These templates are designed to be used to seek habeas relief for putative Fanfan class members while we await class-wide relief and as long as any class members remain detained in ICE custody. In addition to putative Fanfan class members, others who were subject to re-detention who are not subject to a final order may also benefit from these templates, with appropriate adjustments for the context in which they were re-detained.

The Center for Human Rights and Constitutional Law hosted a free CLE webinar, When Release is Not the End: Challenging Immigration Re-Detention, on Wednesday, March 25, 2026. Led by Monika Langarica, lead attorney on Fanfan v. Noem, this training examines the government’s growing use of immigration re-detention, the legal issues it raises, and the tools advocates are using to fight back, including habeas petitions and broader class action litigation challenging the practice.

Alarm over the Supreme Court’s expanding use of the shadow docket continues to grow, particularly in immigration cases, where the Trump administration has relied on emergency orders to accelerate a violent immigration enforcement campaign that inflicts severe harm on immigrant communities, especially communities of color. The Stanford Center for Racial Justice aptly captures this dynamic in a recent blog post : “ Where it concerns immigration policy, the shadow docket has be