Fanfan v. Noem Template Habeas Petitions.
- Center for Human Rights and Constitutional Law
- Mar 27
- 2 min read
Updated: 3 days ago
These templates were created by the Immigrants’ Rights Policy Clinic, part of the Center for Immigration Law and Policy at the UCLA School of Law, with support from the Center for Human Rights and Constitutional Law, co-counsel in Fanfan v. Noem, No. 3:25-cv-03291-DMS-BJW, 2025 WL 3563739 (S.D. Cal.).
These materials are intended for use by pro-bono practitioners who are offering their services free of charge to community members in need. If you have questions about these materials, or if the government raises issues not contemplated by these materials and you would like to discuss, please reach out to the Fanfan litigation team at lopezfranco@law.ucla.edu and monika@centerforhumanrights.org. Thank you for supporting community members during these unprecedented times.
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BACKGROUND INFORMATION
Fanfan v. Noem is a lawsuit in the Southern District of California challenging ICE’s practice of arbitrarily re-detaining individuals at ICE check-ins and appointments in San Diego. The lawsuit challenges this practice on behalf of a class of individuals who are in ongoing INA 240 removal proceedings, and who have been previously released from Department of Homeland Security (DHS) custody.
While the three individual petitioner-plaintiffs in Fanfan have been released pursuant to a temporary restraining order, a class certification motion as well as a motion for preliminary relief under section 705 of the Administrative Procedure Act (APA) remain pending. Argument on both motions is currently scheduled for May 12, 2026, before Judge Sabraw.
TEMPLATE USE AND NOTES
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. Note that individuals with final removal orders who are released under orders of supervision may have distinct legal arguments.Â
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Below are the following template materials:
Habeas Packet Instruction Sheet for Practitioners
Civil Cover Sheet and Addendum to Civil Cover Sheet (form required to initiate a civil case in the District Court for the Southern District of California)
Habeas Petition (Primary document required to open case and requesting Petitioner’s release)
Notice of Related Case (Required by local rules to indicate that this case relates to Fanfan and should be assigned to Judge Dana M. Sabraw for judicial economy purposes)
Motion for Temporary Restraining Order (Motion requesting urgent, ex parte relief while habeas petition is litigated, which may result in speedier release)
Attorney Declaration (Declaration in support of TRO Motion)
Proposed Order (Required as part of filing of TRO Motion, to be submitted via email to the judge’s chambers as word document)