Supreme Court Accepts Review in Two immigration Judicial Review Cases

The Supreme Court today granted certiorari in two cases dealing with judicial review of immigration decisions.  Amy Howe for SCOTUSBlog summarizes the developments in the cases as follows:

“[one of the four cases accepted for review] this afternoon . . . . involves the Constitution’s suspension clause, which provides that the `writ of habeas corpus’ – the opportunity to challenge the validity of imprisonment or detention – `shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.’ In Department of Homeland Security v. Thuraissigiam, the justices will decide whether a federal law that limits judicial review of expedited deportation orders in habeas corpus proceedings to three specific determinations violates the suspension clause. The question arises in the case of a Sri Lankan citizen who was arrested after crossing the U.S.-Mexico border without documentation and was placed in expedited deportation proceedings. When his asylum claims were rejected, Thuraissigiam filed a habeas petition in federal court, arguing that the deportation order violated his rights and seeking a new chance to apply for asylum. The 9th Circuit ruled that, at least as applied to Thuraissigiam, the limitations imposed by federal law violate the suspension clause; the justices will now review that ruling.

The court will also wade into the immigration arena in Nasrallah v. Barr, in which it will consider whether the federal courts of appeals have the authority to review the factual findings at the heart of decisions denying withholding of removal, which is available to individuals who are not eligible for asylum. The petition for review was filed by Nidal Nasrallah, a Lebanese citizen who became a lawful permanent resident of the United States in 2007. DHS began proceedings to deport him after he pleaded guilty to two counts of receiving stolen property. An immigration judge agreed that he was eligible for temporary relief from deportation, but the Board of Immigration Appeals reversed, concluding that Nasrallah had not shown that he would be tortured (the standard for relief) if he were returned to Lebanon. The court of appeals ruled that it lacked the power to review that determination, and now the Supreme Court will weigh in.”

KJ