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).
Interested in joining the NM Habeas Project?
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.
Resources and Training Materials
Access the training course for Pro Bono Attorneys interested in joining the Habeas Project below:
See below for a Pro Se Habeas Guide in English and Spanish:
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.
NM Habeas Project Wins!
April 20 – September 28, 2026
Granted June 12, 2026
HFB spent over 2 years in detention once his removal order became final. NMHP Pro Bono Attorney filed his habeas petition on May 7, 2026. The judge granted HFB's petition on June 12, 2026, and ordered his immediate release from detention.
Granted July 9, 2026
In April 2026, ICE arbitrarily detained WVPS after passing through a Border Patrol checkpoint. WVPS had previously entered the US as an unaccompanied minor and had been properly released from custody into the US, where he lived ever since. NMHP Pro Bono Attorney filed his habeas petition on June 23, 2026. The judge granted his habeas petition on July 9, 2026, and ordered his immediate release.
Granted August 7, 2026
ICE detained HVV on September 9, 2025, during an ICE check-in, even though he had been complying with his immigration requirements since his entry to the US. NMHP Pro Bono Attorney filed his habeas petition on June 19, 2026, and the judge granted it on August 7, 2026, and ordered his immediate release.
Granted August 11, 2026
An immigration judge granted MCM protection under the Convention Against Torture (otherwise known as "CAT") on February 18, 2026. 18 months after the Immigration Judge granted CAT, he ordered MCM's release. ICE refused to comply with the release order. NMHP Pro Bono Attorney filed his habeas petition on June 5, 2026. The judge granted the petition on August 11, 2026, and ordered his immediate release.
Granted August 14, 2026
Brothers DTH and FTH both entered the US as unaccompanied minors and were properly released into the US, where they have lived ever since. In June 2025, ICE arrested both brothers while they were on their way to work. NMHP Pro Bono Attorney filed a habeas petition on August 7, 2026. The judge granted their petition on August 14, 2026, and ordered their immediate release.
Granted September 21, 2026
AT entered the US on April 30, 2025, and remained in detention long after his removal order became final on February 27, 2026. NMHP Pro Bono Attorney filed his habeas petition on August 26, 2026. The judge granted his petition on September 21, 2026, and ordered his immediate release.