This practice advisory has four parts. The first part is an analysis of the laws governing the detention of UCs and recent decisions on the question of whether a writ of habeas corpus should be granted by a court. The second part includes a template form “Petition for Writ of Habeas Corpus” (Petition). The Petition is provided as a starting point only. Given the fact driven nature of habeas petitions, this Petition cannot address all points of law and fact that should be used in a particular case. Rather, it should be revised by advocates to address the unique circumstances of each UC’s claims. The third part includes a list of practical inquiries and procedural guidelines advocates may want to review in preparing their case. The fourth part is an appendix that includes a list of additional resources that may further aid advocates in preparing their case.
Under Additional Resources, you will also find a link to a webinar on this topic that took place on December 16, 2019.