Ninth Circuit Rules Expedited Removal Review Violates the Constitution
Expect more appeals, fewer negative credible fear findings, and more entries
By Andrew R. Arthur on March 11, 2019
The Court of Appeals for the Ninth Circuit held last week that the provision limiting judicial review of expedited-removal orders violates the suspension clause of the U.S. Constitution. This will likely lead to more appeals of negative credible-fear reviews by immigration judges, fewer negative credible-fear reviews, and as a consequence, more aliens seeking illegal entry into the United States.
In Thurassigiam v. U.S. Dep't of Homeland Sec., the Ninth Circuit considered an appeal from a district court decision dismissing a Sri Lankan national's petition for habeas corpus for lack of subject-matter jurisdiction. The appellant entered the United States illegally on February 17, 2017, and was arrested by a U.S. Customs and Border Protection (CBP) officer 25 yards north of the border. He was placed in expedited-removal proceedings, and referred for a credible-fear interview with an asylum officer after he claimed that he feared persecution in his home country. He was found not to have a credible fear by an asylum officer, a determination affirmed by an immigration judge in credible-fear review proceedings.
https://cis.org/Arthur/Ninth-Circuit-Rules-Expedited-Removal-Review-Violates-Constitution
