Non-citizens with final orders of removal on an order of supervision who report to scheduled check-ins with Immigration and Customs Enforcement (ICE) increasingly face arrest and transfer to detention centers. This is the case even when they have been living in the community, complying fully with an order of supervision (OSUP), and attending immigration check-ins without incident for years.
This advisory outlines arguments to prevent arrest or seek release from detention for a non-citizen with a final order of removal whose order of supervision has been or may be revoked at an ICE check-in.
The advisory:
- Briefly summarizes the relevant law and regulations governing revocation of an OSUP pursuant to 8 U.S.C. § 1231(a)(3) & (a)(6) and 8 C.F.R. § 241.4(l)(1) & (2);
- Outlines legal theories practitioners should consider using to challenge the re-detention or threatened re-detention of a client who was previously released under an OSUP;
- Discusses responses to anticipated jurisdictional challenges by the government;
- Provides a template habeas corpus petition and complaint in federal court challenging re-detention, which must be adapted to fit the facts of a given case and the procedural requirements and controlling precedent of a specific jurisdiction
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September 24, 2025
Template habeas corpus petition and complaint in federal court challenging re-detention (Click here to download the editable file as a Word doc)
September 24, 2025
Practice Advisory: Challenging Revocation of Orders of Supervision through Habeas Corpus