Immigration Detention Challenges

Habeas corpus and due process challenges to immigration detention

Immigration Federal Court Litigation

<h2>Challenging Immigration Detention</h2><p>Federal district courts have habeas corpus jurisdiction to review the legality of immigration detention under 28 U.S.C. § 2241. The Supreme Court has recognized constitutional limits on immigration detention, particularly for prolonged detention without adequate process.</p><h2>Key Detention Issues</h2><ul><li><strong>Prolonged detention:</strong> Due process challenges to indefinite detention pending removal (<em>Zadvydas v. Davis</em>)</li><li><strong>Bond hearings:</strong> Right to bond hearing after prolonged mandatory detention (<em>Jennings v. Rodriguez</em>)</li><li><strong>Conditions of confinement:</strong> Challenges to detention facility conditions</li><li><strong>Expedited removal:</strong> Challenges to expedited removal procedures (<em>DHS v. Thuraissigiam</em>)</li></ul>

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