United States Ninth Circuit

In an immigration case, held that an alien who crossed the border into the U.S. illegally must have a meaningful opportunity to challenge the procedures leading to his expedited removal order. Because the relevant immigration statute did not provide that meaningful opportunity here, the provision violated the U.S. Constitution's Suspension Clause, which limits the government's ability to suspend the writ of habeas corpus. Reversed the dismissal of his habeas petition and remanded for further proceedings.

Appellate Information

• Published 2019/03/07

Judges

• Tashima

Court

• United States Ninth Circuit

Counsel