Recent months have seen increased enforcement actions involving noncitizens who are prima facie eligible for U nonimmigrant status or who have long-pending U visa petitions, yet find themselves detained and facing imminent removal. In response, practitioners are increasingly turning to habeas corpus as an emergency litigation tool to challenge unlawful detention, improper execution of removal orders, and agency failures to honor statutory and regulatory protections afforded to U visa applicants.

This roundtable will bring together practitioners actively litigating these cases to discuss when habeas is viable, how courts are analyzing jurisdiction and relief, and how to strategically coordinate habeas filings with motions to reopen, stays of removal, and agency advocacy. The discussion will focus on practical considerations, recent case law, and lessons learned from both successful and unsuccessful filings.

Discussion Topics

• Overview of the statutory and regulatory framework governing U visa eligibility, bona fide determinations, deferred action, and work authorization
• Common factual scenarios leading to detention of U visa beneficiaries, including old removal orders, reinstatement issues, and post-conviction enforcement
• Habeas jurisdiction in the U visa context, including custody requirements, proper respondents, and venue considerations
• Interaction between 8 U.S.C. § 1252 jurisdiction-stripping provisions and district court habeas authority
• Use of habeas to challenge prolonged or unlawful detention versus use as an emergency vehicle to halt imminent removal
• Recent district court decisions addressing habeas claims

AILA Video Roundtables are free interactive learning opportunities hosted by faculty selected for their expertise, with an emphasis on discussion and Q&A. This roundtable is available only to AILA members and is not CLE eligible. The free recording will be available 7-10 business days following the live event.