About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

33 Colum. Hum. Rts. L. Rev. 555 (2001-2002)
The Habeas Corpus Suspension Clause after INS v. St. CYR

handle is hein.journals/colhr33 and id is 567 raw text is: THE HABEAS CORPUS SUSPENSION CLAUSE AFTER INS V. ST. CYR by Gerald L. Neuman* In June 2001, the Supreme Court issued a long-awaited deci- sion construing the Habeas Corpus Suspension Clause, Immigration and Naturalization Service v. St. Cyr.' The Court cited serious con- cerns about a Suspension Clause violation as one of its reasons for construing the Immigration and Nationality Act2 (INA) as not ob- structing habeas corpus inquiry into an administrative order for the removal of an alien resident. The Court's reaffirmation of the impor- tance of the Suspension Clause as a safeguard against unlawful ex- ecutive action came at an opportune moment. The debate between the majority and the dissent over the meaning of this constitutional guarantee calls for a reexamination of what Professor Zechariah * Herbert Wechsler Professor of Federal Jurisprudence, Columbia Law School. In addition to earlier debts, I owe thanks for comments and criticisms of this article to Michael Dorf, Martin Flaherty, William Forbath, Helen Hershkoff, James Liebman, Henry Monaghan, James Oldham, Jeremy Waldron, and Mi- chael Wishnie. I should disclose to the reader that I have written several amicus curiae briefs relating to the issues discussed in Part I of this article, and was an author of the brief amicus curiae of the American Bar Association in the St. Cyr case. 1. 121 S. Ct. 2271 (2001). The St. Cyr decision resolved a dispute about federal jurisdiction to review removal orders that has raged since the enactment of the Antiterrorism and Effective Death Penalty Act, Pub. L. No. 104-132, 110 Stat. 1214 (1996). See Gerald L. Neuman, Habeas Corpus, Executive Detention, and the Removal of Aliens, 98 Colum. L. Rev. 961, 965-67 (1998). 2. The Immigration and Nationality Act, ch. 477, 66 Stat. 163 (1952) (codi- fied as amended at 8 U.S.C. §§ 1101-1646 (1994 & Supp. V 1999)), was the most recent comprehensive recodification of the immigration laws, and provides the underlying structure for Title 8 of the United States Code. It has been massively amended over the years, replacing the criteria for immigration, revising the grounds for removal, and altering the applicable procedures.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most