US Attorney Stops Defending Many Immigration Habeas Petitions

Acting U.S. Attorney Charles Neil Floyd of the Western District of Washington informed Chief U.S. District Judge David Estudillo that his office lacks the resources to defend every immigration-related habeas corpus petition filed against Immigration and Customs Enforcement. In a letter dated October 26, Floyd stated that the volume of petitions, which often number in the dozens per week, prevents prosecutors from performing other civil work and investigating cases.

Under the new policy, if a government lawyer does not appear within seven court days of a scheduling order, judges may assume a petition is unchallenged and rule based solely on the petitioner's papers. U.S. District Judge Tiffany Cartwright has already applied this approach, ruling one case intentionally unopposed and ordering the release of Baljit Singh, an Indian asylum seeker. Release orders are now sent directly to the Northwest ICE Processing Center.

This shift comes as the United States Department of Justice has shed 21% of its attorneys since early 2025. Approximately 2,000 such petitions have been filed in western Washington since January 2025, contributing to a nationwide total of about 85,000 cases.