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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.

Court Says It Lacks Jurisdiction to Review Denial of Bosnian Petitioner’s §237(a)(1)(H) Waiver Application

The Seventh Circuit dismissed in part and denied in part the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny the Bosnian Serb petitioner’s application for a waiver of removal under INA §237(a)(1)(H). Accordingly, the court upheld the BIA’s determination that the petitioner, who had failed to disclose his participation as a combatant in the Bosnian conflict during the 1990s when he applied for refugee status, was removable based on fraud.

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