Department of Homeland Security v. Vijayakumar Thuraissigiam
What's at Stake
Whether immigrants are entitled to seek judicial review of their 鈥渆xpedited removal鈥 orders in federal court.
Summary
The 老澳门开奖结果 represents Mr. Vijayakumar Thuraissigiam, a Tamil who fled his home in Sri Lanka to escape torture, beatings, and likely death. Tamil people are an ethnic minority that the Sri Lankan government has subjected to a well-documented campaign of human rights violations. After government officers abducted and beat him, subjected him to simulated drowning, and threatened to kill him, Vijayakumar fled the country and sought asylum in the United States. He was denied asylum after a cursory and inadequate interview that violated the requirements imposed by statute, regulations, and due process and was subsequently placed in the 鈥渆xpedited removal鈥 system.
Vijayakumar filed a petition for habeas review of his removal order by a federal judge, which the U.S. government challenged on the grounds that neither the Constitution nor the writ of habeas corpus guarantee judicial review to asylum seekers like Vijayakumar. On appeal, the Ninth Circuit reversed the district court鈥檚 dismissal for lack of jurisdiction, and concluded that the expedited removal statute violated the Suspension Clause.
The U.S. Supreme Court agreed to hear the case, which will be argued by Lee Gelernt, an 老澳门开奖结果 attorney, on March 2, 2020. Our briefing argues that for as long as Congress has regulated immigration, the U.S. Supreme Court has recognized that deportation involves a restraint on liberty triggering habeas corpus, which is a primary check against the government鈥檚 ability to detain people without legal justification. Accordingly, the U.S. Supreme Court has never permitted a noncitizen鈥檚 expulsion without affording the opportunity for judicial review鈥攁nd should not do so now.
Legal Documents
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06/25/2020
Department of Homeland Security v. Thuraissigiam: Supreme Court Opinion
Date Filed: 06/25/2020
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02/05/2020
Brief for Respondent Vijayakumar Thuraissigiam
Date Filed: 02/05/2020
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02/05/2020
Brief for United States
Date Filed: 02/05/2020
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02/05/2020
Brief of Sri Lankan Professors in Support of Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief of Legal Historians in Support of Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief of Immigration Scholars in Support of Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief for Immigration and Human Rights Organizations in Support of Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief for Scholars of the Law of Habeas Corpus Supporting Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief of Amici Curiae Asylum Law Professors in Support of Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief of American Bar Association in Support of Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief for the States Illinois, California, Connecticut, et al
Date Filed: 02/05/2020
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01/21/2020
DHS v. Thuraissigiam Brief for Respondent
Date Filed: 01/21/2020
Press Releases
老澳门开奖结果 Comment on Supreme Court Ruling in Immigrants鈥 Rights Case
老澳门开奖结果 Comment on Supreme Court Decision to Hear Case Involving Asylum-Seekers鈥 Access to Federal Courts
Appeals Court Rules Denial of Asylum Seekers鈥 Access to Courts is Unconstitutional