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  • Minnesota Habeas Project Intake Form

     

    This Form is for advocates to ask for a free lawyer to file a federal court habeas corpus petition on behalf of a detained immigrant. A habeas corpus petition (sometimes called just “habeas”) is a lawsuit filed in federal court. It asks a judge to order someone’s release from immigration detention. You are filing this Form on behalf of a Minnesota immigrant community member who has been unlawfully detained by Immigration and Customs Enforcement (ICE). Not every person in ICE detention is eligible for a habeas petition, and some issues might be more complicated than others, so this Form helps intake lawyers assess what options might be available. Before completing this Form, please review this information about the Minnesota Habeas Project.

    Things to know about submitting this Form:

    • Submitting this Form does not guarantee that we will find a lawyer to file a habeas petition for the detained person.
    • The information submitted through this Form will be shared with a group of nonprofit legal service providers, law school clinics, and pro bono law firms that make up the Minnesota Habeas Project.
    • By submitting this Form, you are acting as an agent of the person detained / prospective client. You are their agent for seeking legal advice and counsel to file a habeas petition. All information in this Form is privileged and confidential attorney-client communication and attorney work product.
    •  This Form refers to the person detained as “the client.”
    •  Please complete each section of the Form.

     

    IMPORTANT NOTE: For the initial phase of this Project, we are only accepting intakes from legal representatives who represent the detained client in their immigration proceedings. At this time we are not accepting intakes completed by family members/loved ones of detained individuals.

  • Does this case need an emergency habeas petition today/tonight?

  • ABOUT THE PERSON COMPLETING THIS FORM

  • Are you the client's immigration lawyer (or a legal professional working on the immigration lawyer's  behalf)?*

  • During the Project's initial phase, only lawyers/legal staff representing detained clients in their immigration proceedings may complete this Form.

  • Format: (000) 000-0000.
  • Free legal services are limited, but would you like the client's information to be shared with legal service providers in Minnesota to see if they can help them with their immigration case?
  • Is there another person in contact with the client who has permission to talk to people about the case? (It could be a close family member or friend).*

  • ABOUT THE DETAINED CLIENT 

    Please answer with as much information as you have. If you don’t know the answer and the information is required, write “I don’t know.”

  • Does the client have funds to pay a habeas lawyer?*

  • The client is not eligible for help from the Minnesota Habeas Project. Please do not complete the rest of this Form. [Here] is a list of some lawyers who take habeas cases.

  • The client’s recent arrest by immigration

  • The Client’s Immigration History

  • How did the client enter the United States?*
  • If the client crossed the border without permission, did immigration officials detain them at the border?*
  • When was the client’s first interaction with U.S. immigration enforcement?
  • Client’s current immigration status (check all that apply)*
  • The client’s immigration court case: (you can check here: https://acis.eoir.justice.gov/en/) [check all that apply]*
  • Has a motion to reopen been filed?
  • Before ICE detained the client, was the client on an “order of supervision”? (applies to some people who have a final removal order)*
  • Has the client had interactions with law enforcement other than immigration enforcement (arrests, citations, convictions, pleas, etc.)?*
  • Has the client ever had a bond hearing at immigration court?*
  • Does the client have a safe space where they can stay if they are released?*

  • Documents to upload or email to mnhabeasproject@umn.edu, if available:

    • Notice to Appear
    • Form I-213
    • If client was previously released by immigration officials, their release documents (for example, Order of Release on Recognizance, Order of Supervision)
    • Copy of work permit
    • Proof of current immigration status or of pending application (e.g. receipt or approval notice)
    • For unaccompanied child: ORR Verification of Release Form or other proof of unaccompanied child determination
    • A-file FOIA results
    • EOIR file FOIA results
    • Form I-94
    • Form I-485
    • Any other relevant documents related to your answers above
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