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Immigration Law

Expert: "Historic" Habeas Decision by Federal Appeals Court in Immigration Case

Miriam Jordan, New York Times, Mar. 7, 2019

"Creating yet another roadblock to the Trump administration’s efforts to deport ineligible migrants, a federal appeals court ruled on Thursday that immigration authorities can no longer swiftly deport asylum seekers who fail an initial screening, opening the door for thousands of migrants a year to get another shot in the federal courts to win asylum in the United States…. ...“This is a historic decision,” said Stephen Yale-Loehr, an immigration scholar at Cornell Law School. “But the government will surely appeal this to the Supreme Court.” ... [T]he three-judge appeals court panel, sitting in San Francisco, held that even though an asylum seeker may lack the right to a full trial in immigration court, the Constitution requires a more complete review than what immigration law currently provides. At its “historical core,” said the 48-page opinion written by Judge A. Wallace Tashima, “the writ of habeas corpus has served as a means of reviewing the legality of executive detention, and it is in that context that its protections have been strongest.” "