Requesting Referrals for Habeas Scope
ECO provides referral and funding support for habeas corpus for ECO members. Habeas is considered an essential affirmative remedy. Providers are encouraged to request referrals and being specific as to the theory or theories. Generally, ECO will generate referrals for
- arbitrary redetentions after release under INA § 236;
- arbitrary redetentions after parole under INA § 235 (INA § 212(d));
- arbitrary redetentions after release under INA § 241 (OSUP);
- indefinite detentions under INA § 241, unlawful arrests when the petition is filed immediately after the arrest challenging custody incident to arrest; and,
- arbitrary denials of bond by an IJ after a bond hearing under INA § 236 (a bond appeal should be filed or there must be an acceptable reason why no bond appeal was filed).
- ECO will also general habeas referrals for colorable extensions of these theories or other colorable theories.
