Asylum-seekers have a right to federal court review of expedited removal orders, ABA amicus brief saysThe ABA filed an amicus brief to the U.S. Supreme Court on Wednesday in support of a Sri Lankan who faced political persecution and is challenging a policy that says asylum-seekers are not entitled to federal court review of expedited removal orders.In the brief, the ABA argued that the court should affirm the San Francisco-based 9th U.S. Circuit of Appeals ruling in favor of Vijayakumar Thuraissigiam. In March 2019, the appeals court found that under the Suspension Clause of the Constitution, Thuraissigiam is permitted to ask a federal court to review his expedited removal order.The ABA argued that denying noncitizens that privilege “contravenes fundamental principles of our constitutional system and this court’s precedent.” The high court had never before “excluded an individual on U.S. soil from the protections of the Suspension Clause absent a formal suspension of the habeas writ,” the 30-page brief states. “To do so would flout judicial review, the Constitution, and the rule of law.”The three-judge panel of the San Francisco-based 9th Circuit found that limiting judicial review of Thuraissigiam’s legal claims, including a writ of habeas corpus, was unconstitutional.In August, the Trump administration asked the court to reverse the 9th Circuit decision.Oral arguments in the case are scheduled for March 2.

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