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1 1 (July 06, 2020)

handle is hein.crs/govdaun0001 and id is 1 raw text is: Resarh Service Supreme Court Upholds Limited Review of Expedited Removal July 6, 2020 Certain non-U.S. nationals (aliens) who lack authorization to enter the United States are subject to a streamlined expedited removal process, which affords fewer procedural protections to the alien than standard removal proceedings and typically results in the quicker expulsion of the alien from the United States. Federal statute also precludes judicial review of an expedited removal order except in limited circumstances, including habeas corpus proceedings concerning whether the alien is lawfully detained. But habeas review is limited to three narrow grounds, and does not include review of threshold determinations about asylum eligibility or any other aspect of the merits of the underlying expedited removal proceedings. In DIS v. Thuraissigiam, the Supreme Court considered whether these statutory limitations violate the Suspension Clause, which normally forbids the government from restricting an individual's ability to contest his or her detention in a habeas action. The Court held that the statute's restrictions on the ability of an alien in expedited removal to challenge matters other than the lawfulness of his detention did not violate the Suspension Clause. The Court also held that the statute's limitations on judicial review did not violate the Fifth Amendment's Due Process Clause because aliens seeking initial entry to the United States-which comprise most aliens in expedited removal-have limited due process protections. Constitutional Rights of Aliens: Due Process and the Suspension Clause The Supreme Court has long recognized that Congress has plenary power over immigration that applies with most force to the admission and exclusion of aliens seeking to enter the United States. Thus, the Court has held that aliens seeking initial entry, including those detained within the United States pending determinations as to their admissibility, have no constitutional rights regarding their applications for admission, and are entitled only to whatever procedures Congress provided by statute. Conversely, aliens who have physically entered the United States, including those who entered unlawfully, are persons entitled to protections under the Fifth Amendment's Due Process Clause, which generally requires the government to provide a hearing and a meaningful opportunity to be heard before deprivation of a liberty interest. In various opinions, though, the Court has suggested that the scope of due process may tum upon whether the alien has been admitted into the United States or developed substantial ties to this country. Congressional Research Service https://crsreports.congress.gov LSB10510 CRS LegaM Sideba Prepaimed for Mernbei-s and Comrm ttees of Conress ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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