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
The Habeas Case
A criminal defense attorney's client was convicted after trial. State appeals are exhausted. The client has potential claims for ineffective assistance at trial and sentencing, but the AEDPA deadline is approaching. Law Nerd LLC drafts the §2254 petition, addresses exhaustion and procedural default, and frames the claims under the deferential standard.
The Immigration Client
A criminal defense attorney has a noncitizen client facing a drug charge. The plea offer would trigger mandatory deportation. Law Nerd LLC conducts the categorical analysis, identifies alternative dispositions that avoid removal consequences, and documents the Padilla analysis for the record.
The Federal Summary Judgment
A civil rights plaintiff faces a qualified immunity defense at summary judgment. The response must address both prongs: whether a constitutional right was violated and whether the right was clearly established. Law Nerd LLC maps the facts to circuit precedent and builds the response.
