"Now, the government is seeking to convince a New York appeals court that the tool, a habeas corpus petition, should be generally off-limits in such cases, arguing that it runs afoul of American immigration law. If the U.S. argument is successful, noncitizens detained by the administration and placed in immigration proceedings could lose one of the most dependable methods of challenging their detention."
"A Justice Department lawyer, Tyler Becker, repeatedly laid out the government's position before a three-judge panel, saying that Congress had stripped from federal district courts the jurisdiction to consider habeas petitions that challenged deportation decisions. The lawyers representing Mahdawi and Ozturk countered that contesting a decision to remove someone from the United States is different from contesting a decision to detain that person."
Federal lawyers seek to block habeas corpus petitions by noncitizens detained amid deportation proceedings related to student protests, arguing Congress removed district courts' jurisdiction. Advocates contend habeas challenges to detention remain distinct from challenges to removal orders and that district courts retain authority to review unlawful detention. Without access to habeas, detained demonstrators could lose a reliable mechanism to challenge their detention and face prolonged confinement or deportation. Named detainees include Mahmoud Khalil, Mohsen Mahdawi and Rumeysa Ozturk. The U.S. Court of Appeals for the Second Circuit heard oral arguments on the jurisdictional dispute.
Read at Boston.com
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