Federal Litigation Support for Texas Attorneys

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Federal Habeas Corpus

Federal habeas corpus is the last avenue for challenging a state conviction on constitutional grounds. Law Nerd LLC handles habeas petitions under both §2254 (state prisoners) and §2241 (federal prisoners and immigration detainees), including:

• §2254 petitions — challenging state convictions based on ineffective assistance of counsel, prosecutorial misconduct, due process violations, confrontation clause errors, and other constitutional grounds
• §2241 petitions — challenging federal custody including immigration detention, BOP sentence computation errors, and conditions of confinement
• AEDPA compliance — navigating the Antiterrorism and Effective Death Penalty Act's procedural requirements, including exhaustion, procedural default, statute of limitations, and the deferential standard of review
• Evidentiary hearing motions — establishing entitlement to a hearing under §2254(e)(2) and Pinholster
• Certificate of appealability — briefing COA applications when the district court denies relief

Immigration Consequences & Crimmigration

After Padilla v. Kentucky, criminal defense attorneys must advise noncitizen clients about the immigration consequences of criminal dispositions. Law Nerd LLC provides:

• Padilla analysis — identifying whether a conviction triggers deportation, inadmissibility, or bars to relief under the INA
• Categorical and modified categorical analysis — determining whether a state criminal statute matches a federal ground of removability
• Safe-plea research — identifying alternative dispositions that avoid or minimize immigration consequences
• Post-conviction relief briefing — supporting motions to vacate based on failure to advise on immigration consequences
• TVPRA / human trafficking — briefing T-visa eligibility, continued presence, and trafficking victim protections

Federal Motion Practice

Federal motion practice operates under Twombly/Iqbal plausibility standards for motions to dismiss and Celotex burden-shifting for summary judgment. Law Nerd LLC handles:

• Rule 12(b)(6) motions — motions to dismiss for failure to state a claim, including Twombly/Iqbal plausibility analysis
• Rule 56 summary judgment — motions and responses applying the Celotex framework with attention to circuit-specific standards
• Rule 12(b)(1) jurisdictional challenges — subject-matter jurisdiction, standing, ripeness, and sovereign immunity
• Daubert motions — challenging expert testimony reliability under the federal standard
• Qualified immunity briefing — addressing the two-prong clearly-established-law analysis in §1983 cases

FLSA & Wage Claims

Fair Labor Standards Act litigation requires careful analysis of exemption classifications, job duties, and wage calculations. Law Nerd LLC provides briefing support for:

• Overtime and minimum wage claims
• Employee misclassification (independent contractor and exempt/non-exempt)
• Collective action certification and notice
• Tip credit and tip pooling violations
• Willfulness and liquidated damages analysis
• Fee applications under FLSA and EAJA

Additional Federal Work

• Class action support — Rule 23 certification briefing, class definition, and adequacy analysis
• Fee applications — EAJA fee petitions, lodestar calculations, and fee-shifting briefing
• Federal appellate briefs — Fifth Circuit and other circuit court briefing
• Election contest litigation — federal election challenges and voting rights briefing

Common Scenarios