Summary
U.S. Supreme Court case involving a citizen of Sri Lanka who was apprehended at the border almost immediately after surreptitiously crossing into the United States from Mexico. He lacked the documentation required for entry into the United States, was determined to be excludable, and was placed in expedited removal proceedings. He claimed a fear of returning to Sri Lanka and was referred for an interview with an asylum officer. The officer determined that he had not established a credible fear of persecution. This finding was affirmed by the officer's supervisor and an immigration judge. An expedited removal order was entered. Thuraissigiam filed a habeas corpus petition. Because 8 U.S.C § 1252(e)(2) limits judicial review of expedited removal orders to three narrow factual determinations, none of which were applicable to Thuraissigiam, the District Court dismissed his petition for lack of jurisdiction. The question before the Supreme Court is whether 8 U.S.C. § 1252(e)(2), removing habeas corpus jurisdiction as to some alien removal cases, violates the Suspension Clause of the Constitution as applied to an excludable alien apprehended immediately after illegal entry. CJLF joined the case to argue that Thuraissigiam is not a holder of the constitutional privilege of the writ of habeas corpus because his only connection with the United States was stepping a few yards inside of the border. Because he is not a holder of the privilege, he has no rights under the Suspension Clause. The Supreme Court upheld the statute. The majority decided that because petitions such as Thuraissigiam's are not about entitlement to release they do not fall within the core right protected by the Suspension Clause, and Congress can decide whether to provide judicial review of DHS's decision. A concurring opinion adopted a version of CJLF's argument in part, indicating that persons with minimal connection to the country are not entitled to the full protection afforded citizens and permanent residents.
