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While the ideological shift brought by the Trump Supreme Court appointments is well understood, far less understood is how the Court has transformed its own procedures through the rapid expansion of the so-called “shadow docket.” Today, the Court is increasingly using this accelerated, opaque process to resolve some of the country’s most consequential and controversial cases - with only limited briefing, no oral argument, and decisions that include little or no legal reasonin

This introductory training is designed for immigration attorneys seeking a practical foundation in federal immigration habeas litigation and will cover how to evaluate potential habeas claims, draft and file a petition, and navigate key procedural considerations in the early stages of a case.

The federal suit, filed in the U.S. District Court for the Southern District of California, is challenging U.S. Immigration and Customs Enforcement’s (“ICE”) practice of deliberately targeting and re-detaining people with ongoing immigration court proceedings, who the government had previously cleared for release, as contrary to the Due Process Clause of the U.S. Constitution’s Fifth Amendment, the Immigration and Nationality Act, and the Administrative Procedure Act. 

This training will explain the ICE policy memorandum issued earlier this year that, departing from decades of prior practice, authorizes the routine arrest, detention, and deportation of immigrant survivors, including those with pending U- and T- visa applications or grants of deferred action.

Following a July 24, 2025 public hearing held by the Inter-American Commission on Human Rights (IACHR) that examined widespread human rights and refugee law violations inflicted by the U.S. government, a coalition of immigrants’ rights organizations that participated in the hearing submitted a follow-up report to the Commission this week.