New Mexico Habeas Project
The New Mexico Habeas Project, a collaboration between the New Mexico Immigrant Law Center, ACLU of New Mexico, and Innovation Law Lab, seeks attorneys to provide pro bono representation to unlawfully detained noncitizens. Pro bono attorneys will file petitions for habeas corpus for these noncitizens in federal court based on guidance provided by the Habeas Project. An attorney does not need experience in immigration law to work with the Habeas Project. We recommend that the attorney have experience with litigation in federal court, but this is not required.
Attorneys must be admitted or able to gain admission to the federal District of New Mexico (instructions on admission here).
If you have any questions, please contact nmhabeas@nmilc.org.
Training & Support
The Habeas Project will provide training on all steps of constructing and filing a habeas petition, including:
Guidance on scheduling legal calls at detention facilities
Templates and sample habeas petitions
Video instructions for filing through PACER
Guidance on seeking fees under the Equal Access to Justice Act if the petition is successful
The Habeas Project will also host weekly office hours where pro bono attorneys can pose questions to Project attorneys.
Types of Claims
Common types of claims brought in habeas petitions include:
Challenging wrongful classification as subject to mandatory detention without bond
Unlawful re-detention after prior release without a pre-deprivation hearing
Prolonged detention after the immigration case has completed
Attorney Responsibilities
The pro bono attorney will take complete ownership of the habeas petition. Responsibilities include:
Establishing contact with the client and entering into a retainer agreement
Collecting factual information necessary to complete the habeas petition
Filing the petition and any necessary associated filings, including an Application for an Order to Show Cause or Motion for Temporary Restraining Order
Responding to all government communications and briefing
Representing the client at all court hearings
Communicating with immigration counsel, if applicable
Who Can Volunteer
An attorney does not need experience in immigration law to work with the New Mexico Habeas Project.
The New Mexico Habeas Project will provide assistance on technical questions of immigration law that arise during the representation.
It is recommended that the attorney have experience with litigation in federal court, but this is not required.
Get Involved
You can sign up to volunteer with the Project here.
If you have any questions, please contact nmhabeas@nmilc.org.