office.
District

# Copies

Filing
Fee

Special Form

Original

$5.00

Original, +2

$5.00

Southern
District
Alaska

Original, +2

$5.00

Original + 2

$5.00

Arizona

Original, +2

$5.00

Request form from
clerk’s office
Self-drafted petition
acceptable
Self-drafted petition
acceptable
Self-drafted petition
acceptable
Request form from
clerk’s office

Arkansas
Eastern District

Original, +2

$5.00

Western District

Original, +2

$5.00

Original, +1

$5.00

Original, +2

$5.00

Central District

Original, +3

$5.00

Southern
District
Colorado

Original, +2

$5.00

Original, +2

$5.00

Connecticut

Original, +2

$5.00

Delaware

Original, +1

$5.00

District of
Columbia

Original, +1

$5.00

Alabama
Northern
District
Middle District

California
Northern
District
Eastern District

Which Office
to File In

Request form from
clerk’s office
Request form from
clerk’s office
Request form from
clerk’s office
Request form from
clerk’s office
Request form from
clerk’s office
Request form from
clerk’s office
Request form from
clerk’s office
Self-drafted petition
acceptable-form
preferred
Self-drafted petition
acceptable
Self-drafted petition
acceptable
20

Any office

Any office

District

# Copies

Filing
Fee

Special Form

Which Office
to File In

Original, +2

$5.00

Any office

Original, +2

$5.00

Original, +1

$5.00

Request form from
clerk’s office
Self-drafted petition
acceptable
Request form from
clerk’s office

Georgia
Northern
District

Original, +1

$5.00

Send to
attention of
Allen Newman

Middle District

Original, +2

$5.00

Southern
District
Guam

Original, +1

$5.00

Original, +2

$5.00

Hawaii

Original + 2

$5.00

Idaho

Original + 2

$5.00

Self-drafted petition
acceptable (forms
available)
Self-drafted petition
acceptable (forms
available)
Self-drafted petition
acceptable
Self-drafted petition
acceptable
Self-drafted petition
acceptable
Self-drafted petition
acceptable

Original, +2

$5.00

Request form from
clerk’s office

Chicago Office

Original, +3
Original + 2

$5.00
$5.00

Self-drafted petition
acceptable

Any office;
preferable to
file in East St.
Louis

Original, +1

$5.00

Any office

Original, +2

$5.00

Self-drafted petition
acceptable
Self-drafted petition
acceptable (form
preferred)

Florida
Northern
District
Middle District
Southern
District

Illinois
Northern
District
Central District
Southern
District

Indiana
Northern
District
Southern
District

21

Submit to
office for
division where
incarcerated

Any office

Submit to
office for
division where
incarcerated

District

# Copies

Filing
Fee

Special Form

Which Office
to File In

Original, +1

$5.00

Any office

Original

$5.00

Original, +2

$5.00

Self-drafted petition
acceptable
Self-drafted petition
acceptable
Request form from
clerk’s office from
Topeka Office

Kentucky
Eastern District

Original, +2

$5.00

Any office

Western District

Original, +2

$5.00

Self-drafted petition
acceptable (form
preferred)
Self-drafted petition
acceptable

Louisiana
Eastern District

Original, +4

$5.00

Middle District

Original, +2

$5.00

Western District

Original, +2

$5.00

Maine

Original, +2

$5.00

Maryland

Original, +1

$5.00

Massachusetts Original, +2

$5.00

Michigan
Eastern District

Original, +3

$5.00

Western District

Original, +1

$5.00

Minnesota

Original, +1

$5.00

Iowa
Northern
District
Southern
District
Kansas

Request form from
clerk’s office
Self-drafted petition
acceptable
Request form from
clerk’s office
Self-drafted petition
acceptable
Request form from
clerk’s office
Self-drafted petition
acceptable; federal
civil cover sheet and
category sheet
required
Self-drafted petition
acceptable
Self-drafted petition
acceptable
Self-drafted petition
acceptable; federal
civil cover sheet
required (JS-44)
22

Des Moines
Office

Any office

Shreveport
Office
Any office
Baltimore
Office
Boston Office

Any office
Any office
St. Paul Office

District

# Copies

Filing
Fee

Special Form

Which Office
to File In

Original, +2

$5.00

Original, +1

$5.00

Self-drafted petition
acceptable
Self-drafted petition
available

Submit to local
office
Jackson Office

Original, +1

$5.00

St. Louis Office

Western District

Original, +3

$5.00

Montana

Original, +2

$5.00

Nebraska

Original

$5.00

Nevada

Original, +4

$5.00

New
Hampshire
New Jersey

Original, +2

$5.00

Original, +4

$5.00

Self-drafted petition
acceptable
Self-drafted petition
acceptable (form
available)
Self-drafted petition
acceptable (prefer
form)
Self-drafted petition
acceptable
Self-drafted petition
acceptable (See
Federal Rules of
Criminal Procedure
Rule 35 for specific
instructions
Self-drafted petition
acceptable
Self-drafted petition
acceptable (form
available)

New Mexico

Original, +2

$5.00

Self-drafted petition
acceptable (form
available)

New York
Northern
District

Original, +2

$5.00

Eastern District

Original, +2

$5.00

Southern

Original

No fee

Request form from
clerk’s office
(available on the
court’s web site)
Request form from
clerk’s office
Request form from

Mississippi
Northern
District
Southern
District
Missouri
Eastern District

23

Any office

Any office
Any office

Submit to
office for
division where
incarcerated
Albuquerque
Office

Syracuse Office

Any office

District

# Copies

Filing
Fee

Special Form

District
Western District

Original, +2

$5.00

North
Carolina
Eastern District

Original, +2

$5.00

Middle District

Original, +2

$5.00

Western District

Original

$5.00

North Dakota

Original, +2

$5.00

Northern
Mariana
Islands
Ohio
Northern
District

Original, +5

$5.00

Original, +1

$5.00

Southern
District

Original

$5.00

Oklahoma
Northern
District

Original, +2

$5.00

Eastern District

Original, +1

$5.00

Western District

Original, +2

$5.00

clerk’s office-New
York City office only
Self-drafted petition
acceptable-civil
cover sheet required
(form available on
court’s web site)

24

Which Office
to File In
Any office

Request form from
clerk’s office
Self-drafted petition
acceptable (form
preferred)
Self-drafted petition
acceptable (form
preferred)
Self-drafted petition
acceptable (form
preferred)
Self-drafted petition
acceptable

Raleigh Office

Self-drafted petition
acceptable; federal
civil cover sheet
required
Self-drafted petition
acceptable; federal
civil cover sheet
required

Any office

Request form from
clerk’s office (form
available on court’s
web site)
Self-drafted petition
acceptable
Request form from

Any office

Greensboro
Office
Any office

Any office

Any office

District

# Copies

Filing
Fee

Special Form
clerk’s office
Self-drafted petition
acceptable

Oregon

Original, +1

$5.00

Pennsylvania
Eastern District

Original + 2

$5.00

Middle District

Original, +3

$5.00

Western District

Original, +4

$5.00

Puerto Rico

Original, +2

$5.00

Rhode Island

Original, +1

$5.00

South
Carolina
South Dakota

Original

$5.00

Original, +1

$5.00

Tennessee
Eastern District

Original

$5.00

Self-drafted petition
acceptable

Middle District

Original + 2

$5.00

Western District

Original, +2

$5.00

Self-drafted petition
acceptable
Self-drafted petition
acceptable, but
forms are available

Original, +2

$5.00

Original

$5.00

Texas
Northern
District
Eastern District

Self-drafted petition
acceptable
Request form from
clerk’s office (form
available on court’s
web site)
Self-drafted petition
acceptable; federal
civil cover sheet
required
Request form from
clerk’s office (form
also available on
court’s web site)
Self-drafted petition
acceptable
Request form from
clerk’s office
Self-drafted petition
acceptable (form
preferred)

Self-drafted petition
acceptable
Request form from
clerk’s office
25

Which Office
to File In
Any office

Scranton Office

Any office

Any office
Any office

Submit to
office for
division where
incarcerated
Any office

Any office
Any office

District

# Copies

Southern
District
Western District

Original, +2

Filing
Fee
$5.00

Original, +1

$5.00

Utah

Original, +1

$5.00

Vermont

Original

$5.00

Virgin Islands

Original + 2

$5.00

Virginia
Eastern District

Original, +2

$5.00

Western District

Original, +3

$5.00

Washington
Eastern District

Original, +3

$5.00

Original, +2

$5.00

Original, +2
(plus 1 copy
for each
defendant)
Original

Wisconsin
Eastern District

Special Form
Self-drafted petition
acceptable
Request form from
clerk’s office
Self-drafted petition
acceptable
Self-drafted petition
acceptable
Self-drafted petition
acceptable

Which Office
to File In
Any office
Any office

Any office

Self-drafted petition
acceptable (form
preferred)
Request form from
clerk’s office

Richmond
Office

Self-drafted petition
acceptable

Spokane Office

$5.00

Self-drafted petition
acceptable (form
preferred)

Any office

$5.00

Request form from
clerk’s office

Any office

Original, +1

$5.00

Any office

Western District

Original, +2

$5.00

Wyoming

Original, +1

$5.00

Self-drafted petition
acceptable (form
preferred)
Self-drafted petition
acceptable
Self-drafted petition
acceptable

Western District
West Virginia
Northern
District
Southern
District

26

Roanoke Office

Any office
Any office

D.

POSSIBLE ICE ARGUMENTS IN OPPOSITION TO YOUR HABEAS
PETITION, AND SAMPLE RESPONSES

After filing your habeas petition, the judge assigned to your case will
forward the petition to the attorneys for ICE. ICE attorneys may then file a
“Return” or an “Opposition” to your habeas petition. They may attempt to have
your habeas petition dismissed by raising certain arguments. We have listed
several arguments that ICE attorneys may raise, followed by sample responses.
Please note that the responses may not apply to your particular situation. Make
sure that your arguments are valid and accurate as applied to the specific facts of
your case.
In response to ICE’s Return or Opposition, you may file what’s called a
“Traverse” or a “Reply” (these terms are interchangeable). We will explain, after
each possible ICE argument, how you might respond in your Traverse or Reply.
Note that ICE may raise arguments different from those covered here.
Unfortunately, this manual cannot address every argument that ICE may raise.
Argument 1:

Petitioner Failed to Exhaust Administrative
Remedies

If you file your habeas corpus petition before you get a decision from
ICE Headquarters (HQPDU), ICE may argue that you must wait for their decision
first. They will say you have “failed to exhaust your administrative remedies.”
However, HQPDU may take a long time to send a decision on your request for
release, and there is no limit on how long they can take. It is therefore logical and
advisable to file the habeas petition, after waiting a reasonable amount of time for
HQPDU to make a decision. “Administrative remedies” refers to the action that
HQPDU can take to decide whether to release you from detention under Zadvydas,
before you file a habeas petition with the court. HQPDU may argue that it has not
had a chance to make its own decision in your case, and therefore your habeas
petition should be dismissed until it does.
Sample Response:
Petitioner need not exhaust his administrative remedies. The statute
in question, 8 U.S.C. § 1231(a)(6), has no exhaustion requirement. Exhaustion is
required only when Congress specifically mandates it. McCarthy v. Madigan, 503
U.S. 140, 144 (1992). In all other instances, “sound judicial discretion governs.” Id.
This Court should not require Petitioner to exhaust his administrative
remedies. First, the Supreme Court has recognized that courts should not require
exhaustion when there is an unreasonable or indefinite time-frame for
27

administrative action. Id. at 147. Here, HQPDU is not required to issue a decision
within any particular length of time. 8 C.F.R. § 241.13(g). The custody review
regulations do not provide any other administrative method of obtaining or
appealing a custody review decision. See id. § 241.13(g)(2). Petitioner has
petitioned for HQPDU review of his indefinite detention, and has already waited a
reasonable time for a decision. However, HQPDU has failed to make a decision. In
light of the fundamental right to liberty at stake, the lack of any statutory
requirement that a decision be rendered in any particular time-frame whatsoever,
and the resulting extreme prejudice to Petitioner’s liberty interest, Petitioner
should not be required to wait indefinitely for an HQPDU decision on his continued
indefinite detention. Exhaustion is not appropriate where “plaintiff may suffer
irreparable harm if unable to secure immediate judicial consideration of his claim.”
Id. Petitioner has a constitutionally-protected liberty interest in freedom from
government custody. Zadvydas, 121 S. Ct. at 2498-2501. Petitioner’s unlawful
indefinite detention constitutes irreparable harm. See Seretse-Khama v. Ashcroft,
215 F. Supp.2d 37, 53 (D.D.C. 2002) (ordering release under Zadvydas on
preliminary injunction based on substantial likelihood of success and finding that
continued unlawful detention constitutes irreparable harm).
Second, exhaustion is not required where the Petitioner challenges the
constitutionality of the agency procedure itself, “such that the question of the
adequacy of the administrative remedy is for all practical purposes identical with
the merits of the plaintiff’s lawsuit.” McCarthy, 503 U.S. at 148 (internal brackets
omitted). In this case, Petitioner is challenging the constitutionality of the
procedures by which ICE reviews the custody status of aliens who cannot be
removed within six months, and whose removal is not significantly likely to occur in
the reasonably foreseeable future. The administrative remedy is inadequate to
address this constitutional grounds for recovery.
Finally, exhaustion is not required where the administrative remedy is
inadequate due to agency bias. Id. at 148. Numerous courts have recognized the
bias inherent in the ICE custody review process. See Phan v. Reno, 56 F. Supp. 2d
1149, 1157 (W.D. Wash. 1999) (“We have . . . concerns about the quality of the
review afforded by INS to the Petitioners. Indeed, our review of the record confirms
that INS does not meaningfully and impartially review the Petitioners’ custody
status.”); Rivera v. Demore, No. C 99-3042 TEH, 1999 WL 521177, *7 (N.D. Cal. Jul.
13, 1999) (procedural due process requires that alien release determination be made
by impartial adjudicator due to agency bias); Ekekhor v. Aljets, 979 F. Supp. 640,
644 (N.D. Ill. 1997); St. John v. McElroy, 917 F. Supp. 243, 251 (S.D.N.Y. 1996)
(“Due to political and community pressure, INS, an executive agency, has every
incentive to continue to detain aliens with aggravated felony convictions, even
though they have served their sentences, on the suspicion that they may continue to
pose a danger to the community.”). Petitioner should not be required to languish in
detention awaiting a decision by HQPDU.
28

Argument 2:

Petitioner Has Failed to Cooperate

ICE may argue that you are not cooperating enough with their efforts
to remove you. They may argue that because you are not cooperating, they can
suspend the removal period under 8 U.S.C. § 1231(a)(1)(C), and continue to hold you
without being subject to any time constraints until you prove that you are
cooperating.
The law only supports ICE’s argument if you have refused to apply for
travel documents or if you have provided untruthful information to ICE about, for
example, your place of birth, citizenship, date of entry, etc. If you have applied for
travel documents, and have provided ICE with truthful information about your
place of birth, etc., then ICE should not be able to argue that you have failed to
cooperate. Even if you initially provided false information about your place of birth,
if you later tell the truth, then ICE cannot argue that you are not cooperating.
Sample Response:
ICE cannot seriously contend that Petitioner is not cooperating. The
relevant statutory provision provides that the 90-day removal period may be
extended beyond 90 days and the alien may remain in detention during that period
only “if the alien fails or refuses to make timely application in good faith for travel
or other documents necessary to the alien’s departure or conspires or acts to prevent
the alien’s removal subject to an order of removal.” 8 U.S.C. § 1231(a)(1)(C). This
statutory provision cannot be applied to Petitioner. Petitioner has made a timely
application in good faith for travel documents from the [fill in your country’s name]
Consulate. Petitioner also has provided truthful information to ICE concerning his
place of birth and citizenship.
The Government cites no cases in support of its position that it may
indefinitely detain an alien who truthfully admits he is a national of the country to
which ICE seeks to remove him, where there is no allegation that he has provided
false or misleading information, and where the alien has done whatever has been
asked of him to facilitate his removal. That is because the caselaw demonstrates
that to constitute noncooperation, an alien must take some action that impedes the
government’s efforts to remove him or refuse to provide relevant assistance.
Compare Moro v. Immigration & Naturalization Service, 58 F. Supp. 2d 854, 858
(N.D. Ill. 1999) (“Although [§ 1231(a)(1)(C)] places a burden of good-faith
cooperation on aliens in securing their removal, it does not, contrary to the
government’s assertion, require Moro’s continued detention because there is no
evidence in this case that Moro has impeded the government’s efforts to remove him
or refused relevant assistance.”) with Powell v. Ashcroft, 194 F. Supp. 2d 209, 21011 (E.D.N.Y. 2002) (alien who provided false name, false place of birth, and false
date of entry, was not cooperating). Petitioner has not done any of these things.
29

Therefore, ICE’s contention that Petitioner is not cooperating is meritless, and
provides no basis for the suspension of the removal period or Petitioner’s continued
unlawful detention. See Shefqet v. Ashcroft, No. 02 C 7737, 2003 WL 1964290, *4
(N.D. Ill. Apr. 28, 2003) (rejecting ICE’s allegation of noncooperation as baseless
where alien obtained his birth certificate and sought information from Yugoslavian
Embassy regarding ICE’s application for a travel document).
Moreover, to the extent that Respondents attempt to “suspend” the
removal period after the removal period has already expired, the removal statute
plainly does not permit such maneuvering. The Government’s regulations provide
that the Government must provide the alien with a “‘Notice of Failure to Comply’ . . .
before the expiration of the removal period.” 8 C.F.R. § 241.4(g)(1)(C)(ii) (emphasis
added). If the act that the Government now deems as noncooperation took place
during the 90-day removal period, the Government had every opportunity to invoke
§ 1231(a)(1)(C) during the removal period itself. This it failed to do without
justification. Once the removal period has run, the Government cannot
retroactively suspend that period pursuant to § 1231(a)(1)(C) when the act alleged
to constitute noncooperation fell squarely within the removal period. See SeretseKhama v. Ashcroft, 215 F. Supp. 2d 37, 53 n.19 (D.D.C. 2002).
Argument 3:

Petitioner Is Likely To Be Removed In the
Reasonably Foreseeable Future

ICE may also argue that its evidence shows that you are likely to be
removed in the reasonably foreseeable future. It may assert that it has requested
travel documents from your Consulate, and is awaiting a response. It may also
offer statistics showing the number of citizens of your country that ICE has
successfully repatriated, or removed, in the past several years.
Sample Response:
ICE has not satisfied its burden of showing that Petitioner is
significantly likely to be removed in the reasonably foreseeable future. Already,
Petitioner has been detained for [number of months detained] months. This period
of detention exceeds the six-month presumptively reasonable period of detention
authorized by Zadvydas. Zadvydas v. Davis, 533 U.S. 678, 701 (2001). Although
ICE states that it has made a request for travel documents from the [your country
of origin] Consulate, the fact is that no travel documents have been issued to date.
Because the Consulate has not issued travel documents, and there is no evidence
when, if ever, travel documents will be issued, ICE has not satisfied its burden and
Petitioner must be released. See Shefqet v. Ashcroft, No. 02 C 7737, 2003 WL
1964290, *5 (N.D. Ill. Apr. 28, 2003) (INS failed to carry burden of proof where no
travel documents had been issued, Yugoslavian alien had been detained for 17
months, and INS had been able to remove other aliens to Yugoslavia during that
30

period); Okwilagwe v. INS, No. 3-01-CV-1416-BD, 2002 WL 356758, *2-3 (N.D. Tex.
Mar. 1, 2002) (INS failed to sustain its burden of showing alien’s removal to Nigeria
would occur in reasonably foreseeable future where alien detained for 11 months,
travel documents not issued and no certainty as to when they might be issued); see
also Seretse-Khama v. Ashcroft, 215 F. Supp.2d 37, 53 (D.D.C. 2002) (finding that
Respondents failed to meet their burden of proof under Zadvydas where they “have
not demonstrated to this Court that any travel documents are in hand, nor have
they provided any evidence, or even assurances from the Liberian government, that
travel documents will be issued in a matter of days or weeks or even months”).
Argument 4:

Petitioner Is Too Dangerous To Be Released

ICE may argue that you cannot be released because you pose a danger
to the public. It may point to the fact that you have been convicted of an aggravated
felony to try to convince the court that you are too dangerous to be released.
Sample Response:
ICE cannot seriously contend that Petitioner is too dangerous to be
released. Moreover, Zadvydas does not permit ICE to indefinitely detain Petitioner
based on allegations of criminal dangerousness alone. In Zadvydas, the Supreme
Court held that an alien under a final removal order could be held longer than the
presumptively-reasonable period of six months if the alien is “specially dangerous.”
Zadyvdas v. Davis, 533 U.S. 678, 691 (2001). Having a criminal record is an
insufficient reason to refuse to release an alien after the six-month removal period
has expired. Id. Rather, the U.S. Supreme Court demanded that the
“dangerousness rationale be accompanied by some other special circumstance, such
as mental illness, that helps to create the danger.” Id. In its analysis, the Court
reiterated the need to protect an individual’s due process rights guaranteed by the
Fifth Amendment. Id. at 692 (noting a “serious constitutional problem arising out
of a statute that . . . permits indefinite, perhaps permanent, deprivation of human
liberty”). The Court also suggested that the Constitution prohibited an
administrative agency from making unreviewable decisions affecting one’s
fundamental rights. Id.
To implement Zadvydas, the Government established regulations
setting forth a detailed quasi civil commitment proceeding that it must follow in
order to continue to detain an alien whose removal is not significantly likely to
occur in the reasonably foreseeable future. See 8 C.F.R. § 241.14. These
regulations establish a review procedure in Immigration Court, which ICE itself
must initiate, whenever ICE seeks to indefinitely detain an alien. ICE’s regulations
list only four circumstances where an alien may remain in detention even though
his or her removal is not reasonably foreseeable: (1) where the alien has a highly
contagious disease, (2) where serious adverse foreign policy consequences would
31

result from the alien’s release, (3) for security or terrorism concerns, or (4) where
the alien is determined to be specially dangerous. Id.
Petitioner does not fall into any of these categories, and ICE has not
initiated any of the procedures required to certify Petitioner as falling into any of
these categories. To the extent ICE is arguing that it can continue indefinitely
detaining Petitioner on the grounds that he is “specially dangerous,” it has not even
attempted to comply with its own extensive procedures to obtain such a
classification. See 8 C.F.R. 241.14(f)-(g), (i). Here, ICE has not obtained a
certification of special dangerousness from the Commissioner, it has not ordered
that Petitioner undergo a medical examination, and it has not initiated a reasonable
cause proceeding in Immigration Court. ICE’s own regulations provide that without
proving “special dangerousness” by clear and convincing evidence before an
Immigration Judge, ICE does not have the ability to indefinitely detain an alien
who has no significant likelihood of being removed within a six-month period. In
short, ICE has not followed its own rules, or the due process demanded by the U.S.
Constitution and by Zadvydas. It follows that ICE’s assertions that Petitioner can
be indefinitely detained due to his criminal record should carry no weight
whatsoever in this Court’s determination.

32

STEP FOUR:
FILING A MOTION FOR APPOINTMENT OF COUNSEL
We have provided a sample motion for the appointment of counsel, if
you cannot afford a lawyer. See Form 4. You can use this motion to ask the court
to appoint a lawyer to represent you in your habeas proceeding. As in the sample
habeas petition, there are blanks throughout the document where you can fill in
information based on the specific facts of your case. Because of the complex nature
of the issues involved in your habeas case, if you cannot afford a lawyer, it is
strongly recommended that you file this motion for the appointment of counsel.
The motion for appointment of counsel must be filed together with your
habeas petition.

STEP FIVE:
FILING A MOTION TO PROCEED IN FORMA PAUPERIS
If you do not have enough money to pay the filing fee for the filing of a
petition for a writ of habeas corpus, you may file a motion to proceed in forma
pauperis. In Form 5 of the appendix, you will find the following three documents:
(1) Motion to Proceed In Forma Pauperis
(2) Prisoner Certificate
(3) Trust Account Withdrawal Authorization
These three documents are samples only and are designed to give you
an idea of what the required forms look like if you want to proceed in forma
pauperis (as a pauper). Most courts, however, have their own forms that you must
request and submit with your habeas petition. You should therefore contact the
Clerk of the Court where you plan to file your habeas petition, to request that they
send you the necessary forms to proceed in forma pauperis. Once you have the
proper forms, fill them out and submit them to the Court together with your habeas
petition and your motion for appointment of counsel.

33

SPECIAL CASES:
HABEAS CORPUS FOR MARIEL CUBANS
Up to this point in the handbook, we have discussed the Supreme
Court’s ruling in Zadvydas and the procedures by which detained aliens can seek
release from ICE detention based on the Zadvydas decision. If you are Cuban and
came to the United States as part of the Mariel Boatlift, the Supreme Court ruled in
Martinez that Zadvydas applies equally to you. However, the administrative rules
that apply to you are somewhat different.
1. Petitioning for Administrative Review: The Cuban Review Plan
For Mariel Cubans, your continued detention is reviewed by ICE
somewhat differently from other aliens. See 8 C.F.R. § 212.12. The continued
detention of Mariel Cubans is not reviewed by ICE Headquarters (HQPDU), and
you cannot ask HQPDU to review your custody status. For your yearly custody
review, the factors that ICE will look at are very similar to those discussed in
Step One of this manual. In advance of your review, you should submit the same
documents and information listed in Step One of this manual. You may use
Form 1 to submit a letter to the Cuban Review Panel explaining why you should be
released.
2. Petitioning for a Writ of Habeas Corpus
If ICE has not released you more than six months after your detention,
and after you requested a Cuban Review Panel custody review, you may wish to
bring a petition for a writ of habeas corpus under Martinez. In Form 6 of the
appendix, you will find a model habeas petition for Mariel Cubans. To file this
habeas petition, follow instructions in Step Three.
If you need a lawyer and cannot afford one, you may file a motion for
the appointment of counsel by following instructions under Step Four of this
manual. If you cannot afford the filing fee for the habeas petition, you may ask to
proceed in forma pauperis (as a pauper). Go to Step Five of the manual and follow
instructions.

34

APPENDICES
Appendix A: Forms
Appendix B: U.S. District Court Addresses
Appendix C: Resources

35

APPENDIX A: FORMS
Form 1:

Ninety-Day Letter Requesting Initial Release From Detention

Form 2:

Six-Month Letter Requesting Release From Detention

Form 3:

Petition for Writ of Habeas Corpus

Form 4:

Motion for Appointment of Counsel

Form 5:

Motion to Proceed In Forma Pauperis, Prison Certificate, Trust
Account Withdrawal Authorization

Form 6:

Petition for Writ of Habeas Corpus for Mariel Cubans

36

Form 1: Ninety-Day Letter Requesting Initial Release From Detention
[Print your full name]
[Alien number]
[Mailing address at your detention center]
[Today’s date]
[The address provided to you in the written
notice from the Office of Detention and Removal
U.S. Immigration and Customs Enforcement]
I request that ICE take the following information into consideration in
reviewing my custody status because I believe that I qualify for an order of
supervision. I am under a final order of removal and have been in detention for
more than 90 days since my order of removal became final. I am not a danger to
public safety, and I am not a flight risk.
I entered the United States on [date of your entry]. I am not a danger to
public safety because [In this section, you must convince ICE that you will not
commit further crimes or otherwise pose a danger to the public. Include reasons
such as those suggested below. Attach photocopies of any letters or
documents that support these claims:
1) My past criminal conduct occurred while I was associated with certain people
who had a negative influence on me. If released, I will be living far away
from these people.
2) I will live with my parent(s)/other relative/friend where I will have a stable
home.
3) I will have a job if released (explain where you will work, and, if possible,
have your employer write a letter, which you can submit, explaining that you
will have a job there).
4) I want to continue my education and will enroll in job
training/college/educational programs if released.
5) I have been rehabilitated while in detention (list the programs that you have
completed, such as Alcoholics Anonymous, Bible study, drug treatment, or
vocational training, and attach certificates/letters of completion).
37

6) I did not have any disciplinary problems while in detention (if you have a
good disciplinary record, have someone from your detention center write a
letter supporting this claim for you to submit with this letter).
7) I have a healthy support network available that will help me succeed outside
of detention (describe your family or other ties to the community, church or
other religious membership, or any community programs that will support
you after you are released).
8) Unusual circumstances warrant my release (explain any unusual
circumstances, such as a sick family member who needs your help, any
extensive medical treatment that you require, or your family’s need for your
financial support).
9) I realize that I have made mistakes in the past, but I have learned from them
and can now be a productive member of society.]
I am not a flight risk because I will live at [write the address and phone
number where you will live if released] with my [write who you will live with, if
applicable]. I have the following family members in the United States:
[Enter the names and addresses of all family members living in the United States,
and state whether they are lawful permanent residents or U.S. citizens]._________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
When I am released, I will concentrate on working and supporting my family.
I am prepared to comply with all restrictions imposed on me as part of my release.
[If you have ever violated your probation or missed a court hearing or ICE
appointment, explain why and state why it will not happen again]. ______________
_____________________________________________________________________________
______________________________________________________________________________

38

I have cooperated with ICE’s efforts to remove me from the United States. I
have [In this section, explain what you and your Deportation Officer have done to
get your home country’s permission for your return. For example, explain which
papers you have signed, whether you have talked to your home country’s embassy
or consulate, and whether you have provided ICE with any photographs,
fingerprints, or identity papers. Attach photocopies of any letters or
documents you have supporting these claims].
My home country will not accept my deportation because [In this section,
provide the reason(s) why ICE will be unable to deport you, if applicable. For
example, you could explain that your home country does not have a repatriation
agreement with the United States; that you know other detainees from your home
country are not deported; that your home country has specifically told you it will not
take you back; or that your home country does not consider you to be a citizen].
For the reasons stated above, I ask that ICE release me under an order of
supervision so that I may join my family, return to gainful employment, and no
longer be a financial burden to society.
Respectfully Submitted,
[Print your full name and Alien number]
[Sign your full name]

39

1
2
3

____________________________

4

____________________________

5

____________________________

6

____________________________

7

____________________________

8
9
10
11
12

___________________
_______________________________
_______________________________

13

_______________________________

14

_______________________________

15
16
17
18
19
20
21

I request that ICE take the following information into consideration in
reviewing my custody status because I believe that I qualify for an order of
supervision. I am under a final order of removal and have been in detention for
more than 90 days since my order of removal became final. I am not a danger to
public safety, and I am not a flight risk.
I entered the United States on _______________________. I am not a danger
to public safety because _____________________________________________________

22

___________________________________________________________________________

23

___________________________________________________________________________

24
25
26
27
28

___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
I am not a flight risk because I will live at ______________________________
____________________________________ with my _______________________________
I have the following family members in the United States: ____________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
When I am released, I will concentrate on working and supporting my family.
I am prepared to comply with all restrictions imposed on me as part of my release.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2

______________________________________________________________________________
I have cooperated with ICE’s efforts to remove me from the United States. I
have ______________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
My home country will not accept my deportation because ________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
For the reasons stated above, I ask that ICE release me under an order of
supervision so that I may join my family, return to gainful employment, and no
longer be a financial burden to society.
Respectfully Submitted,
_____________________________________________
_____________________________________________

3

Form 2: Six-Month Letter Requesting Release From Detention
[Print your full name]
[Alien number]
[Mailing address at your detention center]
[Today’s date]
Headquarters Post-Order Detention Unit
U.S. Department of Homeland Security
Immigration and Customs Enforcement
801 I Street, N.W., Suite 900
Washington, DC 20536
I request that ICE take the following information into consideration in
reviewing my custody status because I believe that I qualify for an order of
supervision. I am under a final order of removal and have been in detention for
more than 6 months since my order of removal became final. It is unlikely that I
will be deported to [your home country] in the reasonably foreseeable future. I am
not a danger to public safety, and I am not a flight risk.
I entered the United States on [date of your entry]. I have the following
family members in the United States:
[Enter the names and addresses of all family members living in the United States,
and state whether they are lawful permanent residents or U.S. citizens].__________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
My home country will not accept my deportation because [In this section,
provide the reason(s) why ICE has been unable to deport you. For example, you
could explain that your home country does not have a repatriation agreement with
the United States, that you know other detainees from your home country are not
41

deported; that your home country has specifically told you it will not take you back;
or that your home country does not consider you to be a citizen].
I have cooperated with ICE efforts to remove me from the United States. I
have [In this section, explain what you and your Deportation Officer have done to
get your home country’s permission for your return. For example, explain which
papers you have signed, whether you have talked to your home country’s embassy
or consulate, and whether you have provided ICE with any photographs,
fingerprints, or identity papers. Attach photocopies of any letters or
documents you have supporting these claims].
In addition, I am not a danger to public safety because [In this section, you
should provide information to ICE to demonstrate that you will not commit further
crimes or otherwise pose a danger to the public. Include reasons such as those
suggested below. Attach photocopies of any letters or documents that
support these claims.
1) My past criminal conduct occurred while I was associated with certain people
who had a negative influence on me. If released, I will be living far away
from these people.
2) I will live with my parent(s)/other relative/friend where I will have a stable
home.
3) I will have a job if released (explain where you will work, and, if possible,
have your employer write a letter, which you can submit, explaining that you
will have a job there).
4) I want to continue my education and will enroll in job
training/college/educational programs if released.
5) I have been rehabilitated while in detention (list the programs that you have
completed, such as Alcoholics Anonymous, Bible study, drug treatment, or
vocational training, and attach certificates/letters of completion).

42

6) I did not have any disciplinary problems while in detention (if you have a
good disciplinary record, have someone from your detention center write a
letter supporting this claim for you to submit with this letter).
7) I have a healthy support network available that will help me succeed outside
of detention (describe your family or other ties to the community, church or
other religious membership, or any community programs that will support
you after you are released).
8) Unusual circumstances warrant my release (explain any unusual
circumstances, such as a sick family member who needs your help, any
extensive medical treatment that you require, or your family’s need for your
financial support).
9) I realize that I have made mistakes in the past, but I have learned from them
and can now be a productive member of society.]
I am not a flight risk because I will live at [write the address and phone
number where you will live if released] with my [write who you will live with, if
applicable]. When I am released, I will concentrate on working and supporting my
family. I am prepared to comply with all restrictions imposed on me as part of my
release. [If you have ever violated your probation, or missed a court hearing or ICE
appointment, you should explain why and tell ICE why your failure to comply will
not recur.]
For the reasons stated above, I ask that ICE release me under an order of
supervision so that I may join my family, return to gainful employment, and no
longer be a financial burden to society.
Respectfully Submitted,
[Print your full name and Alien number]
[Sign your full name]

43

1
2

____________________________

3

____________________________

4

____________________________

5
6
7

____________________________
____________________________

8
9
10
11
12
13
14
15
16
17
18
19
20
21

___________________
Headquarters Post-Order Detention Unit
U.S. Department of Homeland Security
Immigration and Customs Enforcement
801 I Street, N.W., Suite 900
Washington, DC 20536
I request that ICE take the following information into consideration in
reviewing my custody status because I believe that I qualify for an order of
supervision. I am under a final order of removal and have been in detention for
more than 6 months since my order of removal became final. It is unlikely that I
will be deported to _______________________________ in the reasonably foreseeable
future. I am not a danger to public safety, and I am not a flight risk.
I entered the United States on _______________________. I have the following
family members in the United States:
___________________________________________________________________________
___________________________________________________________________________

22

___________________________________________________________________________

23

___________________________________________________________________________

24
25
26
27
28

___________________________________________________________________________
My home country will not accept my deportation because ________________
___________________________________________________________________________

___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
I have cooperated with ICE efforts to remove me from the United States. I
have ______________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
In addition, I am not a danger to public safety because ___________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
2

___________________________________________________________________________
I am not a flight risk because I will live at ________________________________
____________________________________ with my _________________________________
When I am released, I will concentrate on working and supporting my family. I am
prepared to comply with all restrictions imposed on me as part of my release. _____
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
For the reasons stated above, I ask that ICE release me under an order of
supervision so that I may join my family, return to gainful employment, and no
longer be a financial burden to society.
Respectfully Submitted,
_____________________________________________
_____________________________________________

3

Form 3: Petition for Writ of Habeas Corpus
UNITED STATES DISTRICT COURT
FOR THE [name of district where you will file this petition. For example,
EASTERN DISTRICT OF LOUISIANA]
Civil Action No. [leave blank]

[Print your full name and A-Number],
Petitioner,
v.
[write name of attorney general],
ATTORNEY GENERAL;
[write name of the DHS Secretary],
SECRETARY OF THE DEPARTMENT OF
HOMELAND SECURITY;
[name of the Field Office Director for the
District where you are in custody], U.S. ICE
FIELD OFFICE DIRECTOR FOR THE
[name of District where you are in custody]
FIELD OFFICE; and WARDEN OF
IMMIGRATION DETENTION FACILITY,
Respondents .

PETITION FOR A WRIT OF HABEAS CORPUS
PURSUANT TO 28 U.S.C. § 2241
Petitioner, [your full name], hereby petitions this Court for a writ of habeas
corpus to remedy Petitioner’s unlawful detention by Respondents. In support of this
petition and complaint for injunctive relief, Petitioner alleges as follows:

44

CUSTODY
1. Petitioner is in the physical custody of Respondents and U.S. Immigration
and Customs Enforcement (“ICE”). Petitioner is detained at the [name of your
detention center] in [city and state where you are being held; for example, New
Orleans, Louisiana]. [If you are detained in a state, county, or private facility, you
should also write: ICE has contracted with {insert the name of your detention
center} to house immigration detainees such as Petitioner.] Petitioner is under the
direct control of Respondents and their agents.
JURISDICTION
2. This action arises under the Constitution of the United States, and the
Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., as amended by
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(“IIRIRA”), Pub. L. No. 104 - 208, 110 Stat. 1570, and the Administrative Procedure
Act (“APA”), 5 U.S.C. § 701 et seq.
3. This Court has jurisdiction under 28 U.S.C. § 2241; art. I § 9, cl. 2 of the
United States Constitution (“Suspension Clause”); and 28 U.S.C. § 1331, as
Petitioner is presently in custody under color of the authority of the United States,
and such custody is in violation of the Constitution, laws, or treaties of the United
States. This Court may grant relief pursuant to 28 U.S.C. § 2241, 5 U.S.C. § 702,
and the All Writs Act, 28 U.S.C. § 1651.
4. Petitioner has exhausted any and all administrative remedies to the
extent required by law.
45

VENUE
5. Pursuant to Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S.
484, 493–500 (1973), venue lies in the United States District Court for the [name of
district where you are filing petition, for example, Eastern District of Louisiana],
the judicial district in which Petitioner resides.
PARTIES
6. Petitioner is a native and citizen of [list country]. Petitioner was first
taken into ICE custody on [date], and has remained in ICE custody continuously
since that date. Petitioner was ordered removed on [date]. [State when your order
of deportation became final. For example, “Petitioner waived his appeal from the
order of deportation, thereby making it final on that same date.” OR “Petitioner did
not appeal his order of deportation; thereby making it final 30 days from the date
Petitioner was ordered removed.” OR “BIA dismissed the appeal.”]
7. Respondent [Alberto Gonzales or present Attorney General] is the
Attorney General of the United States and is responsible for the administration of
ICE and the implementation and enforcement of the Immigration & Naturalization
Act (INA). As such, [Mr. Gonzales or present Attorney General] has ultimate
custodial authority over Petitioner.
8. Respondent [Michael Chertoff or present DHS Secretary] is the Secretary
of the Department of Homeland Security. He is responsible for the administration
of ICE and the implementation and enforcement of the INA. As such, [Mr. Chertoff
or present Assistant Secretary of ICE] is the legal custodian of Petitioner.
46

9. Respondent [name of ICE Field Office Director] is the ICE Field Office
Director of the [name of field office] Field Office of ICE and is Petitioner’s
immediate custodian. See Vásquez v. Reno, 233 F.3d 688, 690 (1st Cir. 2000), cert.
denied, 122 S. Ct. 43 (2001).
10. Respondent Warden of [name of facility where you are in detention],
where Petitioner is currently detained under the authority of ICE, alternatively
may be considered to be Petitioner’s immediate custodian.
FACTUAL ALLEGATIONS
11. Petitioner, [your name], is a native and citizen of [your home country].
Petitioner has been in ICE custody since [date]. An Immigration Judge ordered the
Petitioner removed on [date you were ordered removed. If you appealed to the
Board of Immigration Appeals (BIA), also write the date of the BIA’s decision in
your case].
12. [Provide a summary of your immigration history, including: 1) when you
first arrived in the United States; 2) countries you lived in before the United States;
and 3) whether you or your family ever became lawful permanent residents or
applied for citizenship.]
13. [Provide a brief summary of your criminal history, if applicable.]
14. [Explain when and how ICE first took you into custody. For example,
ICE picked you up from prison after you finished your sentence, or they arrested
you at a meeting with your probation officer.]

47

15. To date, however, ICE has been unable to remove the Petitioner to [your
home country] or any other country. [Explain why your home country will not
accept you for deportation if you know. For example, if you are from Vietnam or
Laos, write: No repatriation agreement exists between the United States and Laos.
If you are from any other country, state whether your home country has an embassy
in the United States, or if you have ever heard of your home country accepting
citizens for deportation. If people sometimes can be deported to your home country,
explain why there is a special reason that your home country will not accept you.
For example, it does not consider you a citizen because your parents were born in
another country, or it does not accept the deportation of permanent residents or
people with certain criminal convictions. If you have talked to your consulate or
your Deportation Officer about why you cannot be deported, explain who you spoke
to and when, and what you talked about.]
16. Petitioner has cooperated fully with all efforts by ICE to remove
Petitioner from the United States. [Explain what you have done to help ICE apply
for your travel documents. For example, explain whether you have signed a travel
document application or other papers, provided your Deportation Officer with
information about when and where you were born, or provided ICE with
photographs, fingerprints, or identity documents. Refer back to the information you
sent ICE in previous custody reviews.]

48

17. Petitioner’s custody status was first reviewed on [date of your first
custody review]. On [date you received written decision], Petitioner was served
with a written decision ordering his/her continued detention.
18. On [date you received notice your case was being transferred to HQPDU],
Petitioner was served with a notice transferring authority over his/her custody
status to ICE Headquarters Post-Order Detention Unit (“HQPDU”). [Explain what
you have done to ask ICE Headquarters to release you from detention. For example,
explain the dates that you mailed letters and other supporting documents, whether
you have received a written decision or any other information about your custody
status, or whether you have heard anything from ICE Headquarters since your case
was transferred.]
LEGAL FRAMEWORK FOR RELIEF SOUGHT
19. In Zadvydas v. Davis, 533 U.S. 678 (2001), the U.S. Supreme Court held
that six months is the presumptively reasonable period during which ICE may
detain aliens in order to effectuate their removal. Id. at 702. In Clark v. Martinez,
543 U.S. 371 (2005), the Supreme Court held that its ruling in Zadvydas applies
equally to inadmissible aliens. Department of Homeland Security administrative
regulations also recognize that the HQPDU has a six-month period for determining
whether there is a significant likelihood of an alien’s removal in the reasonably
foreseeable future. 8 C.F.R. § 241.13(b)(2)(ii).
20. Petitioner was ordered removed on [date you were ordered removed], and
the removal order became final on [date your removal order became final].
49

Therefore, the six-month presumptively reasonable removal period for Petitioner
ended on [six months after the date your removal order became final].
CLAIMS FOR RELIEF
COUNT ONE
STATUTORY VIOLATION
21. Petitioner re-alleges and incorporates by reference paragraphs 1 through
20 above.
22. Petitioner’s continued detention by Respondents is unlawful and
contravenes 8 U.S.C. § 1231(a)(6) as interpreted by the Supreme Court in Zadvydas.
The six-month presumptively reasonable period for removal efforts has expired.
Petitioner still has not been removed, and Petitioner continues to languish in
detention. Petitioner’s removal to [your home country] or any other country is not
significantly likely to occur in the reasonably foreseeable future. The Supreme
Court held in Zadvydas and Martinez that ICE’s continued detention of someone
like Petitioner under such circumstances is unlawful.

50

COUNT TWO
SUBSTANTIVE DUE PROCESS VIOLATION
23. Petitioner re-alleges and incorporates by reference paragraphs 1 through
22 above.
24. Petitioner’s continued detention violates Petitioner’s right to substantive
due process through a deprivation of the core liberty interest in freedom from bodily
restraint.
25. The Due Process Clause of the Fifth Amendment requires that the
deprivation of Petitioner’s liberty be narrowly tailored to serve a compelling
government interest. While Respondents would have an interest in detaining
Petitioner in order to effectuate removal, that interest does not justify the indefinite
detention of Petitioner, who is not significantly likely to be removed in the
reasonably foreseeable future. Zadvydas recognized that ICE may continue to
detain aliens only for a period reasonably necessary to secure the alien’s removal.
The presumptively reasonable period during which ICE may detain an alien is only
six months. Petitioner has already been detained in excess of six months and
Petitioner’s removal is not significantly likely to occur in the reasonably foreseeable
future.

51

COUNT THREE
PROCEDURAL DUE PROCESS VIOLATION
26. Petitioner re-alleges and incorporates by reference paragraphs 1 through
25 above.
27. Under the Due Process Clause of the Fifth Amendment, an alien is
entitled to a timely and meaningful opportunity to demonstrate that s/he should not
be detained. Petitioner in this case has been denied that opportunity. ICE does not
make decisions concerning aliens’ custody status in a neutral and impartial manner.
The failure of Respondents to provide a neutral decision-maker to review the
continued custody of Petitioner violates Petitioner’s right to procedural due process.
[If you have not received a decision from HQPDU, insert: Further, Respondents
have failed to acknowledge or act upon the Petitioner’s administrative request for
release in a timely manner. There is no administrative mechanism in place for the
Petitioner to demand a decision, ensure that a decision will ever be made, or appeal
a custody decision that violates Zadvydas.]
PRAYER FOR RELIEF
WHEREFORE, Petitioner prays that this Court grant the following relief:
1) Assume jurisdiction over this matter;
2) Grant Petitioner a writ of habeas corpus directing the Respondents to
immediately release Petitioner from custody;
3) Enter preliminary and permanent injunctive relief enjoining Respondents
from further unlawful detention of Petitioner;
52

4) Award Petitioner attorney's fees and costs under the Equal Access to Justice
Act ("EAJA"), as amended, 5 U.S.C. § 504 and 28 U.S.C. § 2412, and on any
other basis justified under law; and
5) Grant any other and further relief that this Court deems just and proper.
I affirm, under penalty of perjury, that the foregoing is true and correct.
[Your signature]
Petitioner

[Today’s date]
Date executed

[Print your name and A-Number]
[Your mailing address]

53

UNITED STATES DISTRICT COURT
FOR THE ____________________________________
_____________________________________,

Civil Action No. _________________

Petitioner,
v.
___________________________, ATTORNEY
GENERAL;
______________________________,
SECRETARY OF THE DEPARTMENT
OF HOMELAND SECURITY;
______________________________,
U.S. ICE FIELD OFFICE DIRECTOR FOR
THE _____________________ FIELD OFFICE;
and WARDEN OF IMMIGRATION
DETENTION FACILITY,
Respondents.
PETITION FOR A WRIT OF HABEAS CORPUS
PURSUANT TO 28 U.S.C. § 2241
Petitioner, ___________________________, hereby petitions this Court for a
writ of habeas corpus to remedy Petitioner’s unlawful detention by Respondents. In
support of this petition and complaint for injunctive relief, Petitioner alleges as
follows:
CUSTODY
1. Petitioner is in the physical custody of Respondents and U.S. Immigration
and Customs Enforcement (“ICE”). Petitioner is detained at the

1

_________________________________________________________________________ in
____________________________________________________________________________.
____________________________________________________________________________.
Petitioner is under the direct control of Respondents and their agents.
JURISDICTION
2. This action arises under the Constitution of the United States, and the
Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., as amended by
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(“IIRIRA”), Pub. L. No. 104 - 208, 110 Stat. 1570, and the Administrative Procedure
Act (“APA”), 5 U.S.C. § 701 et seq.
3. This Court has jurisdiction under 28 U.S.C. § 2241; art. I § 9, cl. 2 of the
United States Constitution (“Suspension Clause”); and 28 U.S.C. § 1331, as
Petitioner is presently in custody under color of the authority of the United States,
and such custody is in violation of the Constitution, laws, or treaties of the United
States. This Court may grant relief pursuant to 28 U.S.C. § 2241, 5 U.S.C. § 702,
and the All Writs Act, 28 U.S.C. § 1651.
4. Petitioner has exhausted any and all administrative remedies to the
extent required by law.
VENUE
5. Pursuant to Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S.
484, 493 - 500 (1973), venue lies in the United States District Court for the

2

_____________________________________, the judicial district in which Petitioner
resides.
PARTIES
6. Petitioner is a native and citizen of ___________________. Petitioner was
first taken into ICE custody on ___________________, and has remained in ICE
custody continuously since that date. Petitioner was ordered removed on
___________________. ______________________________________________________
___________________________________________________________________________.
7. Respondent __________________________ is the Attorney General of the
United States and is responsible for the administration of ICE and the
implementation and enforcement of the Immigration & Naturalization Act (INA).
As such, _______________ has ultimate custodial authority over Petitioner.
8. Respondent __________________________ is the Secretary of the
Department of Homeland Security. He is responsible for the administration of ICE
and the implementation and enforcement of the INA. As such, ______________ is
the legal custodian of Petitioner.
9. Respondent __________________________ is the Field Office Director of the
______________________ Field Office of ICE and is Petitioner’s immediate custodian.
See Vásquez v. Reno, 233 F.3d 688, 690 (1st Cir. 2000), cert. denied, 122 S. Ct. 43
(2001).

3

10.

Respondent Warden of __________________________________, where

Petitioner is currently detained under the authority of ICE, alternatively may be
considered to be Petitioner’s immediate custodian.
FACTUAL ALLEGATIONS
11. Petitioner, _______________________, is a native and citizen of
____________________. Petitioner has been in ICE custody since __________________.
An Immigration Judge ordered the Petitioner removed on ________________________
_____________________________________________________________________________.
12. ____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________.
13. ____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________.
14. ____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

4

______________________________________________________________________________
______________________________________________________________________________.
15. To date, however, ICE has been unable to remove Petitioner to
______________________ or any other country. __________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________.
16. Petitioner has cooperated fully with all efforts by ICE to remove him
from the United States. __________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
17. Petitioner’s custody status was first reviewed on ______________________.
On _________________________, Petitioner was served with a written decision
ordering his/her continued detention.

5

18. On ________________________, Petitioner was served with a notice
transferring authority over his/her custody status to ICE Headquarters Post-Order
Detention Unit (“HQPDU”). ____________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
LEGAL FRAMEWORK FOR RELIEF SOUGHT
19. In Zadvydas v. Davis, 533 U.S. 678 (2001), the Supreme Court held that
six months is the presumptively reasonable period during which ICE may detain
aliens in order to effectuate their removal. Id. at 702. In Clark v. Martinez, 543
U.S. 371 (2005), the Supreme Court held that its ruling in Zadvydas applies equally
to inadmissible aliens. Department of Homeland Security administrative
regulations also recognize that the HQPDU has a six-month period for determining
whether there is a significant likelihood of an alien’s removal in the reasonably
foreseeable future. 8 C.F.R. § 241.13(b)(2)(ii).
20. Petitioner was ordered removed on __________________, and the removal
order became final on ___________________. Therefore, the six-month presumptively
reasonable removal period for Petitioner ended on _______________________.

6

CLAIMS FOR RELIEF
COUNT ONE
STATUTORY VIOLATION
21. Petitioner re-alleges and incorporates by reference paragraphs 1 through
20 above.
22. Petitioner’s continued detention by Respondents is unlawful and
contravenes 8 U.S.C. § 1231(a)(6) as interpreted by the Supreme Court in Zadvydas.
The six-month presumptively reasonable period for removal efforts has expired.
Petitioner still has not been removed, and Petitioner continues to languish in
detention. Petitioner’s removal to _________________________ or any other country
is not significantly likely to occur in the reasonably foreseeable future. The
Supreme Court held in Zadvydas and Martinez that ICE’s continued detention of
someone like Petitioner under such circumstances is unlawful.
COUNT TWO
SUBSTANTIVE DUE PROCESS VIOLATION
23. Petitioner re-alleges and incorporates by reference paragraphs 1 through
22 above.
24. Petitioner’s continued detention violates Petitioner’s right to substantive
due process through a deprivation of the core liberty interest in freedom from bodily
restraint.
25. The Due Process Clause of the Fifth Amendment requires that the
deprivation of Petitioner’s liberty be narrowly tailored to serve a compelling
7

government interest. While Respondents would have an interest in detaining
Petitioner in order to effectuate removal, that interest does not justify the indefinite
detention of Petitioner, who is not significantly likely to be removed in the
reasonably foreseeable future. Zadvydas recognized that ICE may continue to
detain aliens only for a period reasonably necessary to secure the alien’s removal.
The presumptively reasonable period during which ICE may detain an alien is only
six months. Petitioner has already been detained in excess of six months and
Petitioner’s removal is not significantly likely to occur in the reasonably foreseeable
future.
COUNT THREE
PROCEDURAL DUE PROCESS VIOLATION
26. Petitioner re-alleges and incorporates by reference paragraphs 1 through
25 above.
27. Under the Due Process Clause of the Fifth Amendment, an alien is
entitled to a timely and meaningful opportunity to demonstrate that s/he should not
be detained. Petitioner in this case has been denied that opportunity. ICE does not
make decisions concerning aliens’ custody status in a neutral and impartial manner.
The failure of Respondents to provide a neutral decision-maker to review the
continued custody of Petitioner violates Petitioner’s right to procedural due process.
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
8

____________________________________________________________________________.
PRAYER FOR RELIEF
WHEREFORE, Petitioner prays that this Court grant the following relief:
1) Assume jurisdiction over this matter;
2) Grant Petitioner a writ of habeas corpus directing the Respondents to
immediately release Petitioner from custody;
3) Enter preliminary and permanent injunctive relief enjoining Respondents
from further unlawful detention of Petitioner;
4) Award Petitioner attorney's fees and costs under the Equal Access to Justice
Act ("EAJA"), as amended, 5 U.S.C. § 504 and 28 U.S.C. § 2412, and on any
other basis justified under law; and
5) Grant any other and further relief that this Court deems just and proper.

9

I affirm, under penalty of perjury, that the foregoing is true and correct.

______________________
Petitioner

______________________
Date executed

____________________________
____________________________
____________________________
____________________________

10

Form 4: Motion for Appointment of Counsel
Instructions
We have included in this manual a sample motion for the appointment of counsel.
Follow these Instructions to complete this motion. Remember that the motion for
appointment of counsel must be filed together with your habeas petition.
Along the left side of every page on the sample motion are the numbers 1-28. These
numbers correspond roughly to the lines of text on the page. Instructions are
written using these numbers. Read Instructions below on how to fill in each blank
and complete the motion.
Page 1
• Lines 1-5:
¾ Write your name on line 1
¾ Write you’re A-Number on line 2.
¾ Write your address on lines 3-5.
ƒ E.g.:
John Smith
A-12-345-678
ICE Detention Facility
123 Main Street
City, State 12345
• Line 9:
¾ In the blank under the words “United States District Court,” write the name
of the court where you are filing your petition.
ƒ For example: Northern District of California, OR Eastern District of
Louisiana, etc.
• Line 10:
¾ Write your name in the blank on the left side.
• Line 11:
¾ Next to the “A” on the left side, write your A-Number.
• Line 15:
¾ Write the name of the United States Attorney General. Currently, the
Attorney General is Alberto Gonzales.
• Line 16:
¾ Write the name of the Secretary of the Department of Homeland Security.
Currently, the DHS Secretary is Michael Chertoff.
• Line 18:
¾ Write the name of the Field Office Director for the district where you are in
custody.

54

•
•
•

Line 19:
¾ Write the name of the Field Office for the district where you are in custody.
Line 24:
¾ Write the name of your home country (the country where you are a citizen).
Line 25:
¾ Write the name of the country to which you have been ordered removed.

Page 2
• Line 1:
¾ Again, write the name of the country to which you have been ordered
removed.
• Lines 18-20:
¾ In this space, you should explain that you do not have enough money to pay
for a lawyer.
ƒ If you are applying to proceed in forma pauperis, that is, you are unable to
pay the court fee, write:
• “The affidavit accompanying Petitioner’s request to proceed in forma
pauperis demonstrates that Petitioner cannot afford to hire counsel.”
ƒ If you are not applying to proceed in forma pauperis, but you still cannot
afford to pay for your own lawyer, explain your financial situation. Here
are some examples of things you can say, as long as they are true:
• You have no income or other assets.
• You have very little income or assets, and not enough to pay for a
lawyer.
♦ Write down how much it is and where it comes from.
• You have no property.
• You have very little money in your prisoner account.
♦ Write down how much you have.
ƒ Examples:
• “Petitioner has no income and only $100 in his/her prisoner account.”
• “Petitioner has only $50 in his/her prisoner account, and he/she
receives $10 a month from his mother.”
ƒ Remember that you must be truthful about anything you write in
any motion or other statement or document.
Page 3
• Line 5:
¾ Write the amount of time you have been in custody since the date of your
final removal order.
ƒ Remember, you must have been in custody for at least 6 months
since your final removal order in order to have a chance at
getting your habeas petition granted by the court!
• Lines 6 and 7:
55

•

¾ Write the name of the country to which you have been ordered removed.
Lines 17-19:
¾ In this space, write down the reasons why you will not be able to understand
the laws involved in your case.
ƒ Things you might want to mention:
• Immigration law, and the issues involved here, are complex and that
you are unable to adequately represent yourself. Your fundamental
right to freedom is at stake here, and it would be very difficult for you
to present your case, and respond to any defenses raised by ICE,
without the assistance of counsel.
• You have very little education.
• You do not understand English very well.
• You do not know anything about the American legal system.
ƒ Examples:
• “Petitioner is a lay person without special education in the law. The
issues presented in my case are complex, and my fundamental right to
freedom is at stake. It would be difficult for me to respond to any
defenses raised by ICE without the assistance of counsel.”
• “Petitioner has only had a few years of schooling and does not speak
English very well.”
• “Petitioner has a very limited knowledge of English.”
• “Petitioner has no knowledge of the American legal system and cannot
understand the issues in this case.”
ƒ Remember to be truthful! Don’t say that you do not know English
if you actually understand it very well.

Page 4
• Line 23:
¾ In the blank on the left, write the date that you are filling out the form.
¾ In the blank on the right, write your full name clearly. In the space above
where you have written your name, sign your name.
Following the Motion for Appointment of Counsel is a Proposed Order.
Proposed Order: Fill in the information in the top part of the motion just as
you did in the motion for appointment of counsel. Also write your name in the first
paragraph where there is a blank line. That is all you need to write on the Order.
Submit the Proposed Order together with the Motion for Appointment of Counsel.

56

1

_______________________________

2

_______________________________

3

_______________________________

4
5

_______________________________
_______________________________

6
7
8

UNITED STATES DISTRICT COURT

9

_______________________________________

10
11

_______________________________,
[A____________________],

12

Petitioner,

13
14
15
16
17
18
19
20
21
22

v.
_______________________________,
ATTORNEY GENERAL;
_______________________________,
SECRETARY OF DEPARTMENT
OF HOMELAND SECURITY;
_______________________________, U.S.
ICE FIELD OFFICE DIRECTOR FOR
THE _____________________ FIELD
OFFICE, and WARDEN OF
IMMIGRATION DETENTION
FACILITY,

Civil Action No.

MOTION FOR APPOINTMENT
OF COUNSEL PURSUANT TO
18 U.S.C. § 3006A

Respondents.

23
24

Petitioner is a citizen of ____________________. Petitioner is in ICE custody in the

25

United States, but has been ordered removed to ____________________ by an immigration

26

judge. Petitioner’s removal order is final, but Petitioner cannot be removed to

27
28

1

___________________, or any other country. Thus, Petitioner remains indefinitely detained

2

in ICE custody, and has been confined for a period far longer than the law mandates.

3

Under 8 U.S.C. § 1231(a)(1)–(2), once an alien has been ordered removed, the Attorney

4

General must carry out the removal within a period of 90 days, during which time the alien

5

shall be detained. The post-removal-period provision of the same statute, 8 U.S.C.

6

§ 1231(a)(6), allows for certain aliens to be detained beyond the removal period, but the

7

Supreme Court explicitly limited this detention period in Zadvydas v. Davis, 533 U.S. 678

8

(2001). In that case, the Court held that § 1231(a)(6) restricts an alien’s post-removal-

9

period detention to a period reasonably necessary to bring about that alien’s removal, and

10

that it “does not permit indefinite detention.” Zadvydas, 533 U.S. at 689. The Court found

11

that a presumption exists that an alien may not be held longer than six months; the general

12

rule is that an alien may no longer be confined when there is “no significant likelihood of

13

removal in the reasonably foreseeable future.” Id. at 701. In Clark v. Martinez, the

14

Supreme Court extended this holding to inadmissible aliens. 125 S. Ct. 716, 722 (2005).

15

The question as to whether Petitioner’s detention is in violation of the laws of the

16

United States is one for a federal habeas court to hear. 28 U.S.C. § 2241. Accordingly,

17

Petitioner files the accompanying habeas corpus petition, pursuant to 28 U.S.C. § 2241,

18

requesting that this Court order Petitioner’s release. ___________________________________

19

_____________________________________________________________________________________

20

_____________________________________________________________________________________

21

Therefore, Petitioner requests that this Court appoint counsel to represent Petitioner in

22

this habeas action.

23
24

I.

The Court Should Exercise Its Discretion to Appoint Counsel

25

Assuming that a Petitioner has shown financial need, a district court may appoint

26

counsel in a habeas proceeding under 28 U.S.C. § 2241 when the “interests of justice so

27

require.” 18 U.S.C. § 3006A(a)(2)(B). Courts have often examined three elements in
2

28

determining whether appointment of counsel is necessary: the likelihood of success on
1

the merits, the complexity of the legal issues involved in the case, and the ability of the

2

Petitioner to present the case in light of its complexity. See, e.g., Weygandt v. Look, 718

3

F.2d 952, 954 (9th Cir. 1983); Saldina v. Thornburgh, 775 F.Supp. 507, 511 (D. Conn.

4

1991). Petitioner has been held in custody for __________________ since being ordered

5

removed to _______________________, and removal in the reasonable foreseeable future

6

is unlikely because ____________________ will not accept Petitioner. Under the Supreme

7

Court’s decision in Zadvydas, Petitioner’s continued detention is presumptively

8

unreasonable. Thus, Petitioner has a high likelihood of success on the merits.

9

Moreover, Petitioner would encounter great difficulty in presenting this habeas

10

corpus case alone. The House Report on the predecessor to § 3006A(a)(2)(B) recognized

11

that habeas corpus proceedings often present “serious and complex issues of law and

12

fact” that would necessitate the assistance of counsel. H.R. Rep. No. 1546, 91st Cong. 2d

13

Sess. (1970), reprinted in 1970 U.S.C.C.A.N. 3982, 3993. In addition, the congressional

14

report on § 3006A(2)(B) stated that a court should appoint counsel when “necessary to

15

insure a fair hearing.” Id. The complexity of a habeas case will pose an especially great

16

obstacle for Petitioner. ___________________________________________________________

17

_________________________________________________________________________________

18

_________________________________________________________________________________.

19

In light of the complicated issues involved in habeas cases and Petitioner’s inability to

20

adequately present the case at bar, as well as Petitioner’s likelihood of success on the

21

merits, this Court should exercise its discretion to appoint counsel under 18 U.S.C.

22

3006A(a)(2)(B).

23
24
25
26
27
28

3

II.

Appointment Of Counsel Is Necessary Because Discovery Is
Imperative

1

The rules governing habeas proceedings require the appointment of counsel in

2

certain circumstances.36 Under Rule 6(a), 28 U.S.C. foll. § 2254, a judge must appoint

3

counsel for a Petitioner if it is “necessary for effective utilization of discovery procedures.”

4

ICE has information and documents relevant to Petitioner’s habeas petition, and without

5

the assistance of counsel, Petitioner will not be able to effectively pursue discovery and, as a

6

result, will not adequately present his claims. The aid of an attorney is especially

7

important in this case, given Petitioner’s lack of familiarity with the legal procedure

8

involved in requesting and obtaining discovery. Moreover, even if Petitioner were to obtain

9

documents in discovery, without the assistance of counsel, Petitioner would not be capable

10

of analyzing them to determine his likelihood of being removed in the foreseeable future.

11

III. An Evidentiary or Motions Hearing May Be Necessary

12

Under Rule 8(c), 28 U.S.C. foll. § 2254, the court is required to appoint counsel in a

13
14

habeas proceeding if an evidentiary hearing is needed. An evidentiary hearing will likely

15

be necessary in this case. Regardless of any other issues, if an evidentiary hearing is

16

scheduled, the court must appoint counsel for Petitioner.

17

For the above reasons, this Court should appoint counsel to assist Petitioner in

18
19

instant habeas proceedings challenging Petitioner’s detention by ICE, pursuant to the

20

Supreme Court decisions in Zadvydas and Martinez.

21
22

Respectfully submitted,
Dated: ____________

__________________________________
Petitioner

23
24
25
26
27
28

The rules cited in sections II and III typically govern those habeas corpus cases brought
under § 2254. However, these rules may be applied to habeas cases that do not fall under §
2254 – such as those cases arising under § 2241 – at the discretion of the court. Rule 1(b),
28 U.S.C. foll. § 2254.

36

4

1

UNITED STATES DISTRICT COURT

2
3
4
5

_______________________________,
[A____________________],

6

Petitioner,

7

14

v.
_______________________________,
ATTORNEY GENERAL;
_______________________________,
SECRETARY OF DEPARTMENT
OF HOMELAND SECURITY;
_____________________________, U.S.
ICE FIELD OFFICE DIRECTOR FOR
THE _____________________ FIELD
OFFICE; and WARDEN OF
IMMIGRATION DETENTION
FACILITY,

15

Respondents.

8
9
10
11
12
13

Civil Action No.

16
17

ORDER

18
19
20
21
22
23

Upon consideration of Petitioner ____________________________’s Petition for a Writ
of Habeas Corpus and Motion for Appointment of Counsel, it is hereby
ORDERED that Petitioner’s Motion for Appointment of Counsel is
hereby GRANTED.
Done and dated this __________ day of ________________, 200__.

24
25
26
27
28

BY THE COURT:
United States District Judge

Form 5: Motion to Proceed In Forma Pauperis, Prison Certificate, Trust
Account Withdrawal Authorization
If you do not have enough money to pay the filing fee, you may file a
motion to proceed in forma pauperis. The forms we have provided are merely to
give you an idea of what the forms look like. Most courts have specific forms of
their own that you must use if you want to proceed in forma pauperis. You should,
therefore, contact the court where you are going to file your habeas petition to
request an in forma pauperis form (see Appendix B for court contact information).
If for some reason you are unable to obtain these forms from the court, however, you
can use the attached forms.

57

UNITED STATES DISTRICT COURT
FOR THE _____________
DISTRICT OF __________________
__________________
Plaintiff
v.

Case No. ___________________
(to be filled in by Clerk)

___________________
Defendant

MOTION AND DECLARATION UNDER
PENALTY OF PERJURY IN SUPPORT
OF MOTION TO PROCEED IN FORMA
PAUPERIS

I, _________________________________, declare, depose, and say that I am the
Petitioner in this case. In support of my motion to proceed without being required
to prepay fees, costs or give security under 28 U.S.C. § 1915, I state that because of
my poverty I am unable to pay the costs of said proceeding or to give security
therefore. I believe I am entitled to redress.
I declare that the responses that I have made below are true.
1. If you are presently employed, state the amount of your salary wage per month,
and give the name and address of your last employer.
_____________________________________________________________________________
2. If you are NOT PRESENTLY EMPLOYED, state the date of last employment
and amount of the salary per month which you received and how long the
employment lasted.
_____________________________________________________________________________
3. Have you received, within the past twelve months, any money from any of the
following sources?
a.
b.
c.
d.
e.
f.

Business, profession or form of self-employment?
Rent payments, interest or dividends?
Pensions, annuities or life insurance payments?
Gifts or inheritances?
Family or friends?
Any other sources?
58

Yes
Yes
Yes
Yes
Yes
Yes

No
No
No
No
No
No

If you answered yes to any of the questions above, describe each source of money
and the amount received from each during the past 12 months.
______________________________________________________________________________
______________________________________________________________________________
4. Do you own any cash, or do you have money in a checking or savings account,
including any funds in prison accounts?
Yes
No
If the answer is yes, state the total value owned. ________________________________
5. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable
property (including ordinary household furnishings and clothing)? Yes
No
If the answer is yes, describe the property and state its approximate value. _______
_____________________________________________________________________________
6. List the person(s) who are dependent upon you for support, state your
relationship to those person(s), and indicate how much you contribute toward their
support at the present time.
_____________________________________________________________________________
7. List any other debts (current obligations, indicating amounts owed and to whom
they are payable).
______________________________________________________________________________
8. State any special financial circumstances that the court should consider in this
application.
______________________________________________________________________________
I understand that a false statement or answer to any questions in this declaration
will subject me to the penalties for perjury.
I declare under penalty of perjury that the foregoing is true and correct.
Signed this ________ day of __________________, __________.
day

month

year

______________________________
Signature
ATTACH PRISON CERTIFICATE AND TRUST ACCOUNT WITHDRAWAL
AUTHORIZATION TO THE MOTION

59

PRISON CERTIFICATE
(To be completed by an officer of institution of incarceration.)
I certify that the applicant ____________________________________________________________
(Name of Detainee)
______________________________ has the sum of $ _____________________ on account to
(Detainee’s A Number)
his/her credit at ____________________________________________. I further certify that the
(Name of institution)
applicant has the following securities __________________________________________________

to his/her credit according to the records of the aforementioned institution. I further certify

that during the past six months the applicant’s average monthly balance was

$ ___________________ and the average monthly deposits to the applicant’s account was

$ ___________________.

___________________________
Date

__________________________________________
Signature of Authorized Officer of institution
___________________________________________
Officer’s Full Name (Printed)
___________________________________________
Officer’s Title / Rank

60

TRUST ACCOUNT WITHDRAWAL AUTHORIZATION
(This form MUST be completed by the detainee to proceed in forma pauperis.)

I, ________________________________, request and authorize the agency holding me
Name and A number

in custody to prepare for the Clerk of the United States District Court for the
_______________ District of __________________________, a certified copy of the
statement for the past six months of my trust fund account (or institutional
equivalent) activity at institution where I am incarcerated.
I further request and authorize the agency holding me in custody to calculate and
disburse funds from my trust fund account (or institutional equivalent) pursuant to
any future orders issued by the Court relating to this civil action pursuant to the
Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, Title VIII, §§ 801-10, 110
Stat. 1321 (1996).
This authorization is furnished in connection with a civil action filed in the _______
District of _____________________, and I understand that, pursuant to 28 U.S.C.
§§ 1914 and 1915(b)(1), the total amount of filing fees for which I am obligated is
$___. I also understand that this fee will be debited from my account regardless of
the outcome of this action. This authorization shall apply to any other agency into
whose custody I may be transferred.

___________________
Date

____________________________________
Signature of Prisoner

61

Form 6: Petition for Writ of Habeas Corpus for Mariel Cubans
UNITED STATES DISTRICT COURT
FOR THE [name of district where you will file this petition. For example, Eastern
District Of Louisiana; District Of Columbia, etc…]
Civil Action No. [leave blank]

[Print your full name and A-Number],
Petitioner,
v.
[write name of attorney general],
ATTORNEY GENERAL;
[write name of DHS Secretary],
SECRETARY OF THE DEPARTMENT
OF HOMELAND SECURITY;
[write name of the Field Office Director for
The district where you are in custody], U.S.
ICE FIELD OFFICE DIRECTOR FOR THE
[name of district where you are in custody]
FIELD OFFICE; and WARDEN OF
IMMIGRATION DETENTION FACILITY,
Respondents.

PETITION FOR A WRIT OF HABEAS CORPUS
PURSUANT TO 28 U.S.C. § 2241
Petitioner, [your full name], hereby petitions this Court for a writ of habeas
corpus to remedy Petitioner’s unlawful detention by Respondents. In support of this
petition and complaint for injunctive relief, Petitioner alleges as follows:

62

CUSTODY
1. Petitioner is in the physical custody of Respondents and U.S. Immigration
and Customs Enforcement (“ICE”). Petitioner is detained at the [name of your
detention center] in [city and state where you are being held; for example, New
Orleans, Louisiana]. [If you are detained in a state, county, or private facility, you
should also write: “ICE has contracted with {insert the name of your detention
center} to house immigration detainees such as Petitioner.”] Petitioner is under the
direct control of Respondents and their agents.
JURISDICTION
2. This action arises under the Constitution of the United States, and the
Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., as amended by
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(“IIRIRA”), Pub. L. No. 104 - 208, 110 Stat. 1570, and the Administrative Procedure
Act (“APA”), 5 U.S.C. § 701 et seq.
3. This Court has jurisdiction under 28 U.S.C. § 2241; art. I § 9, cl. 2 of the
United States Constitution (“Suspension Clause”); and 28 U.S.C. § 1331, as
Petitioner is presently in custody under color of the authority of the United States,
and such custody is in violation of the Constitution, laws, or treaties of the United
States. This Court may grant relief pursuant to 28 U.S.C. § 2241, 5 U.S.C. § 702,
and the All Writs Act, 28 U.S.C. § 1651.
4. Petitioner has exhausted any and all administrative remedies to the
extent required by law.
63

VENUE
5. Pursuant to Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S.
484, 493–500 (1973), venue lies in the United States District Court for the [name of
district where you are filing petition, for example, Eastern District of Louisiana],
the judicial district in which Petitioner resides.
PARTIES
6. Petitioner is a native and citizen of Cuba. Petitioner was first taken into
ICE custody on [date], and has remained in ICE custody continuously since that
date. Petitioner was ordered removed on [date]. [State when your order of
deportation became final. For example, “Petitioner waived his appeal from the
order of deportation, thereby making it final on that same date.” OR “Petitioner did
not appeal his order of deportation; thereby making it final 30 days from the date
Petitioner was ordered removed.” OR “BIA dismissed the appeal.”]
7. Respondent [Alberto Gonzales or present Attorney General] is the
Attorney General of the United States and is responsible for the administration of
ICE and the implementation and enforcement of the Immigration & Naturalization
Act (INA). As such, [Mr. Gonzales or present Attorney General] has ultimate
custodial authority over Petitioner.
8. Respondent [Michael Chertoff or present DHS Secretary] is the Secretary
of the Department of Homeland Security. He is responsible for the administration
of ICE and the implementation and enforcement of the INA. As such, [Mr. Chertoff
or present DHS Secretary] is the legal custodian of Petitioner.
64

9. Respondent [name of ICE field office director] is the Field Office Director
of the [name of field office] Field Office of ICE and is Petitioner’s immediate
custodian. See Vásquez v. Reno, 233 F.3d 688, 690 (1st Cir. 2000), cert. denied, 122
S. Ct. 43 (2001).
10.

Respondent Warden of [name of facility where you are in detention],

where Petitioner is currently detained under the authority of ICE, alternatively
may be considered to be Petitioner’s immediate custodian.
FACTUAL ALLEGATIONS
11. Petitioner, [your name], is a native and citizen of Cuba. Petitioner has
been in ICE custody since [date]. An Immigration Judge ordered the Petitioner
removed on [date you were ordered removed. If you appealed to the Board of
Immigration Appeals (BIA), also write the date of the BIA’s decision in your case].
12. Petitioner first arrived in the United States in 1980 as part of the Mariel
boatlift. Petitioner previously resided in Cuba.
13. [Provide a brief summary of your criminal history].
14. [Explain the details of your parole, and when ICE most recently took you
into custody. For example, you were paroled from 1980 to 1995 and ICE picked you
up from prison in 1998 after you finished your criminal sentence, or they arrested
you at a meeting with your probation officer].
15. To date, however, ICE has been unable to remove the Petitioner to Cuba.
It is Petitioner’s understanding that Cuba will deny any and all requests for travel
documents as there are currently no formal diplomatic relations between Cuba and
65

the United States, nor is there any formal or informal agreement between the two
countries regarding repatriation.
16. Petitioner has cooperated fully with all efforts by ICE to remove him
from the United States. [Explain what you have done to help ICE apply for your
travel documents. For example, explain whether you have signed a travel
document application or other papers, admitted your Cuban citizenship, provided
your Deportation Officer with information about when and where you were born, or
provided ICE with photographs, fingerprints, or identity documents.]
17. Petitioner’s most recent custody review under the Cuban Review Plan,
8 C.F.R. § 212.12, took place on [date of your most recent custody review]. On [date
you received written decision], Petitioner was served with a written decision by ICE
to continue Petitioner’s indefinite detention.
18. On [dates of other custody reviews], the Petitioner’s custody status was
reviewed under the Cuban Review Plan. After each review, Petitioner was informed
that ICE would continue detention.
19. In Zadvydas v. Davis, 533 U.S. 678 (2001), the Supreme Court held that
six months is the presumptively reasonable period during which ICE may detain
aliens in order to effectuate their removal. Id. at 702. This was found to apply to
inadmissible aliens, including Mariel Cubans, in Clark v. Martinez, 125 S. Ct. 716,
727 (2005).
20. Petitioner was ordered removed on [date you were ordered removed], and
the removal order became final on [date your removal order became final].
66

Therefore, the six-month presumptively reasonable removal period for Petitioner
ended on [six months after the date your removal order became final].
CLAIMS FOR RELIEF
COUNT ONE
STATUTORY VIOLATION
21. Petitioner re-alleges and incorporates by reference paragraphs 1 through
20 above.
22. Petitioner’s continued detention by the Respondents violates 8 U.S.C.
§ 1231(a)(6), as interpreted in Zadvydas. Petitioner’s ninety-day statutory removal
period and six-month presumptively reasonable period for continued removal efforts
both have passed. Respondents are unable to remove Petitioner to Cuba because
there is no repatriation agreement between the United States and Cuba, and Cuba
will not accept its citizens who have been ordered removed from the United States.
In Martinez, the Supreme Court held that the continued indefinite detention of
someone like Petitioner under such circumstances is unreasonable and not
authorized by 8 U.S.C. § 1231(a)(6).
COUNT TWO
SUBSTANTIVE DUE PROCESS VIOLATION
23. Petitioner re-alleges and incorporates by reference paragraphs 1 through
22 above.
24. There is no significant likelihood that Petitioner will be removed in the
reasonably foreseeable future.
67

25. The Petitioner’s continued detention violates his right to substantive due
process by depriving him of his core liberty interest to be free from bodily restraint.
The Due Process Clause of the Fifth Amendment requires that the deprivation of
the Petitioner’s liberty be narrowly tailored to serve a compelling government
interest. While Respondents might have a compelling government interest in
assuring Petitioner’s presence at the time of deportation, that interest does not
justify Petitioner’s indefinite detention where he is unlikely to be deported.
Because the Petitioner is not likely to be removed to Cuba, his continued indefinite
detention violates substantive due process.
COUNT THREE
PROCEDURAL DUE PROCESS VIOLATION
26. Petitioner re-alleges and incorporates by reference paragraphs 1 through
25 above.
27. Under the Due Process Clause of the Fifth Amendment, an alien is
entitled to a timely and meaningful opportunity to demonstrate that he should not
be detained. Petitioner in this case has been denied that opportunity. There is no
administrative mechanism in place for the Petitioner to obtain a decision from a
neutral arbiter or appeal a custody decision that violates Martinez. See generally
8 C.F.R. § 212.12. The custody review procedures for Cubans are constitutionally
insufficient both as written and as applied. A number of courts have identified a
substantial bias within ICE toward the continued detention of aliens, raising the
risk of an erroneous deprivation to unconstitutionally high levels. See, e.g., Phan v.
68

Reno, 56 F. Supp.2d 1149, 1157 (W.D. Wash. 1999) (“INS does not meaningfully and
impartially review the Petitioners’ custody status.”); St. John v. McElroy, 917 F.
Supp. 243, 251 (S.D.N.Y. 1996) (“Due to political and community pressure, INS, an
executive agency, has every incentive to continue to detain aliens with aggravated
felony convictions, even though they have served their sentences, on the suspicion
that they may continue to pose a danger to the community.”); see also Rivera v.
Demore, No. C 99-3042 TEH, 1999 WL 521177, *7 (N.D. Cal. Jul. 13, 1999)
(procedural due process requires that alien release determination be made by
impartial adjudicator due to agency bias).
PRAYER FOR RELIEF
WHEREFORE, Petitioner prays that this Court grant the following relief:
1) Assume jurisdiction over this matter;
2) Grant Petitioner a writ of habeas corpus directing the Respondents to
immediately release Petitioner from custody;
3) Enter preliminary and permanent injunctive relief enjoining Respondents
from further unlawful detention of Petitioner;
4) Award Petitioner attorney's fees and costs under the Equal Access to Justice
Act ("EAJA"), as amended, 5 U.S.C. § 504 and 28 U.S.C. § 2412, and on any
other basis justified under law; and
5) Grant any other and further relief that this Court deems just and proper.

I affirm, under penalty of perjury, that the foregoing is true and correct.
69

[Your signature]
Petitioner

[Today’s date]
Date executed

[Print your name and A-Number]
[Your mailing address]

70

UNITED STATES DISTRICT COURT
FOR THE ____________________________________

Civil Action No. _________________

_____________________________________,
Petitioner,
v.
___________________________, ATTORNEY
GENERAL;
______________________________,
SECRETARY OF DEPARTMENT OF
HOMELAND SECURITY;
______________________________, U.S. ICE
FIELD OFFICE DIRECTOR FOR THE
______________________ FIELD OFFICE;
AND WARDEN OF IMMIGRATION
DETENTION FACILITY,
Respondents.

PETITION FOR A WRIT OF HABEAS CORPUS
PURSUANT TO 28 U.S.C. § 2241
Petitioner, _________________________, hereby petitions this Court for a writ
of habeas corpus to remedy Petitioner’s unlawful detention by Respondents. In
support of this petition and complaint for injunctive relief, Petitioner alleges as
follows:

1

CUSTODY
1. Petitioner is in the physical custody of Respondents and U.S. Immigration
and Customs Enforcement (“ICE”). Petitioner is detained at the
_____________________________________________________________________________.
_____________________________________________________________________________
______________________________________________________________________________.
Petitioner is under the direct control of Respondents and their agents.
JURISDICTION
2. This action arises under the Constitution of the United States, and the
Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., as amended by
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(“IIRIRA”), Pub. L. No. 104 - 208, 110 Stat. 1570, and the Administrative Procedure
Act (“APA”), 5 U.S.C. § 701 et seq.
3. This Court has jurisdiction under 28 U.S.C. § 2241; art. I § 9, cl. 2 of the
United States Constitution (“Suspension Clause”); and 28 U.S.C. § 1331, as the
Petitioner is presently in custody under color of the authority of the United States,
and such custody is in violation of the Constitution, laws, or treaties of the United
States. This Court may grant relief pursuant to 28 U.S.C. § 2241, 5 U.S.C. § 702,
and the All Writs Act, 28 U.S.C. § 1651.
4. Petitioner has exhausted any and all administrative remedies to the
extent required by law.
VENUE
2

5. Pursuant to Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S.
484, 493–500 (1973), venue lies in the United States District Court for the
_____________________________________, the judicial district in which Petitioner
resides.
PARTIES
6. Petitioner is a native and citizen of Cuba. Petitioner was last taken into
ICE custody on _________________________, and has remained in ICE custody
continuously since that date. Petitioner was ordered removed on _________________.
_____________________________________________________________________________.
7. Respondent __________________________ is the Attorney General of the
United States and is responsible for the administration of ICE and the
implementation and enforcement of the Immigration & Naturalization Act (INA).
As such, _______________ has ultimate custodial authority over Petitioner.
8. Respondent __________________________ is the Secretary of the
Department of Homeland Security, is responsible for the administration of ICE and
the implementation and enforcement of the INA. As such, ______________________
is the legal custodian of Petitioner.
9. Respondent ______________________________ is the Field Office Director of
the __________________________ Field Office of ICE and is Petitioner’s immediate
custodian. See Vásquez v. Reno, 233 F.3d 688, 690 (1st Cir. 2000), cert. denied, 122
S. Ct. 43 (2001).

3

10.

Respondent Warden of ________________________________, where

Petitioner is currently detained under the authority of ICE, alternatively may be
considered to be Petitioner’s immediate custodian.
FACTUAL ALLEGATIONS
11. Petitioner, __________________________, is a native and citizen of Cuba.
Petitioner has been in ICE custody since ________________________. An
Immigration Judge ordered the Petitioner removed on __________________________
_____________________________________________________________________________.
12. Petitioner first arrived in the United States in 1980 as part of the Mariel
Boatlift. Petitioner previously resided in Cuba.
13. ____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________.
14. ____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________.
4

15. To date, however, ICE has been unable to remove Petitioner to Cuba. It
is Petitioner’s understanding that Cuba will deny any and all requests for travel
documents as there are currently no formal diplomatic relations between Cuba and
the United States, nor is there any formal or informal agreement between the two
countries regarding repatriation.
16. Petitioner has cooperated fully with all efforts by ICE to remove him
from the United States. __________________________________________________
_____________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________.
17. Petitioner’s most recent custody review under the Cuban Review Plan, 8
C.F.R. § 212.12, took place on _________________________. On _____________,
Petitioner was served with a written decision by ICE to continue Petitioner’s
indefinite detention.
18. Also, on ____________________________________________________________,
the Petitioner’s custody status was reviewed under the Cuban Review Plan, 8 C.F.R.
§ 212.12. After each review, Petitioner was informed that ICE would continue
detention.
19. In Zadvydas v. Davis, 533 U.S. 678 (2001), the Supreme Court held that
six months is the presumptively reasonable period during which ICE may detain
aliens in order to effectuate their removal. Id. at 702. This was found to apply to
5

inadmissible aliens, including Mariel Cubans in Clark v. Martinez, 125 S. Ct. 716,
727 (2005).
20. Petitioner was ordered removed on

, and the
. Therefore, the

removal order became final on

six-month presumptively reasonable removal period for Petitioner ended on
.
CLAIMS FOR RELIEF
COUNT ONE
STATUTORY VIOLATION
21. Petitioner re-alleges and incorporates by reference paragraphs 1 through
20 above.
22. Petitioner’s continued detention by the Respondents violates 8 U.S.C. §
1231(a)(6), as interpreted in Zadvydas. Petitioner’s ninety-day statutory removal
period and six-month presumptively reasonable period for continued removal efforts
both have passed. Respondents are unable to remove Petitioner to Cuba because
there is no repatriation agreement between the United States and Cuba, and Cuba
will not accept its citizens who have been ordered removed from the United States.
In Clark, the Supreme Court held that the continued indefinite detention of
someone like Petitioner under such circumstances is unreasonable and not
authorized by 8 U.S.C. § 1231(a)(6).
COUNT TWO
SUBSTANTIVE DUE PROCESS VIOLATION
6

23. Petitioner re-alleges and incorporates by reference paragraphs 1 through
22 above.
24. There is no significant likelihood that Petitioner will be removed in the
reasonably foreseeable future.
25. The Petitioner’s continued detention violates his right to substantive due
process by depriving him of his core liberty interest to be free from bodily restraint.
The Due Process Clause of the Fifth Amendment requires that the deprivation of
the Petitioner’s liberty be narrowly tailored to serve a compelling government
interest. While Respondents might have a compelling government interest in
assuring Petitioner’s presence at the time of deportation, that interest does not
justify Petitioner’s indefinite detention where he is unlikely to be deported.
Because the Petitioner is not likely to be removed to Cuba, his continued indefinite
detention violates substantive due process.

7

COUNT THREE
PROCEDURAL DUE PROCESS VIOLATION
26. Petitioner re-alleges and incorporates by reference paragraphs 1 through
25 above.
27. Under the Due Process Clause of the Fifth Amendment, an alien is
entitled to a timely and meaningful opportunity to demonstrate that he should not
be detained. Petitioner in this case has been denied that opportunity. There is no
administrative mechanism in place for the Petitioner to obtain a decision from a
neutral arbiter or appeal a custody decision that violates Martinez. See generally 8
C.F.R. § 212.12. The custody review procedures for Cubans are constitutionally
insufficient both as written and as applied. A number of courts have identified a
substantial bias within ICE toward the continued detention of aliens, raising the
risk of an erroneous deprivation to unconstitutionally high levels. See, e.g., Phan v.
Reno, 56 F. Supp.2d 1149, 1157 (W.D. Wash. 1999) (“INS does not meaningfully and
impartially review the Petitioners’ custody status.”); St. John v. McElroy, 917 F.
Supp. 243, 251 (S.D.N.Y. 1996) (“Due to political and community pressure, INS, an
executive agency, has every incentive to continue to detain aliens with aggravated
felony convictions, even though they have served their sentences, on the suspicion
that they may continue to pose a danger to the community.”); see also Rivera v.
Demore, No. C 99-3042 TEH, 1999 WL 521177, *7 (N.D. Cal. Jul. 13, 1999)
(procedural due process requires that alien release determination be made by
impartial adjudicator due to agency bias).
8

PRAYER FOR RELIEF
WHEREFORE, Petitioner prays that this Court grant the following relief:
1) Assume jurisdiction over this matter;
2) Grant Petitioner a writ of habeas corpus directing the Respondents to
immediately release Petitioner from custody;
3) Enter preliminary and permanent injunctive relief enjoining Respondents
from further unlawful detention of Petitioner;
4) Award Petitioner attorney's fees and costs under the Equal Access to Justice
Act ("EAJA"), as amended, 5 U.S.C. § 504 and 28 U.S.C. § 2412, and on any
other basis justified under law; and
5) Grant any other and further relief that this Court deems just and proper.
I affirm, under penalty of perjury, that the foregoing is true and correct.
__________________________________
Petitioner

_________________________
Date executed

____________________________________
____________________________________
____________________________________
____________________________________

9

APPENDIX B: ADDRESSES OF
ALL U.S. DISTRICT COURTS

71

Addresses of all U.S. District Courts
(Clerks’ Offices)
Alabama
Northern District of Alabama
140 U.S. Courthouse
1729 5th Ave. North
Birmingham, AL 35203
205-278-1700

South 6th Street & Rogers Avenue
P.O. Box 1525 (mailing)
Ft. Smith, AR 72902-1547
479-783-6833
California
Northern District of California
Burton U.S. Courthouse
P.O. Box 36060
450 Golden Gate Ave.
San Francisco, CA 94102-3489
415-522-2000

Middle District of Alabama
P.O. Box 711
One Church St. (36104)
Montgomery, AL 36101-0711
334-954-3600

2112 U.S. Courthouse
280 S. First St., Room 2112
San Jose, CA 95113
408-535-5364

Southern District of Alabama
U.S. Courthouse
113 St. Joseph St.
Mobile, AL 36602-3621
251-690-2371

Federal Building and U.S. Courthouse
1301 Clay St., Ste. 400 South
Oakland, CA 94612-5212
510-637-3530

Alaska
District of Alaska
Fed Bldg. & U.S. Courthouse
222 W. 7th Ave., Rm. 229
Anchorage, AK 99513-7564
907-677-6100
866-243-3814 (toll free)

Eastern District of CA
U.S. Courthouse
501 I St., Suite 4-200
Sacramento, CA 95814-2322
916-930-4000

Arizona
District of Arizona
130 O’Connor U.S. Courthouse
401 W. Washington St.
Phoenix, AZ 85003-2118
602-322-7200

5000 U.S. Courthouse
1130 “O” St.
Fresno, CA 93721
559-498-7483
Central District of CA
Clerk of the U.S. District Court for the
Central District of California
U.S. Courthouse
312 N. Spring St.
Los Angeles, CA 90012
Attn: Intake/Docket Section

405 W. Congress St.
Suite 1500
Tucson, AZ 85701-5010
520-205-4200
Arkansas
Eastern District of Arkansas
402 U.S. Courthouse
600 W. Capitol Ave.
Little Rock, AR 72201-3325
870-338-6321
Western District of Arkansas

72

Southern District of CA
4290 U.S. Courthouse
880 Front St., Rm. 4290
San Diego, CA 92101-8900
619-557-5600

U.S. District Court
111 N. Adams St.
Tallahassee, FL 32301-7730
850-521-3501
243 Federal Bldg.
401 SE First Ave.
Gainesville, FL 32601-6805
352-380-2400

Colorado
District of Colorado
C-226 U.S. Courthouse
1929 Stout St.
Denver, CO 80294
303-844-3433

US Courthouse
30 W. Government St.
Panama City, FL 32401
850-769-4556

US Courthouse
901 19th St, A-105
Denver, CO 80294

Middle District of FL
Sam M. Gibbons U.S. Courthouse
801 N. Florida Ave. #223
Tampa, FL 33602-3800
813-301-5400

Connecticut
District of Connecticut
450 Main St.
Hartford, CT 06103
860-240-3200

U.S. Courthouse
300 N. Hogan St., Ste. 9-150
Jacksonville, FL 32202
904-549-1900

141 Church St.
New Haven, CT 06510
203-773-2140

Young U.S. Courthouse & Fed. Bldg.
80 N. Hughey Ave. #300
Orlando, FL 32801-2278
407-835-4200

915 Lafayette Blvd.
Bridgeport, CT 06604
203-579-5861

U.S. Courthouse & Fed. Bldg.
2110 First St., #2-194
Ft. Myers, FL 33901
239-461-2000

Delaware
District of Delaware
U.S. Courthouse (Lockbox 18)
844 King St.
Wilmington, DE 19801-3570
302-573-6170

Golden-Collum Memorial
Federal Bldg. & US Courthouse
207 N.W. Second St.
Ocala, FL 34475
352-369-4860

District of Columbia
E. Barrett Prettyman U.S. Courthouse
333 Constitution Ave., NW
Washington, DC. 20001-2802
202-354-3050

Southern District of FL
Federal Courthouse Square
301 N. Miami Ave., Ste. 150
Miami, FL 33128
305-523-5100

Florida
Northern District of FL
U.S. Courthouse
1 N. Palafox St.
Pensacola, FL 32502
850-435-8440

73

299 E. Broward Blvd. Rm. 108
Ft. Lauderdale, FL 33301
954-769-5400

401 N. Patterson Street, Suite 212
P.O. Box 68
Valdosta, GA 31601
229-242-3616

Rogers Fed. Bldg. & U.S. Courthouse
701 Clematis St., Rm. 402
W. Palm Beach, FL 33401
561-803-3400

Southern District of GA
P.O. Box 8286 (31412-8286)
125 Bull St., Rm. 304
Savannah, GA 31401
912-650-4020

300 S. Sixth St.
Ft. Pierce, FL 34950
772-595-9691

500 E. Ford St.
P.O. Box 1130 (30903)
Augusta, GA 30901
706-849-4400

US Post Office, Customs House
and Courthouse-Key West
301 Simonton St.
Key West, FL 33040
305-295-8100

801 Gloucester St. (31520)
P.O. Box 1636
Brunswick, GA 31521
912-280-1330

Georgia
Northern District of GA
2211 Russell Federal Building
U.S. Courthouse
75 Spring St., SW
Atlanta, GA 30303-3361
404-215-1660

Guam
District of Guam
4th Fl., U.S. Courthouse
520 West Soledad Ave.
Hagatna, Guam 96910
671-473-9100

Middle District of GA
U.S. Courthouse
P.O. Box 128 (31201)
475 Mulberry St., Suite 216
Macon, GA 31202
478-752-3497

Hawaii
District of Hawaii
C-338 U.S. Courthouse
300 Ala Moana Blvd.
Honolulu, HI 96850-0338
808-541-1300

C. B. King U.S. Courthouse
201 W. Broad Ave.
Albany, GA 31701
229-430-8432

Idaho
District of Idaho
U.S. Courthouse
550 W. Fort St., MSC 039
Boise, ID 83724
208-334-1361

115 E. Hancock Avenue
P.O. Box 1106
Athens, GA 30601
706-227-1094

U.S. Courthouse
801 E. Sherman St.
Pocatello, ID 83201
(208) 478-4123

120 12th Street
P.O. Box 124
Columbus, GA 31902
706-649-7816

U.S. Courthouse
220 E. 5th St. – Rm. 304
Moscow, ID 83843
(208) 882-7612

404 N. Broad Street
Thomasville, GA 31792
229-226-3651

74

Indiana
Northern District of IN
1108 E. Ross Adair Courthouse
1300 S. Harrison, St.
Fort Wayne, IN 46802
260-423-3000

U.S. Courthouse
205 N 4th – Rm. 202
Couer d'Alene, ID 83814
(208) 664-4925
Illinois
Northern District of Illinois
Dirksen Building
219 S. Dearborn St.
Chicago, IL 60604
Attn: Prisoner Correspondent
312-435-5670

102 Robert A. Grand Federal Building
204 S. Main St.
South Bend, IN 46601-2194
574-246-8000
214 Charles Halleck Fed. Bldg.
230 N. 4th St.
P.O. Box 1498
Lafayette, IN 47901
765-420-6250

252 Federal Building
211 S. Court St.
Rockford, IL 61101
815-987-4354

5400 Federal Plaza
Hammond, IN 46320
219-852-6500

Central District of IL
151 US Courthouse
600 East Monroe St.
Springfield, IL 62701
217-492-4020

Southern District of IN
105 U.S. Courthouse
46 East Ohio St.
Indianapolis, IN 46204
317-229-3700

309 Federal Bldg.
100 N.E. Monroe St.
Peoria, IL 61602
309-671-7117

304 U.S. Courthouse
101 N.W. MLK Blvd.
Evansville, IN 47708
812-434-6410

218 U.S. Courthouse
201 S. Vine St.
Urbana, IL 61802
217-373-5830

210 Fed. Bldg.
Terre Haute, IN 47808
812-234-9484

40 U.S. Courthouse
211 19th St.
Rock Island, IL 61201
309-793-5778

210 U.S. Courthouse
121 W. Spring St.
New Albany, IN 47150
812-542-4510

Southern District of IL
Federal Courthouse
750 Missouri Ave.
P.O. Box 249 (62202)
East St. Louis, IL 62201
618-482-9371
U.S. Courthouse
301 W. Main St.
Benton, IL 62812
618-439-7760

75

Iowa
Northern District of IA
301 U.S. Courthouse
320 Sixth St., Rm. 300
Sioux City, IA 51101-1214
712-233-3900

P.O. Box 5121
London, KY 40745-5121
606-877-7910
P.O. Box 1073
35 W. Fifth St.
Covington, KY 41012-1073
859-392-7925

P.O. Box 74710 (52407-4710)
Federal Building
101 First St. SE, Suite 313
Cedar Rapids, IA 52401-1231
319-286-2300

336 Federal Bldg.
1405 Greenup Ave.
Ashland, KY 41101-2187
606-329-8652
Western District of KY
106 Snyder U.S. Courthouse
601 W. Broadway
Louisville, KY 40202
502-625-3500

Southern District of Iowa
U.S. Courthouse, Rm. 200
123 E. Walnut St.
P.O. Box 9344 (50306-9344)
Des Moines, IA 50309
515-284-6248

127 Federal Bldg.
501 Broadway
Paducah, KY 42001
270-415-6400

Kansas
District of Kansas
259 Robert J. Dole U.S. Courthouse
500 State Ave.
Kansas City, KS 66101
913-551-6719

126 Federal Bldg.
423 Frederica St.
Owensboro, KY 42301-3013
270-689-4400

204 U.S. Courthouse
401 North Market
Wichita, KS 67202
316-269-6491

241 E. Main St., Ste. 120
Bowling Green, KY 42101-2175
270-393-2500

490 U.S. Courthouse
444 S.E. Quincy
Topeka, KS 66683
785-295-2610

Louisiana
Eastern District of LA
C-151 U.S. Courthouse
500 Poydras St.
New Orleans, LA 70130-3367
504-589-7650

Kentucky
Eastern District of KY
P.O. Drawer 3074
Room 206
101 Barr St.
Lexington, KY 40588-3074
859-233-2503

Middle District of LA
Russell B. Long Fed. Bldg.
777 Florida St., Suite 139
Baton Rouge, LA 70801-1712
225-389-3500

313 Watts Federal Bldg.
330 W. Broadway
Frankfort, KY 40601-1993
502-223-5225
300 S. Main St.

76

Western District of LA
1167 U.S. Courthouse
300 Fannin St., Ste. 1167
Shreveport, LA 71101
318-676-4273

Flint, MI 48502
810-341-7840
Western District of Michigan
399 Federal Bldg.
110 Michigan St., NW
Grand Rapids, MI 49503-2363
616-456-2381

Maine
District of Maine
U.S. District Court
156 Federal St.
Portland, ME 04101
207-780-3356

B-35 U.S. Courthouse & Fed. Bldg.
410 W. Michigan Ave.
Kalamazoo, MI 49007
269-337-5706

Smith Federal Bldg.
P.O. Box 1007 (04402-1007)
202 Harlow St.
Bangor, ME 04401
207-945-0575

113 Federal Building
315 W. Allegan St.
Lansing, MI 48933
517-377-1559

Maryland
District of Maryland
101 W. Lombard St., Rm. 4415
Baltimore, MD 21201-2691
410-962-2600

P.O. Box 698
229 Fed. Bldg.
202 W. Washington St.
Marquette, MI 49855
906-226-2021

Massachusetts
District of MA
Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, MA 02210
617-748-9152

Minnesota
District of Minnesota
700 Burger Federal Bldg.
316 N. Robert St.
St. Paul, MN 55101
651-848-1100

Michigan
Eastern District of Michigan
Theodore Levin U.S. Courthouse
Fifth Floor
231 W. Lafayette Blvd.
Detroit, MI 48226
313-234-5005

Mississippi
Northern District of Mississippi
369 Federal Bldg.
911 Jackson Ave.
Oxford, MS 38655
662-234-1971
P.O. Box 704
301 W. Commerce St., #308
Aberdeen, MS 39730
662-369-4952

P.O. Box 8199 (48107)
200 E. Liberty St., Rm. 120
Ann Arbor, MI 48104
734-741-2380

P.O. Box 190 (38702-0190)
329 Post Office Bldg.
305 Main St.
Greenville, MS 38701
662-335-1651

P.O. Box 913 (48707)
304 Post Office Bldg.
1000 Washington Ave.
Bay City, MI 48708
989-894-8800

Southern District of Mississippi
316 Eastland Courthouse

600 Church St., Rm. 140

77

245 E. Capitol St.
P.O. Box 23552 (39225-3552)
Jackson, MS 39201
601-965-4439

333 Las Vegas Blvd. South
Las Vegas, NV 89101
702-464-5400
400 S. Virginia St., Ste. 301
Reno, NV 89501
775-686-5800

Missouri
Eastern District of Missouri
Eagleton U.S. Courthouse
111 South 10th St., Ste. 3300
St. Louis, MO 63102
314-244-7900

New Hampshire
District of New Hampshire
Rudman U.S. Courthouse
55 Pleasant St., Rm. 110
Concord, NH 03301
603-225-1423

Western District of Missouri
1510 U.S. Courthouse
400 E. Ninth St.
Kansas City, MO 64106
Attn: Prisoner Pro Se Office
816-512-5000

New Jersey
District of New Jersey
M.L.K. Fed. Bldg. & U.S. Courthouse
50 Walnut St., Rm. 4015
P.O. Box 419
Newark, NJ 07101-0419
973-645-3730/4566

Montana
District of Montana
Rm. 5405, Federal Bldg.
316 N. 26th St.
Billings, MT 59101
406-247-7000

Fisher Fed. Bldg. & U.S. Courthouse
402 E. State St., Rm. 2020
Trenton, NJ 08608
609-989-2065

Hatfield U.S. Courthouse
901 Front St.
Helena, MT 59626-0015
406-441-1355

M.H. Cohen U.S. Courthouse
1 John F. Gerry Plaza, Rm. 1050
Fourth & Coopers Streets
P.O. Box 2797
Camden, NJ 08101-2797
856-757-5021

Post Office Bldg.
P.O. Box 8537 (59807-8537)
Missoula, MT 59801
406-542-7260

New Mexico
District of New Mexico
333 Lomas Blvd. NW, Ste. 270
Albuquerque, NM 87102
Attn: Pro Se Dept.
505-348-2000

Nebraska
District of Nebraska
Hruska U.S. Courthouse
111 S. 18th Plaza, Ste. 1152
Omaha, NE 68102-1322
402-661-7350
866-220-4381 (toll free)
P.O. Box 83468 (68501-3468)
593 Federal Bldg.
Lincoln, NE 68508
402-437-5225
Nevada
District of Nevada
Lloyd D. George U.S. Courthouse

78

New York
Northern District of New York
James F. Hanley Fed. Bldg.
100 S. Clinton St.
P.O. Box 7367
Syracuse, NY 13261-7367
Attn: Inmate Litigation Unit
315-234-8500 / 800-962-5514

Alton Lennon Fed. Bldg.
2 Princess St.
Wilmington, NC 28401
910-815-4663
Middle District of NC
P.O. Box 2708 (27402-2708)
U.S. Courthouse
324 W. Market St., Ste. 401
Greensboro, NC 27401
336-332-6000

Eastern District of NY
U.S. Courthouse
225 Cadman Plaza East
Brooklyn, NY 11201
718-260-2600

Western District of NC
Charles Jonas Federal Bldg.
401 W. Trade St., Rm. 212
Charlotte, NC 28202
704-350-7400

Long Island Fed. Courthouse
100 Federal Plaza
Central Islip, NY 11722-4438
631-712-6000

309 U.S. Courthouse
100 Otis St.
Asheville, NC 28801-2611
828-771-7200

Southern District of NY
U.S. District Court
500 Pearl St.
New York, NY 10007-1312
212-805-0136

North Dakota
District of North Dakota
220 E. Rosser Ave., Rm. 476
P.O. Box 1193
Bismarck, ND 58502-1193
701-530-2300

Western District of NY
304 U.S. Courthouse
68 Court St.
Buffalo, NY 14202-3498
716-551-4211 or
716-551-5759

Quentin Burdick U.S. CtHse
655 1st Ave., N., Ste. 130
Fargo, ND 58102-4932
701-297-7000

2120 U.S. Courthouse
100 State St.
Rochester, NY 14614-1368
585-263-6263

Northern Mariana Islands
District of N. Mariana Islands
Horiguchi Bldg., 2nd Fl.
Beach Rd., Garapan
P.O. Box 500687
Saipan, MP 96950-0687 USA
670-236-2902

North Carolina
Eastern District of NC
Terry Sanford Fed. Bldg. & Courthouse
310 New Bern Ave.
Raleigh, NC 27601
919-645-1700

Ohio
Northern District of Ohio
Carl B. Stokes U.S. Courthouse
801 W. Superior Ave.
Cleveland, OH 44113-1830
216-357-7000

209 Fed. Bldg. & U.S. CtHse
201 South Evans St., Rm. 209
Greenville, NC 27858-1137
252-830-6009

114 U.S. Courthouse

79

1716 Spielbusch Ave.
Toledo, OH 43624-1363
419-259-6412

District of Oregon
740 U.S. Courthouse
1000 SW Third Ave.
Portland, OR 97204-2902
503-326-8008

337 Fed. Bldg. & U.S. Courthouse
125 Market St.
Youngstown, OH 44503-1780
330-746-1906

100 Federal Bldg.
211 E. Seventh Ave.
Eugene, OR 97401
541-465-6423

568 U.S. Courthouse & Fed. Bldg.
Two South Main St.
Akron, OH 44308-1813
330-375-5705

James A. Redden U.S. Courthouse
310 W. 6th, Room 201
Medford, OR 97501

Southern District of Ohio
324 Potter Stewart U.S. Courthouse
100 E. Fifth St., Rm. 103
Cincinnati, OH 45202
513-564-7500

Pennsylvania
Eastern District of PA
2609 U.S. Courthouse
601 Market St.
Philadelphia, PA 19106-1797
215-597-7704

Joseph P. Kinneary U.S. Courthouse
85 Marconi Blvd., Rm. 260
Columbus, OH 43215
614-719-3000

Middle District of PA
Nealon Fed. Bldg. & U.S. Courthouse
235 N. Washington Ave.
P.O. Box 1148
Scranton, PA 18501
570-207-5680

Federal Bldg.
200 W. Second St., Rm. 712
Dayton, OH 45402
937-512-1400

U.S. CtHse & Fed. Bldg.
228 Walnut St.
P.O. Box 983
Harrisburg, PA 17108-0983
717-221-3950

Oklahoma
Northern District of OK
U.S. Courthouse
333 West Fourth St., Rm. 4-411
Tulsa, OK 74103-3819
918-699-4700

P.O. & Fed. Bldg.
240 W. Third Street, Ste. 218
Williamsport, PA 17701-0608
570-323-6380

Eastern District of OK
P.O. Box 607 (74402-0607)
U.S. Courthouse
101 N. 5th St., Rm. 210
Muskogee, OK 74401
918-684-7920

Western District of PA
829 U.S. Post Office and Courthouse
7th Ave. & Grant St.
Pittsburgh, PA 15219
412-208-7500

Western District of OK
1210 U.S. Courthouse
200 N.W. 4th St., Rm. 1210
Oklahoma City, OK 73102-3092
405-609-5000

P.O. Box 1820
Erie, PA 16507-0820
814-464-9600
208 Penn Traffic Bldg.
319 Washington St.

Oregon

80

Johnstown, PA 15901
814-533-4504

South Dakota
District of South Dakota
128 U.S. Courthouse
400 South Phillips Ave.
Sioux Falls, SD 57104-6851
605-330-4447

Puerto Rico
District of Puerto Rico
150 Degetau Fed. Bldg.
Carlos Chardon Ave., Rm. 150
San Juan, PR 00918-1767
787-772-3011

302 Fed. Bldg. & U.S. Courthouse
515 9th St.
P.O. Box 6080 (57709-6080)
Rapid City, SD 57701
605-342-3066

Rhode Island
District of Rhode Island
Pastore Federal Bldg. & Courthouse
One Exchange Terrace
Providence, RI 02903
401-752-7200

U.S. Post Office & Courthouse
225 S. Pierre St.
Pierre, SD 57501
605-224-5849

South Carolina
District of South Carolina
Matthew J. Perry U.S. Courthouse
901 Richland St.
Columbia, SC 29201-2431
803-765-5816

Tennessee
Eastern District of Tennessee
Baker U.S. Courthouse
800 Market St., Ste. 130
Knoxville, TN 37902
865-545-4228

Hollings Judicial Center
85 Broad St.
P.O. Box 835 (29402)
Charleston, SC 29401
843-579-1401

309 Federal Bldg.
900 Georgia Ave.
P.O. Box 591 (37401)
Chattanooga, TN 37402
423-752-5200

Haynsworth Federal Bldg.
300 E. Washington St.
Room 239
P.O. Box 10768 (29603)
Greenville, SC 29601
864-241-2700

U.S. Courthouse
220 W. Depot St., Ste. 200
Greeneville, TN 37743
423-639-3105
200 South Jefferson Street
Room 201, U.S. Courthouse
Winchester, TN 37398
931- 967-1444

McMillan Federal Bldg.
400 W. Evans St.
P.O. Box 2317 (29503)
Florence, SC 29501
843-676-3820

Middle District of Tennessee
800 U.S. Courthouse
801 Broadway
Nashville, TN 37203-3869
615-736-5498

81

Western District of Tennessee
242 Federal Bldg.
167 N. Main St.
Memphis, TN 38103
901-495-1200

104 Brooks Federal Bldg.
300 Willow St.
Beaumont, TX 77701
409-654-7000
Federal Courthouse
104 N. Third St.
Lufkin, TX 75901
936-632-2739

Federal Bldg.
111 S. Highland Ave., Rm. 262
Jackson, TN 38301
731-421-9200

300 Willow St.
Beaumont, TX 77701
409-654-7000

Texas
Northern District of Texas
Cabell Federal Bldg.
1100 Commerce St., Rm. 1452
Dallas, TX 75242-1003
214-753-2200

Southern District of Texas
P.O. Box 61010 (77208-1010)
5401 Casey U. S. Courthouse
515 Rusk Ave.
Houston, TX 77002
713-250-5500

P.O. Box F-13240 (79189-3240)
205 E. Fifth St., #133
Amarillo, TX 79101-1559
806-324-2352

600 E. Harrison St., Ste. 1158
Brownsville, TX 78520
956-548-2500

501 W. 10th St., Rm. 3673
Fort Worth, TX 76102-3643
817-850-6600

1133 N. Shoreline Blvd., Rm. 208
Corpus Christi, TX 78401-2349
361-888-3142

Fed. Bldg. & U.S. Courthouse
1205 Texas Ave., Rm. 209
Lubbock, TX 79401-4091
806-472-7624

P.O. Box 2300 (77553-2300)
411 Post Office Bldg.
Galveston, TX 77550-5507
409-766-3530

Eastern District of Texas
106 Federal Bldg.
211 W. Ferguson
Tyler, TX 75702
903-590-1000

P.O. Box 597 (78040-0597)
319 Federal Bldg.
1300 Matamoros St.
Laredo, TX 78042
956-723-354

Federal Bldg.
101 E. Pecan St., Rm. 112
Sherman, TX 75090
903-892-2921

P.O. Box 5059 (78502-5059)
1011 TX Commerce Bank Twr.
1701 W. Business Hwy. 83
McAllen, TX 78501-5178
956-618-8065

301 U.S. Courthouse & P.O. Bldg.
500 N. Stateline Ave.
Texarkana, TX 75501
903-794-8561

Western District of Texas
G-65 U.S. Courthouse
655 E. Durango Blvd.
San Antonio, TX 78206-1198
210-472-6550

82

130 U.S. Courthouse
200 W. Eighth St.
Austin, TX 78701
512-916-5896

Virgin Islands
District of the Virgin Islands
310 Federal Bldg.
5500 Veterans Dr.
Charlotte Amalie
St. Thomas, VI 00802-6424
340-774-0640

219 U.S. Courthouse
511 E. San Antonio St.
El Paso, TX 79901-2401
915-534-6725

219 Almeric L. Christian Fed. Bldg.
& U.S. Courthouse
3013 Est. Golden Rock
C’sted, St. Croix 00820-4355
340-773-1130

U.S. Courthouse
800 Franklin Ave., Rm. 380
Waco, TX 76701
254-750-1501

Virginia
Eastern District of Virginia
401 Courthouse Sq.
Alexandria, VA 22314-5798
703-299-2100

107 U.S. Courthouse
200 East Wall St.
Midland, TX 79701
432-686-40001
Utah
District of Utah
150 U.S. Courthouse
350 South Main St.
Salt Lake City, UT 84101-2180
801-524-6100

193 U.S. Courthouse
600 Granby St.
Norfolk, VA 23510-1811
757-222-7201
307 Powell U.S. Courthouse
1000 E. Main St., Suite 307
Richmond, VA 23219-3525
804-916-2220

Vermont
District of Vermont
506 Federal Bldg.
11 Elmwood Ave.
P.O. Box 945
Burlington, VT 05402
802-951-6301

U.S. Post Office & Courthouse Bldg.
101 25th St.
P.O. Box 494
Newport News, VA 23607
757-247-0784

P.O. Box 998 (05302-0998)
206 Federal Bldg.
204 Main St.
Brattleboro, VT 05302
802-254-0250

Western District of Virginia
P.O. Box 1234 (24006-1234)
Poff Federal Bldg., Rm. 308
210 Franklin Rd., SW
Roanoke, VA 24011
540-857-5100

P.O. Box 607 (05702-0607)
151 West St., Rm. 204
Rutland, VT 05701
802-773-0245

U.S. Courthouse & P.O. Bldg.
180 W. Main St., Rm. 104
P.O. Box 398 (24212-0398)
Abingdon, VA 24210
276-628-5116

83

304 U.S. Courthouse
255 W. Main St.
Charlottesville, VA 22902
434-296-9284

3100 Union Station Bldg.
1717 Pacific Ave.
Tacoma, WA 98402-3226
253-593-6313

202 U.S. Courthouse & P.O. Bldg.
P.O. Box 1400 (24543)
700 Main St., Rm. 202
Danville, VA 24541
434-793-7147

West Virginia
Northern District of WV
300 Third St.
P.O. Box 1518
Elkins, WV 26241-1518
304-636-1445

U.S. Courthouse & P.O. Bldg.
1100 Court St., Rm. A66 (24504)
P.O. Box 744
Lynchburg, VA 24505-0744
434-847-5722

500 West Pike St., Rm. 301
P.O. Box 2857
Clarksburg, WV 26302
304-622-8513

322 E. Wood Ave., Rm. 204 (24219)
P.O. Box 490
Big Stone Gap, VA 24219
276-523-3557

217 W. King St., Rm. 102
Martinsburg, WV 25401
304-267-8225
207 Federal Bldg.
1125 Chapline Streets
P.O. Box 471
Wheeling, WV 26003
304-232-0011

116 N. Main St., Rm. 314
Harrisonburg, VA 22802
540-434-3181
Washington
Eastern District of WA
Foley U.S. Courthouse
W. 920 Riverside Ave., 8th Fl., Rm. 840
P.O. Box 1493 (99210-1493)
Spokane, WA 99201
509-353-2150

Southern District of WV
2400 Robert Byrd U.S. CtHse
300 Virginia St., East
P.O. Box 2546 (25329-2546)
Charleston, WV 25301
304-347-3000

P.O. Box 2706 (98907-2706)
25 S. Third St.
Yakima, WA 98901
509-575-5838

U.S. Courthouse & IRS Complex
P.O. Drawer 5009
110 N. Heber St., Rm. 119
Beckley, WV 25801
304-253-7481

825 Jadwin Ave., Rm. 174
Richland, WA 99352-1386
509-376-7262

101 Federal Bldg.
845 Fifth Ave.
P.O. Box 1570 (25716)
Huntington, WV 25701
304-529-5588

Western District of WA
700 Stewart St.
Seattle, WA 98104-1125
206-370-8400

P.O. Box 4128 (24701)
601 Federal St., Rm. 2303
Bluefield, WV 24701
304-327-9798

P.O. Box 1526

84

425 Juliana St., Rm. 5102
Parkersburg, WV 26102
304-420-6490
Wisconsin
Eastern District of Wisconsin
362 U.S. Courthouse
517 East Wisconsin Ave.
Milwaukee, WI 53202
414-297-3372
125 S. Jefferson St.
P.O. Box 22490
Green Bay, WI 54305-2490
920-884-3720
Western District of Wisconsin
120 N. Henry St., Rm. 320
P.O. Box 432
Madison, WI 53701-0432
608-264-5156
Wyoming
District of Wyoming
2120 Capitol Ave., Rm. 2141, 2nd Fl.
Cheyenne, WY 82001-3658
307-433-2620
121 U.S. Courthouse
111 S. Wolcott
Casper, WY 82601
307-232-2620

85

APPENDIX C: RESOURCES
Resource List 1: Federal Public Defenders Offices
Resource List 2: Organizations Assisting Detained Immigrants

86

Resource List 1: Federal Public Defenders Offices
ALASKA (9th Circuit)
F. Richard Curtner, III
Federal Public Defender
550 West 7th Avenue, Room 1600
Anchorage, Alaska 99501
(907) 646-3400; FAX: (907) 646-3480

CALIFORNIA (9th Circuit)
Northern
Barry J. Portman
Federal Public Defender
U.S. Courthouse
450 Golden Gate Avenue
P.O. Box 36106
San Francisco, California 94102-3567
(415) 436-7700; FAX: (415) 436-7706

ARIZONA (9th Circuit)
Jon Sands
Federal Public Defender
Congress Plaza, 407 W. Congress Street
Tucson, Arizona 85701-1355
(520) 879-7500; FAX: (520) 879-7600

Branches:
Federal Public Defender
Suite 575
160 West Santa Clara Street
San Jose, California 95113
(408) 291-7753; FAX: (408) 291-7399

Branch:
Federal Public Defender
850 W. Adams St., Ste. 201
Phoenix, Arizona 85007
(602) 382-2700; FAX: (602) 382-2800

Federal Public Defender
6th Floor, Ste. 650
555-12th Street
Oakland, California 94607-3627
(510) 637-3500; FAX: (510) 637-3507

ARKANSAS (Eastern and Western) (8th
Circuit)
Jenniffer Morris Horan
Federal Public Defender
The Victory Building, Ste. 490
1401 West Capitol Avenue
Little Rock, Arkansas 72201
(501) 324-6113; FAX: (501) 324-6128

Eastern
Quin A. Denvir
Federal Public Defender
Eastern District of California
801 I Street, 3rd Floor
Sacramento, California 95814-2510
(916) 498-5700; FAX: (916) 498-5710

Branch:

Branch:
Federal Public Defender
2300 Tulare Street Suite 330
Fresno, California 93721
(559) 487-5561; FAX: (559) 487-5950

Mailing Address
Federal Public Defender
P.O. Box 3686
Fayetteville, Arkansas 72702
Office Location
38 Trenton Boulevard, Suite 101
Fayetteville, Arkansas 72701
(501) 442-2306; Fax: (501) 443-1904

Central
Maria Elena Stratton
Federal Public Defender
321 East 2nd Street
Los Angeles, California 90012-4206
(213) 894-2854; FAX: (213) 894-0081
Branches:
Federal Public Defender
Ronald Reagan Federal Building
and United States Courthouse
411 West Fourth Street
Santa Ana, California 92701
(714) 338-4500; FAX: (714) 338-4520

87

FLORIDA (11th Circuit)

Federal Public Defender
P.O. Box 13000
Riverside, California 92502
(909) 276-6346; FAX: (909) 276-6368

Northern
Randolph P. Murrell
Federal Public Defender
227 N. Bronough Street, Suite 4200
Tallahassee, Florida 32301
(850) 942-8818; FAX: (850) 942-8809

COLORADO & WYOMING (10th Circuit)
Raymond P. Moore
Federal Public Defender
633-17th Street Suite 1000
Denver, Colorado 80202
(303) 294-7002; FAX: (303) 294-1192
COLORADO & WYOMING (10thCircuit)
(CONTINUED)

Branches:
Federal Public Defender
3 West Garden Street, Ste. 200
Pensacola, Florida 32502-5654
(850) 432-1418; FAX: (850) 434-3855
Federal Public Defender
101 SE Second Place, Suite 112
Gainesville, Florida 32601
(352) 373-5823; FAX: (352) 373-7644

Branch:
Federal Public Defender
320 W.25th Street
Cheyenne, WY 82001
(307) 772-2781; FAX: (307) 772-2788

Middle
R. Fletcher Peacock
Federal Public Defender
Regions Plaza, Suite 300
201 South Orange Avenue
Orlando, Florida 32801
(407) 648-6338; FAX: (407) 648-6095

CONNECTICUT (2d Circuit)
Thomas G. Dennis
Federal Public Defender
10 Columbus Blvd. Floor 6
Hartford, Connecticut 06106-1976
(860) 493-6260; FAX: (860) 493-6269
Branch:
Federal Public Defender
2 Whitney Avenue, Suite 300
New Haven, Connecticut 06510
(203) 498-4200; FAX: (203) 498-4207

Branches:
Federal Public Defender
Sun Bank Building, Suite 1240
200 West Forsyth Street
Jacksonville, Florida 32202-4236
(904) 232-3039; FAX: (904) 232-1937

DELAWARE (3rd Circuit)
Penny Marshall
Federal Pubic Defender
Office of Federal Public Defender
704 King Street, Suite 110
Wilmington, Delaware 19801
(302) 573-6010; FAX: (302) 573-6041

Federal Public Defender
Park Tower, Suite 2700
400 N. Tampa Street
Tampa, Florida 33602
(813) 228-2715; FAX: (813) 228-2562
Federal Public Defender
2110 First Street, Room 2-146
Fort Myers, Florida 33901-3019
(239) 461-2020; FAX: (239) 461-2025

DISTRICT OF COLUMBIA
A. J. Kramer
Federal Public Defender
625 Indiana Avenue, NW, Suite 550
Washington, D.C. 20004
(202) 208-7500; FAX: (202) 208-7515

Federal Public Defender
201 S.W. 2nd Street, Suite 102
Ocala, Florida 34474
(352) 351-9157; FAX: (352) 351-9162

88

ILLINOIS (7th Circuit)

Southern
Kathleen M. Williams
Federal Public Defender
Museum Tower Building
150 West Flagler Street, Suite 1500
Miami, Florida 33130-1555
(305) 536-6900; FAX: (305) 530-7120

Southern
Phillip Kavanaugh
Federal Public Defender
P.O. Box 159
East St. Louis, Illinois 62202

Satellite:
Federal Public Defender
Museum Tower Building
150 West Flagler Street, Suite 1700
Miami, Florida 33130
(305) 530-7000; FAX: (305) 536-4559

Office Location:
650 Missouri Avenue, Suite G10-A
East St. Louis, Illinois 62202
(618) 482-9050; FAX: (618) 482-9057
Branch:
Federal Public Defender
112 North Duquoin
P.O. Box 1075
Benton, Illinois 62812
(618) 435-2552

Branches:
Federal Public Defender
South Trust Tower Building
Suite 1100
One East Broward Boulevard
Ft. Lauderdale, FL 33301
(954) 356-7436; FAX: (954) 356-7556

Central
Richard H. Parsons
Federal Public Defender
401 Main Street, Suite 1500
Peoria, Illinois 61602
(309) 671-7891; FAX: (309) 671-7898

Federal Public Defender
Suite 300
400 Australian Ave. North
West Palm Beach, Florida 33401
(561) 833-6288; FAX: (561) 833-0368

Branch:
Federal Public Defender
600 East Adams Street, 2nd Floor
Springfield, Illinois 62701
(217) 492-5070; FAX: (217) 492-5077

Federal Public Defender
200 S. Indian River Drive, Suite 207
Ft. Pierce, FL 34950
(561) 461-9435: FAX: (561) 461-9474

Federal Public Defender
300 West Main St.
Urbana, Illinois 61801
(217) 373-0666; FAX: (217) 373-0667

GUAM (9th Circuit)
John T. Gorman
Federal Public Defender
First Hawaiian Bank Bldg, Suite 501
400 Route 8
Mong Mong, Guam 96910
(671) 472-7111; FAX: (671) 472-7120

IOWA (Southern and Northern) (8th Circuit)
Nicholas Drees
Federal Public Defender
Capital Square, Suite 340
400 Locust Street
Des Moines, Iowa 50309-2360
(515) 309-9610; FAX: (515) 309-9625

HAWAII (9th Circuit)
Peter C. Wolff, Jr.
Federal Public Defender
Prince Kuhio Federal Building
300 Ala Moana Blvd., Suite 7102
Honolulu, Hawaii 96850
(808) 541-2521; FAX: (808) 541-3545

89

Middle & Western
Rebecca L. Hudsmith
Federal Public Defender
Suite 816
102 Versailles Boulevard
Lafayette, Louisiana 70501
(337) 262-6336; FAX: (337) 262-6605

Branch:
Federal Public Defender
Armstrong Center, Suite 501
222 3rd Avenue, SE
Cedar Rapids, Iowa 52401
(319) 363-9540; FAX: (319) 363-9542
Federal Public Defender
Federal Courthouse, Room 202
701 Pierce St., Ste. 400
Sioux City, Iowa 51101
(712) 252-4158; FAX: (712) 252-4194

Branches:
Federal Public Defender
300 Fannin, Suite 2199
Shreveport, Louisiana 71101-6300
(318) 676-3310; FAX: (318) 676-3313

Federal Public Defender
Federal Courthouse, Room 384
101 W. 2nd St., Ste. 401
Davenport, Iowa 52801
(563) 322-8931; FAX: (563) 383-0052

Federal Public Defender
707 Florida Street, #303
Baton Rouge, Louisiana 70801
(225) 382-2118; FAX: (225) 382-2119
MARYLAND (4th Circuit)
James Wyda
Federal Public Defender Northern Division
Tower II, Suite 1100
100 South Charles Street
Baltimore, Maryland 21201-2705
(410) 962-3962; FAX: (410) 962-0872

KANSAS (10th Circuit)
David J. Phillips
Federal Public Defender
U.S. Courthouse, Suite 201
500 State Avenue
Kansas City, Kansas 66101
(913) 551-6712; FAX: (913) 551-6562
Branches:
Federal Public Defender
Epic Center, Suite 850
301 North Main
Wichita, Kansas 67202
(316) 269-6445; FAX: (316) 269-6175

Branch:
Federal Public Defender
Southern Division
6411 Ivy Lane, Suite 710
Greenbelt, Maryland 20770-4510
(301) 344-0600; FAX: (301) 344-0019

Federal Public Defender
424 South Kansas, Room 200
Topeka, Kansas 66603-3439
(785) 232-9828; FAX: (785) 232-9886

MASSACHUSETTS,
NEW HAMPSHIRE & RHODE ISLAND
(1st Circuit)
Owen S. Walker
Federal Public Defender
408 Atlantic Avenue, 3rd Floor
Boston, Massachusetts 02110
(617) 223-8061; FAX: (617) 223-8080

LOUISIANA (5th Circuit)
Eastern
Virginia L. Schlueter
Federal Public Defender
Hale Boggs Building
500 Poydras Street, Suite 318
New Orleans, Louisiana 70130
(504) 589-7930; (800) 296-4046
FAX: (504) 589-2556

Branch:
Federal Public Defender
The Ralph Pill Building
22 Bridge Street
Concord, New Hampshire 03301
(603) 226-7360; FAX: (603) 226-7358
Federal Public Defender
10 Weybosset St., Ste. 300
Providence, RI 02903
(401) 528-4281; FAX: (401) 528-4285

90

Eastern
Norman S. London
Federal Public Defender
1010 Market Street, Suite 200
St. Louis, Missouri 63101
(314) 241-1255; FAX: (314) 421-3177

MICHIGAN (Western) (6th Circuit)
Raymond S. Kent
Federal Public Defender
Trade Center Building, Suite 500
50 Louis NW
Grand Rapids, Michigan 49503-2633
(616) 742-7420; FAX: (616) 742-7430

Branch:
Federal Public Defender
440 Broadway, P.O. Box 2043
Cape Girardeau, Missouri 63702-2043
(573) 339-0242; FAX: (573) 339-0305

MINNESOTA (8th Circuit)
Daniel M. Scott
Federal Public Defender
U.S. Courthouse, Suite 107
300 South Fourth Street
Minneapolis, Minnesota 55415
(612) 664-5858; FAX: (612) 664-5850

NEBRASKA (8th Circuit)
David R. Stickman
Federal Public Defender
222 S. 15th St., #300N
Omaha, Nebraska 68102
(402) 221-7896; FAX: (402) 221-7884

MISSISSIPPI (Southern) (5th Circuit)

Branch:
Federal Public Defender
112 Robert V. Denney Federal Building
100 Centennial Mall North
Lincoln, Nebraska 68508
(402) 437-5871; FAX: (402) 437-5874

S. Dennis Joiner
Federal Public Defender
200 South Lamar St., Ste. 100-S
Jackson, MS 39201
(601) 948-4284; FAX: (601) 948-5510
Branch:
Federal Public Defender
2510 14th St., Ste. 102
One Hancock Plaza
Gulfport, MS 39501
(228) 868-3045; FAX: (228) 868-3294

NEVADA (9th Circuit)
Franny A. Forsman
Federal Public Defender
Phoenix Bldg., Suite 700
330 South 3rd Street
Las Vegas, Nevada 89101
(702) 388-6577; FAX: (702) 388-6261
Branch:
Federal Public Defender
Room 301
210 W. Liberty Street, Suite 102
Reno, Nevada 89501-2405
(702) 784-5626; FAX: (702) 784-5022

MISSOURI (8th Circuit)
Western
Raymond C. Conrad
Federal Public Defender
Scarritt Building
818 Grand Boulevard, Suite 300
Kansas City, Missouri 64106
(816) 471-8282; FAX: (816) 471-8008

NEW JERSEY (3rd Circuit)
Richard Coughlin
Federal Public Defender
972 Broad Street, Second Floor
Newark, New Jersey 07102
(973) 645-6347; FAX: (973) 645-3101

Branch:
Federal Public Defender
901 St. Louis Street, Ste. 801
Springfield, MO 65806
(417) 873-9022; FAX: (417) 873-9038

91

Branches:
Federal Public Defender
Station Plaza #4, 4th Floor
22 South Clinton Avenue
Trenton, New Jersey 08609
(856) 989-2160; FAX: (856) 989-2153

Branch:
Federal Public Defender
4 Clinton Exchange, 3rd Floor
Syracuse, New York 13202
(315) 701-0080; FAX: (315) 701-0081
Federal Public Defender
110 Cherry Street, 2nd Floor
Burlington, Vermont 05401
(802) 862-6990; FAX: (802) 862-7836

Branches cont.:
Federal Public Defender
800 Cooper Street, Suite 350
Camden, New Jersey 08102
(856) 757-5341; FAX: (856) 757-5273

NORTH CAROLINA (4th Circuit)
Eastern
Thomas P. McNamara
Federal Public Defender
P.O. Box 25967
Raleigh, North Carolina 27611-5967

NEW MEXICO (10th Circuit)
Stephen P. McCue
Federal Public Defender
First State Bank Building
111 Lomas Boulevard NW, Suite 501
Albuquerque, New Mexico 87102
(505) 346-2489; FAX: (505) 346-2494

Office Location:
First Union Building
150 Fayetteville Street Mall, Suite 450
Raleigh, North Carolina 27601-2919
(919) 856-4236; FAX: (919) 856-4477

Branch:
Federal Public Defender
500 S. Main, Ste. 600
Las Cruces, New Mexico 88001
(505) 527-6930; FAX: (505) 527-6933

Branch:
Federal Public Defender
225 Green Street
Suite 1002, Wachovia Building
P.O. Box 690
Fayetteville, North Carolina 283020690
(910) 484-0179; FAX: (910) 484-0170

NEW YORK (2nd Circuit)
Western
Joseph B. Mistrett
Federal Public Defender
28 East Main Street, Ste. 400
First Federal Plaza
Rochester, New York 14614
(585) 263-6201; FAX: (585) 263-5871

Federal Public Defender
Greenville Federal Courthouse
P.O. Box 8005
Greenville, North Carolina 27835-8005
(252) 830-2232 FAX: (252) 830-2232

Branch:
Federal Public Defender
Suite 450
300 Pearl Street
Buffalo, New York 14202
(716) 551-3341; FAX: (716) 551-3346

Middle
Louis C. Allen, III
Federal Public Defender
101 South Elm Street, Suite 210
Greensboro, North Carolina 27401
(336) 333-5455: FAX: (336) 333-5463

NEW YORK (Northern) & VERMONT
(2nd Circuit)
Alexander Bunin
Federal Public Defender
39 North Pearl Street, 5th Floor
Albany, New York 12207
(518) 436-1850; FAX (518) 436-1780

92

Northern and Eastern
Paul D. Brunton
Federal Public Defender
Williams Tower 1, Suite 1225
One West Third Street
Tulsa, Oklahoma 74103-3532
(918) 581-7656; FAX: (918) 581-7630

OHIO (6th Circuit)
Northern
Michael G. Dane
Federal Public Defender
Skylight Office Tower, Suite 750
1660 West 2nd Street
Cleveland, Ohio 44113
(216) 522-4856; FAX: (216) 522-4321

OREGON (9th Circuit)
Steven T. Wax
Federal Public Defender
101 S.W. Main Street, Suite 1700
Portland, Oregon 97204
(503) 326-2123; FAX: (503) 326-5524

Branch:
Federal Public Defender
U.S. Courthouse & Federal Building
2 South Main Street, B3-56
Akron, Ohio 44308
(330) 375-5739; FAX: (330) 375-5738

Branch:
Federal Public Defender
151 West 7th, Suite 510
Eugene, Oregon 97401
(541) 465-6937; FAX: (541) 465-6975

Southern
Steven R. Keller
Federal Public Defender
One Columbus
10 West Broad Street, Suite 1020
Columbus, Ohio 43215-3419
(614) 469-2999; FAX: (614) 469-5999

Federal Public Defender
15 Newtown Street
Medford, Oregon 97501
(541) 776-3630; FAX: (541) 776-3624

Branches:
Federal Public Defender
2000 CBLD Center
36 East Seventh Street
Cincinnati, Ohio 45202
(513) 929-4834; FAX: (513) 929-4842
Federal Public Defender
130 W. 2nd Street, Suite 820
Dayton, Ohio 45402
(937) 225-7687; FAX: (937)
7688

PENNSYLVANIA (3rd Circuit)
Western
Lisa B. Freeland
Federal Public Defender
1450 Liberty Center
1001 Liberty Avenue
Pittsburgh, PA 15222-3716
(412) 644-6565; FAX: (412) 644-4594

225-

Branch:
Federal Public Defender
1111 Renaissance Centre
1001 State Street
Erie, PA 16501
(814) 455-8089; FAX: (814) 455-8624

OKLAHOMA (10th Circuit)
Western
Susan M. Otto
Federal Public Defender
Old Post Office Building
215 Dean A. McGee Avenue, Suite 524
Oklahoma City, Oklahoma 73102
(405) 609-5930; FAX: (405) 609-5932

Middle
James V. Wade
Federal Public Defender
100 Chestnut Street - Suite 306
Harrisburg, Pennsylvania 17101-2540
(717) 782-2237; FAX: (717) 782-3881

93

SOUTH DAKOTA (8th Circuit)
Jeffrey L. Viken
Federal Public Defender
703 Main Street
Rapid City, South Dakota 57701-2758
(605) 343-5110; FAX (605) 343-1498

Branches:
Federal Public Defender
Kane Professional Building, Suite 2C
116 North Washington Avenue
Scranton, Pennsylvania 18503
(570) 343-6285; FAX: (570) 343-6225
Federal Public Defender
One Executive Plaza, Suite 302
330 Pine Street
Williamsport, Pennsylvania 17701
(570) 323-9314; FAX: (570) 323-9836

Branches:
Federal Public Defender
124 South Euclid Suite 202
Pierre, South Dakota 57501
(605) 224-0009; FAX: (605) 224-0010

Capital Habeas Unit
100 Chestnut Street, Ste. 306
Harrisburg, PA 17101
(717) 782-3843; FAX (717) 782-3966

Federal Public Defender
221 South Phillips Avenue Suite 202
Sioux Falls, South Dakota 57104
(605) 330-4489; FAX: (605) 330-4499

PUERTO RICO (1st Circuit)
Joseph C. Laws, Jr.
Federal Public Defender
241 F. D. Roosevelt Avenue
San Juan, Puerto Rico 00918-2114
(787) 281-4922; FAX: (787) 281-4899
fpdo@coqui.net

TENNESSEE (6th Circuit)
Middle
Henry Alan Martin
Federal Public Defender
810 Broadway, Suite 200
Nashville, Tennessee 37203
(615) 736-5047; FAX: (615) 736-5265

SOUTH CAROLINA (4th Circuit)
Parks N. Small
Federal Public Defender
Southern National Bank Building
1901 Assembly Street, Suite 200
Columbia, South Carolina 29201
(803) 765-5070; FAX: (803) 765-5084

Western
Stephen B. Shankman
Federal Public Defender
200 Jefferson Avenue, Suite 200
Memphis, Tennessee 38103
(901) 544-3895; FAX: (901) 544-4355

Branches:
Federal Public Defender
145 King St., Ste. 325
Charleston, South Carolina 29401
(843) 727-4148; FAX: (843) 727-4179

TEXAS (5th Circuit)
Northern
Ira R. Kirkendoll
Federal Public Defender
U.S. Federal Building
525 Griffin Street, Suite 629
Dallas, Texas 75202
(214) 767-2746; FAX: (214) 767-2886

Federal Public Defender
501 McBee Building, Suite 202
Greenville, South Carolina 29601
(864) 235-8714; FAX: (864) 235-2418
Federal Public Defender
P.O. Box 1873 (29503-1873)
401 West Evans Street - Room 221
Florence, South Carolina 29501
(843) 662-1510; FAX: (843) 667-1355

94

Branches:
Federal Public Defender
819 Taylor Street, Room 9A10
Fort Worth, TX 76102
(817) 978-2753; Fax: (817)978-2757

Mailing Address
Federal Public Defender
Post Office Box 1562
Laredo, Texas 78042-1562

Federal Public Defender
1205 Texas Avenue, Room 506
Lubbock, Texas 79401
(806) 472-7236; FAX: (806) 472-7241

Office Location
Federal Public Defender
1501 Matamoros Street
Laredo, TX 78040-4912
(956) 753-5313; FAX: (956) 753-5317

Federal Public Defender
Amarillo National Bank, Plaza Two
500 South Taylor, Suite 110
Amarillo, Texas 79101
(806) 324-2370; FAX: (806) 324-2372

Federal Public Defender
1701 Bentsen Tower
W. Business Hwy. 83, Suite 405
McAllen, Texas 78501-5159
(956) 630-2995; FAX: (956) 631-8647

Southern
Marjorie A. Meyers
Federal Public Defender
Post Office Box 61508
Houston, Texas 77208-1508
(713) 718-4600; FAX: (713) 718-4610

Western
Lucien B. Campbell
Federal Public Defender
Federal Building - Hemisfair Park
727 East Durango Blvd., B-207
San Antonio, Texas 78206-1278
(210) 472-6700; FAX: (210) 472-4454

Office Location:
Lyric Office Center
440 Louisiana Street, Suite 310
Houston, Texas 77002-1634

Branches:
Federal Public Defender
Federal Building, 700 East San Antonio,
D-401
El Paso, Texas 79901-7001
(915) 534-6525; FAX: (915) 534-6534

Branches:
Mailing Address
Federal Public Defender
Post Office Box 2163
Brownsville, Texas 78522-2163

Federal Public Defender
Federal Building, Suite A-215
2400 Veterans Blvd., Suite 21-B
Del Rio, Texas 78840-3136
(830) 703-2040; FAX: (830) 703-2047

Office Location
Federal Public Defender
U.S. Federal Building & Courthouse
600 E. Harrison, Room 102
Brownsville, Texas 78520-7114
(956) 548-2573; FAX: (956) 548-2674

Federal Public Defender
800 Brazos, Suite 490
Austin, Texas 78701
(512) 916-5025; FAX: (512) 916-5035

Mailing Address
Federal Public Defender
Post Office Box 23011
Corpus Christi, Texas 78403-3011

Federal Public Defender
712 West Holland Avenue
Alpine, Texas 79830-5020
(432) 837-5598; FAX: (432) 837-9023

Office Location
Federal Public Defender
Wilson Plaza, Suite 401
606 N. Carancahua
Corpus Christi, Texas 78476-0401
(361) 888-3532; FAX: (361) 888-3534

95

Eastern
G. Patrick Black
Federal Public Defender
200 East Ferguson, Suite 407
Tyler, Texas 75702
(903) 531-9233; FAX: (903) 531-9625

VIRGIN ISLANDS (3rd Circuit)
Thurston T. McKeIvin
Federal Public Defender
1115 Strand Street
Post Office Box 3450 – Christiansted
St. Croix, Virgin Islands 00820
(340) 773-3585; FAX: (340) 773-3742

Branch:
Federal Public Defender
350 Magnolia, Suite 117
Beaumont, Texas 77701
(409) 839-2608; FAX: (409) 839-2610

Branch Mailing Address
Federal Public Defender
Post Office Box 1327
St. Thomas, Virgin Islands 00804
(340) 774-4449; FAX: (340) 776-7683

Federal Public Defender
1800 Teague Drive, Ste. 204
Sherman, Texas 75090
(903) 892-4448; FAX: (903) 892-4808

Branch Office Location
#51-B Kongens Gade, Suite #1
Chartlotte Amalie
St. Thomas, Virgin Islands 00802
(340) 774-4449; FAX: (340) 776-7683

UTAH (10th Circuit)
Steven B. Killpack
Federal Public Defender
American Towers, Suite-110
46 West Broadway
Salt Lake City, Utah 84101
(801) 524-4010; FAX: (801) 524-4023

WASHINGTON (Western) (9th Circuit)
Thomas W. Hillier, II
Federal Public Defender
Westlake Center Office Tower
1601 Fifth Avenue, Ste. 700
Seattle, Washington 98101
(206) 553-1100; FAX: (206) 553-0120

VIRGINIA (Eastern) (4th Circuit)
Frank W. Dunham, Jr.
Federal Public Defender
1650 King Street Suite 500
Alexandria, Virginia 22314-5798
(703) 600-0800; FAX: (703) 600-0880

Branch:
Federal Public Defender
1551 Broadway, Suite 400
Tacoma, Washington 98402
(253) 593-6710; FAX: (253) 593-6714

Federal Public Defender
150 Boush St., Ste. 403
Norfolk, VA 23510
(757) 457-0800; FAX: (757) 457-0880

WEST VIRGINIA (4th Circuit)
Northern
Brian J. Kornbrath
Federal Public Defender
The Huntington Bank Building
230 West Pike Street, Ste. 360
Clarksburg, West Virginia 26302
(304) 622-3823; FAX: (304) 622-4631

Federal Public Defender
830 East Main Street, Suite 1100
Richmond, VA 23219
(804) 343-0800; FAX: (804) 648-5033

Southern
Mary Lou Newberger,
Federal Public Defender
300 Virginia Street East. Room 3400
Charleston, West Virginia 25301-2523
(304) 347-3350; FAX: (304) 347-3356

96

Resource List 2: Organizations Assisting Detained Immigrants
CLINIC Los Angeles
1530 James Wood Boulevard
Box 15095
Los Angeles, CA 90015
(213) 251-3505 (tel.)
(213) 487-0986 (fax)
(free legal service program for
detainees at Lancaster and San
Pedro facilities)

American-Arab AntiDiscrimination Committee
(ADC)
Legal Department
1732 Wisconsin Avenue, NW
Washington, DC 20007
(202) 244-2990 (tel.)
(202) 244-7968 (fax)
legal@adc.org

CLINIC Miami
3900 NW 79th Avenue, Suite 564
Miami, FL 33166
(305) 436-5730 (tel.)
(305) 436-5863 (fax)

United Nations High
Commissioner for Refugees
UNHCR Regional Office for the
United States and the Caribbean
1775 K Street, NW, Suite 300
Washington, DC 20006
(202) 296-5191 (tel.)
(202) 296-5660 (fax)
(assistance provided to asylum-seekers,
refugees, and stateless persons)

CLINIC Newark
Catholic Community Service
976 Broad Street
Newark, NJ 07102
(973) 733-3516 (tel.)
(973) 733-9631 (fax)

World Organization For Human
Rights USA

CLINIC New Orleans
Loyola University Law Center
7214 Street Charles Avenue, Box 902
New Orleans, LA 70118

1725 K Street, N.W., Suite 610
Washington, D.C. 20006
(202) 296-5702 (tel.)
(202) 296-5704 (fax)
info@humanrightsusa.org
(mostly gender claims, FGM, sexual
orientation, and rendition cases)

CLINIC Newton
CLINIC/Boston College
Immigration and Asylum Project
885 Centre Street
Newton, MA 02459
(617) 552-0593 (tel.)
(617) 552-2615 (fax)

Catholic Legal Immigration
Network (CLINIC), Inc.
The McCormick Pavilion
415 Michigan Avenue, NE, Suite 150
Washington, DC 20017-4503
(202) 635-2556
national@cliniclegal.org
See following local CLINIC offices

CLINIC San Francisco
564 Market Street, Suite 416
San Francisco, CA 94104
(415) 362-8677 (tel.)
(415) 394-8696 (fax)
97

Immigrant and Refugee
Appellate Center, LLC

Florence Immigrant & Refugee
Rights Project
P.O. Box 654
Florence, AZ 85232
(520) 868-0191 (tel.)
(520) 868-0192 (fax)
mail@mail.firrp.org
(Arizona detainees only)

Thomas Hutchins, Esquire
6121 Lincolnia Road, Suite 300
Alexandria, VA 22312
(703) 916-7689 (tel.)
(703) 916-7690 (fax)
irac.center@verizon.net
(Prefer mental illness cases)

Freedom House

Immigration Equality

2630 W. Lafayette
Detroit, MI 48216
Contact: Laurel (ext. 830)
(313) 964-4320 (tel.)
(313) 963-1077 (fax)
freedomhousemi@sbcglobal.net

350 West 31st Street, Suite 505
New York, NY 10001
(212) 714-2904
(unable to accept collect calls;
LGBT [lesbian, gay, bisexual, and
transgender] and HIV-positive
detainees only)

Hate Free Zone Campaign of
Washington
4860 Rainier Avenue S.
Seattle, WA 98118
Contact: Heather Hallman (ext. 205)
(206) 723-2203 (tel.)
(206) 629-7717 (fax)
info@hatefreezone.org
www.hatefreezone.org
(assists detainees in obtaining legal
assistance, primarily in Washington State)

Immigration Services
Catholic Social Services

680 West Peachtree Street NW
Atlanta, GA 30308
(404) 885-7461
(Georgia detainees only; advice,
self-help materials, and referrals
only)

Legal Aid Society
199 Water Street
New York, NY 10038
(212) 577-3330
(collect calls accepted Wednesdays
1-5 p.m. at (212) 577-3456)

Immigrant Law Center of
Minnesota

450 North Syndicate Street #175
St. Paul, MN 55104
(651) 641-1011
(Minnesota, North Dakota, and South
Dakota detainees only)

98

Midwest Immigrant and Human
Rights Center (MIHRC)
Heartland Alliance

Political Asylum Project
of Austin

314 E. Highland Mall Boulevard,
Suite 501
Austin, TX 78752
(512) 478-0546 (tel.)
(512) 476-9788 (fax)
(only accept cases within San
Antonio EOIR jurisdiction)

208 S. LaSalle Street, Suite 1818
Chicago, IL 60604
(312) 263-0901
(collect calls accepted Tuesdays 11 a.m.2 p.m.)

National Immigration Project

South Texas Pro Bono
Asylum Representation
Project (ProBAR)

14 Beacon Street, Suite 602
Boston, MA 02108
(617) 227-9727 (tel.)
(617) 227-5495 (fax)
www.nationalimmigrationproject.org

301 E. Madison Avenue
Harlingen, TX 78550
(956) 425-9231 (tel.)
(956) 425-9233 (fax)
probar@sbcglobal.net
www.abanet.org/publicserv/
immigration/ProBAR.html
(South Texas cases)

National Lawyers Guild
143 Madison Avenue, Fourth Floor
New York, NY 10016
(212) 679-5100 ext. 14
(415) 285-1055 (hotline for detainees in
San Francisco Bay area who have been
detained post-9/11)
nlgmember@nlg.org

Volunteer Advocates for
Immigrant Justice (VAIJ)
1201 3rd Avenue, Suite 4800
Seattle, WA 98101
(206) 359-6200 (tel.)
(206) 447-1541 (fax)
www.abanet.org/publicserv/
immigration/VAIJ.html
(Northwest states cases)

NYSDA Immigrant Defense
Project
25 Chapel Street, Suite 703
Brooklyn, NY 11201
(718) 858-9658 ext. 201 (tel.)
(800) 391-5713 (fax)
www.immigrantdefenseproject.org

Quesiyah S. Ali, Esq.

Political Asylum/Immigration
Representation (PAIR) Project

1350 Plumtree Road
Springfield, MA 01119-2939
(860) 240-3523
(Massachusetts and Connecticut
detainees only)

14 Beacon Street, #804A
Boston, MA 02108
Contact: Sarah Ignatius
(617) 742-9296
(Connecticut, Massachusetts, New
Hampshire, Rhode Island, and Vermont
detainees only)
99

Carr & Mattes, P.C.

Law Offices of Roy Petty

Troy J. Mattes, Esq.
126 E. Chestnut Street
Lancaster, PA 17602
(717) 299-8877 (tel.)
(717) 299-1535 (fax)
(York County Prison detainees only)

114 S. First Street, Suite 201
Rogers, AR 72756
(479) 621-9150 (tel.)
(479) 621-9182 (fax)
roy@pettylaw.com
(Arkansas and Louisiana
detainees only)

Linda Mansour

Law Office of Teplen &
Associates, P.L.L.C.

2909 W. Central Avenue
Toledo, OH 43606
(419) 535-7100
lindamansour@aol.com
(Ohio and Michigan detainees; specialize
in juvenile cases)

350 Fifth Avenue - Suite 5720
(Empire State Building)
New York, NY 10118-5720
(212) 401-4040 (tel.)
(800) 244-5266 (toll free)
(212) 401-4041 (fax)
info@teplenlaw.com
www.teplenlaw.com
(New York and New Jersey cases
only)

The Law Office of Theodore N.
Cox
401 Broadway, Suite 701
New York, NY 10013
(212) 925-1208 (tel.)
(347) 400-1212 (mobile)
(212) 925-5188 (fax)
ted@tedcoxlaw.com

100

 

 

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