Immigration Law

Major Suspension Clause Victory at CA3: Osorio-Martinez v. Attorney General

Osorio-Martinez v. Attorney General - "Because we conclude that the INA strips the federal courts of jurisdiction to review Petitioners’ challenge to their expedited removal orders, we must confront a second question, this one of constitutional dimension: Does the stripping of federal court jurisdiction to hear the claims of these children violate the Suspension Clause? In view of their SIJ status and the significant connections to the United States that it entails, we hold today that it does. ... For the foregoing reasons, we will reverse the District Court’s denial of Petitioners’ request for injunctive relief and remand for proceedings consistent with this opinion."

[Hats way off to Bridget Cambria, Jacquelyn M. Kline, Carol A. Donohoe, Jessica Rickabaugh, Anthony C. Vale, Nancy Winkelman, Bruce P. Merenstein and Arleigh P. Helfer III!]