In immigration defense, the constitutional right to a writ of habeas corpus is often the only mechanism available to challenge arbitrary or unlawful detention. However, for practitioners in Maryland, the ability to exercise this right is increasingly dictated by a narrow and unforgiving clock.
The Problem: A Geographic and Jurisdictional Race
The central challenge for Maryland attorneys is the state’s lack of long-term detention facilities. When an individual is detained, they are typically processed at temporary holding sites such as Frederick or Hagerstown before being transferred to the Fallon Building in Baltimore.
This creates a critical bottleneck:
- The 10-Hour Filing Window: Once a client is processed, practitioners generally have only 6 to 10 hours to file a habeas petition while the client remains physically present in the state.
- The Transfer Risk: If a client is moved before a petition is filed, they are often sent to jurisdictions within the Fifth Circuit, such as Texas or Louisiana, where recent rulings like Victor Buenrostro-Mendez v. Pamela Bondi (2026) have significantly restricted the legal bases for habeas relief.
- Loss of Precedent: Filing while the client is in Maryland ensures that Fourth Circuit precedents apply, providing a more favorable legal framework than the restrictive rules found in other regions.
MSBA is Developing Resources to Meet the Crisis
Recognizing the high stakes of these “midnight removals,” MSBA is actively developing a suite of technical resources to help members move from intake to filing in minutes, not days.
MSBA is committed to ensuring that Maryland’s legal community is equipped to defend the “Great Writ” even under the most compressed timelines. Stay tuned for the formal release of these practice materials on our website.