Habeas corpus: Court-ordered release no longer guarantees freedom
Winning release from detention no longer means staying free. The Guardian identified at least 20 cases nationwide in the past year in which people freed on habeas corpus petitions were detained again, often within days.
The trend follows a surge in filings: ProPublica counts more than 91,000 petitions since January 25, more than during the past three administrations combined. Attorneys say some re-arrests violate court orders. In Minnesota, seven men were reportedly re-detained before leaving the Whipple federal building.
Courts are responding. In October, the 10th Circuit rejected a government attempt to dismiss a petition, citing a “demonstrated pattern” of re-detention, and a Louisiana judge held a senior immigration official in contempt. Lawyers link many cases to third-country removals, with more than 25,000 people already deported to countries other than their own.
DV-2027: Appeals court pauses order to reopen lottery
The Green Card lottery remains closed for now. On October 14, a federal judge ordered the State Department to announce the registration period by October 29 and open it on November 1, calling the program’s suspension arbitrary. The administration appealed, and on October 29 a three-judge panel of the Ninth Circuit paused that order while the appeal continues.
The court did not decide whether the program must reopen, and it did not endorse the decision to keep registration closed. Early coverage said the court had suspended the lottery, but it was the administration that did so; the court only paused the order to reopen it. Up to 55,000 visas are available, with an issuance deadline of September 30, 2027.
No new registration dates have been announced.
New York City: Mayor threatens legal action over ICE use of park lots
New York City Mayor Zohran Mamdani sent a letter to Homeland Security Secretary Markwayne Mullin, acting ICE Director David Venturella, and New York Field Office Director Kenneth Genalo.
It asserts that ICE agents have staged operations in city-owned park lots without authorization, including at Van Cortlandt Park and adjacent to a preschool near Flushing Meadows Corona Park.
The mayor called this use unauthorized and illegal, warning the city will take legal action if it continues. DHS responded that ICE’s presence in public parking lots is fully authorized under federal law and standard practice for law enforcement agencies.
The dispute follows an October letter, signed by more than 100 elected officials, asking private property owners not to lease space to ICE for staging.
Bottom line
Release from detention can be reversed within days. A court order can open a lottery one week and be paused the next. Cities and federal agencies are now disputing even where operations may take place. Immigration rules are being tested in court almost daily, and relying on a single outcome is risky.
A dependable path to the U.S. starts with a plan that identifies suitable visa categories in advance, accounts for procedural requirements, and weighs potential risks — including alternatives if a lottery or a court ruling does not go your way.
SBL offers a Free evaluation of your immigration case. Submit a request today, and within 2 business days you will receive a clear assessment of your options, strengths, and risks before the rules change again.
This publication is for informational purposes only and does not constitute legal advice. It summarizes publicly available information as of November 6, 2026, which may not reflect subsequent changes. Reading this publication or contacting the firm through this site does not create an attorney-client relationship.
