Class 22: Access to Article III Courts

Immigration courts are not Article III courts. And many migrants, we see, never appear before an immigration court before being ordered deported. That raises the question of when, and under what circumstances, noncitizens can challenge their deportation orders (or other treatment by the immigration authorities) in federal court.

Reading:

  • INA § 242

  • A brief history (499-501, 1027-31)

  • INS v. St. Cyr (1039-42, the majority)

  • DHS v. Thuraissigiam (read the majority’s habeas discussion, pp. 11-33, Justice Sotomayor’s dissent pp. 22-33)

  • Impact litigation (1065-70)

As you read, consider the following questions:

  • How can Thuraissigiam be reconciled with St. Cyr, if at all?

  • What role, if any, does the so-called plenary power doctrine play in the Court’s habeas analysis?

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