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

March 08, 2019 (1 min read)

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.” "