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Court Holds Asylum Seekers Have Constitutional Right to Federal Court Review of Expedited Removal Orders

The Ninth Circuit reversed the district court’s dismissal of the habeas petition for lack of subject matter jurisdiction, holding that 8 USC §1252(e)(2) violates the Suspension Clause as applied to the petitioner, and remanded the case for the district court to exercise jurisdiction to consider the petitioner’s legal challenges to the procedures leading to his expedited removal order.

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