A citizen of Sri Lanka attempted to enter the US illegally. He was apprehended just 25 yards from the border, and put in an expedited removal process. He did not show “credible fear” of persecution to avoid expedited removal. He invoked the writ of habeas corpus to obtain additional review of his asylum claim and ultimately to obtain authorization to stay in the US. Habeas has traditionally been a means to secure release from unlawful detention.
The US Supreme Court ruled that neither the Suspension Clause nor the Due Process Clause of the Fifth Amendment requires any further review of his claims, and IIRIRA’s limitations on habeas review are constitutional as applied.
Please note that this article does not constitute a legal advice. We simplified the law in order to outline the latest US Supreme Court decision and its application to review or expedited removal orders. If you would like to discuss if you may qualify for asylum, call our experienced immigration attorney at 480-425-2009 or contact an experienced immigration attorney via our website to schedule a consultation.