The emergency stay of removal and who decides it, expedited removal at the border and the fear claim that interrupts it, the credible fear interview and review by a judge, habeas where no other court will hear the detention, parole and release requests, reinstated orders and the narrow objection to them, and the filing mechanics when the clock is measured in hours.
A habeas application may be signed and verified by the person for whose relief it is intended or by someone acting on that person's behalf. Courts require a next friend to explain why the detainee cannot proceed personally and to show a genuine relationship and dedication to the detainee's interests. The showing is made in the petition itself, and a next friend does not become a party or acquire authority over decisions the detainee can still make.
Parole into the United States may be authorized temporarily, on a case-by-case basis, for urgent humanitarian reasons or significant public benefit. A request is made on the prescribed application with supporting evidence of the urgency, the intended duration, and the arrangements for support. A grant permits physical presence without admission, is time-limited, confers no status and can be terminated. It is not a substitute for a visa and does not create eligibility for anything else.
A temporary administrative stay is a short holding order entered so that a court can read an emergency motion without the subject of the motion disappearing while it does. It is not a ruling on the stay factors and carries no assessment of the merits. It is requested in the opening lines of the motion, states its own expiry, and a single judge can often enter it when the full panel cannot be assembled.
The agency operates a public online system for locating people in its custody, searchable by identifying number or by name with country of birth and date of birth. It does not cover everyone, does not reflect movements instantly, and returns nothing for people held at some stages of processing. Where it fails, confirmation is pursued through the field office and the facility directly, and the time of every check should be recorded.
Where an officer finds that a person has reentered unlawfully after removal or after departing under an order, the prior order is reinstated from its original date. The statute states that the order is not subject to being reopened or reviewed, that the person may not apply for relief, and that removal may occur at any time after the reentry. The regulation requires three findings: a prior order, identity, and unlawful reentry, with fingerprint verification in disputed cases.
Habeas jurisdiction is ordinarily assessed at the time the petition is filed, so a transfer that occurs afterward does not usually deprive the court of the case. A transfer before filing changes the district and the proper respondent entirely. The practical protections are confirming custody immediately before filing, asking the court for notice of any intended transfer, and monitoring the public locator throughout.
