A litigation boutique based in Oakland, California, representing plaintiffs and defendants in complex civil litigation.
U.S. District Court Grants Emergency Petition for Writ of Habeas Corpus Filed by the Norton Law Firm and Legal Services for Children, Securing Release of Child from Immigration Custody Days Before 18th Birthday
The Norton Law Firm, in partnership with San Francisco-based Legal Services for Children, has secured the release of a child from immigration custody just days before his eighteenth birthday. The child had been in the custody of the Office of Refugee Resettlement (ORR), which has jurisdiction over unaccompanied children who enter the United States. ORR has a statutory duty to place children promptly in the least restrictive setting that is in their best interests, typically with a parent or other family member. But once a child turns eighteen years old, jurisdiction over the child transfers from ORR to Immigration and Customs Enforcement, which does not have the same obligation to release people from custody.
On behalf of the child, Norton Law and LSC filed an emergency petition for habeas corpus in the United States District Court for the Northern District of Ohio on February 18, 2026, approximately 5 weeks before the child’s eighteenth birthday. The petition argued that ORR had unconstitutionally delayed the child’s reunification with his mother, who had been diligently seeking the child’s release. On March 17, 2026, U.S. District Court Judge Charles E. Fleming ordered the child’s immediate release to his mother, finding that the child’s prolonged detention and separation from his mother violated his procedural due process rights.
LSC Staff Attorney Carly Shortell and Norton Law Associate Matt Liscovitz spearheaded the litigation. Fernando Antunez, a social worker at LSC, and Celeste Peifer, a paralegal at Norton Law, gathered supporting documentation and ensured timely filings in federal court. Norton Law attorneys Heather Bates and Rebecca Kutlow also provided assistance. “We are pleased with the result and thrilled that our client is back with his mother after so many months of separation,” said Ms. Shortell. “The Norton Law Firm is proud to collaborate with the dedicated advocates at Legal Services for Children on this matter,” said Mr. Liscovitz. “The judge’s strongly worded order should be helpful to other advocates working to prevent the government’s unconstitutional detention of immigrant children.”