Department of Homeland Security v. Vijayakumar Thuraissigiam
What's at Stake
Whether immigrants are entitled to seek judicial review of their “expedited removal” orders in federal court.
Summary
The Ƶrepresents Mr. Vijayakumar Thuraissigiam, a Tamil who fled his home in Sri Lanka to escape torture, beatings, and likely death. Tamil people are an ethnic minority that the Sri Lankan government has subjected to a well-documented campaign of human rights violations. After government officers abducted and beat him, subjected him to simulated drowning, and threatened to kill him, Vijayakumar fled the country and sought asylum in the United States. He was denied asylum after a cursory and inadequate interview that violated the requirements imposed by statute, regulations, and due process and was subsequently placed in the “expedited removal” system.
Vijayakumar filed a petition for habeas review of his removal order by a federal judge, which the U.S. government challenged on the grounds that neither the Constitution nor the writ of habeas corpus guarantee judicial review to asylum seekers like Vijayakumar. On appeal, the Ninth Circuit reversed the district court’s dismissal for lack of jurisdiction, and concluded that the expedited removal statute violated the Suspension Clause.
The U.S. Supreme Court agreed to hear the case, which will be argued by Lee Gelernt, an Ƶattorney, on March 2, 2020. Our briefing argues that for as long as Congress has regulated immigration, the U.S. Supreme Court has recognized that deportation involves a restraint on liberty triggering habeas corpus, which is a primary check against the government’s ability to detain people without legal justification. Accordingly, the U.S. Supreme Court has never permitted a noncitizen’s expulsion without affording the opportunity for judicial review—and should not do so now.
Legal Documents
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06/25/2020
Department of Homeland Security v. Thuraissigiam: Supreme Court Opinion
Date Filed: 06/25/2020
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02/05/2020
Brief for Respondent Vijayakumar Thuraissigiam
Date Filed: 02/05/2020
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02/05/2020
Brief for United States
Date Filed: 02/05/2020
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02/05/2020
Brief of Sri Lankan Professors in Support of Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief of Legal Historians in Support of Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief of Immigration Scholars in Support of Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief for Immigration and Human Rights Organizations in Support of Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief for Scholars of the Law of Habeas Corpus Supporting Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief of Amici Curiae Asylum Law Professors in Support of Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief of American Bar Association in Support of Respondent
Date Filed: 02/05/2020
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02/05/2020
Brief for the States Illinois, California, Connecticut, et al
Date Filed: 02/05/2020
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01/21/2020
DHS v. Thuraissigiam Brief for Respondent
Date Filed: 01/21/2020
Press Releases
ƵComment on Supreme Court Ruling in Immigrants’ Rights Case
ƵComment on Supreme Court Decision to Hear Case Involving Asylum-Seekers’ Access to Federal Courts
Appeals Court Rules Denial of Asylum Seekers’ Access to Courts is Unconstitutional