United States District Court - Northern District of Illinois

General Rules

Rule 24

Rule 24 Petitions For Habeas Corpus In Deportation Cases --- Service Of Writ In Such Cases

A. Appeal From An Order Of A Special Inquiry Officer

Where an appeal from an order of a Special Inquiry Officer is permitted by law, the petition must show that the alien has taken such an appeal to the Board of Immigration Appeals and that the appeal has been denied.

B. Contents of Petition

In complying with the requirements of 28 U.S.C. §2242, the petitioner shall specify the acts which have deprived the petitioner of a fair hearing or other reasons entitling petitioner to the relief sought. To the extent practicable, the petition shall state (1) that the facts recited have been obtained from the records of the Immigration and Naturalization Service; or (2) that access to such records has been refused, in which event the petition shall state when and by whom application was made and re fused; or (3) that the interval between the notice of deportation or exclusion and the date of deportation or exclusion is too short to allow an examination of the records. The petition shall further set forth the dates of the notice and the affirmance of the orders, the date set for departure, and the basis for inability to make the necessary examination.

C. Custody Not To Be Disturbed

Pending the determination of the writ, custody of the relator shall not be disturbed. After delivery of an alien to the officer in charge of the carrier used for departure, the writ shall be addressed to, and must be personally served upon, such officer while the alien is in his/her custody in order to be binding upon him/ her. Service may not be made upon a master after a ship has cast off her moorings. Upon service of the writ, the officer in charge shall immediately deliver the alien to the officer from whom he/she received him/her for custody until the return day. Such transfer of custody shall release the officer in charge from responsibility under the writ.