CA9 on Habeas, Suspension Clause, Expedited Removal: Thuraissigiam v. DHS

Thuraissigiam v. DHS

"[W]e hold that § 1252(e)(2) violates the Suspension Clause as applied to Thuraissigiam, although we do not profess to decide in this opinion what right or rights Thuraissigiam may vindicate via use of the writ. The district court has jurisdiction and, on remand, should exercise that jurisdiction to consider Thuraissigiam’s legal challenges to the procedures leading to his expedited removal order. The judgment of the district court [Thuraissigiam v. U.S. Dep’t of Homeland Sec., 287 F. Supp. 3d 1077 (S.D. Cal. 2018)] is REVERSED and the case is REMANDED for further proceedings consistent with this opinion."