>The writ of habeas corpus applies to detention, not prosecution.
It doesn't. If a cop stops you on the sidewalk for 10 minutes, that's being "detained", but they don't need to meet the burden of first going to a judge and presenting the evidence required in habeas. Which is all of the detention that occurs in these cases, after that it becomes deportation.
But, should habeas be required of deportation, then only proof required for that is "here is the documentation showing lack of citizenship".
It doesn't. If a cop stops you on the sidewalk for 10 minutes, that's being "detained", but they don't need to meet the burden of first going to a judge and presenting the evidence required in habeas. Which is all of the detention that occurs in these cases, after that it becomes deportation.
But, should habeas be required of deportation, then only proof required for that is "here is the documentation showing lack of citizenship".