Detention Triage Checklist - Visalaw AI
Free Checklist · Family & Humanitarian Practice

Your client is detained. Is this a habeas case?

A four-gate checklist for the decision you have to make before you draft anything. Three pages, built for the first call.

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Detention Triage

4 gates · 3 pages
Gate 1Custody and jurisdiction

District of confinement, immediate custodian, pending transfers, and which detention provision the government is actually asserting.

Gate 2Is habeas the right vehicle?

Separating the custody question from the removal order, exhaustion, and whether an IJ has bond authority at all.

Gate 3Theory selection

Seven statutory and constitutional theories to test, plus how to plan for the government's frame. Flags where the Fifth Circuit's recent line has narrowed things.

Gate 4Emergency posture

Whether you need a TRO alongside the petition, and what the record has to show before you ask for one.

A working document, not an overview.

Federal habeas has moved from a specialty practice to something family and humanitarian practitioners are asked to handle on short notice. A client gets detained and the question arrives that week.

This checklist is built to sit next to you on the first call, when you have a facility name, a partial story, and no time. It also includes twelve items to get from the family while you still have them on the phone.

The triage is the hard part.

Writing the petition is work you already know how to do. Deciding whether this case belongs in district court, which theories survive in your circuit, and whether it is an emergency is the part that eats an evening.

Eligibility and Remedy

Whether the case fits federal habeas, and the most viable procedural and substantive paths, with jurisdiction- and circuit-specific guidance.

Habeas Theory Generator

Helps organize possible statutory and constitutional theories for attorney review, based on the confirmed facts, procedural posture, and governing circuit.

Emergency and TRO Readiness

Whether the case fits emergency relief or a TRO, and which evidentiary and procedural gaps to close first.

Humanitarian Drafting

VAWA self-petitions, U and T visas, humanitarian parole, I-601 and I-601A waivers, and non-LPR cancellation of removal.

Every skill returns a structured starting point for attorney review, not a filing. The platform runs against a closed corpus of immigration law rather than the open web, and it does not decide your case for you.

"ChatGPT, Gemini and all those platforms are not really confidential. That's one of the things that drew us to Visalaw AI."
Luis Rondon Immigration Attorney

Why Visalaw

Purpose-built for immigration work.

We use trusted data and purpose-built AI to help immigration lawyers work more efficiently, stay accurate as regulations shift, and practice with confidence and integrity.

Closed Immigration-Law Corpus

Answers are grounded in immigration-law sources, not the open web.

No-Retention API

Client data is not used to train third-party models.

SOC 2 Type 2

Security controls are independently audited.

FAQ

Is the checklist actually free?
Yes. Fill in the form and the download opens on the next page. We also email you a copy. There is no call requirement and no trial attached to it.
Is this legal advice?
No. It is general practice information for licensed attorneys. Detention law is moving quickly and the circuits are split, so verify every authority against current law in the district of confinement before you rely on it.
Do I have to be a Visalaw AI customer?
No. The checklist stands on its own. If you want to see how the habeas workflows work, book a 20-minute demo. We'll use a sample fact pattern.
What happens to my email address?
We may send occasional practice updates. We do not sell or share it, and you can unsubscribe from any email.
Does the platform decide whether to file?
No. Every skill returns a structured starting point for attorney review. Strategy, judgment, and the filing decision stay with you.

Get the checklist, or see the workflow behind it.

Download the checklist

Four gates and a first-call ask list, in three pages. Free, no call required.

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See the research workflow

A 20-minute demo with our sales team, using a sample fact pattern. No preparation needed.

Book a Demo

This checklist is general practice information for licensed attorneys. It is not legal advice, it does not create an attorney-client relationship, and it is not a substitute for independent research. Confirm all authorities and local procedures in the district of confinement before filing.