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April 25, 2005

Habeas May Soon Be Gone--Consider What Must Be Done on Clients' Behalfs

I just found this Alert from AILA; There is a significant threat that Congressional conferees will adopt some or all of the House REAL ID Act provisions. Among the bill's parade of horribles is a new set of severe limitations on judicial review. If enacted, your clients could be foreclosed from pursuing habeas, mandamus or All Writs Act cases with respect to detention and removal orders. However, it does appear that habeas petitions filed before passage would be "grandfathered" and transfered to Courts of Appeal. Thus, habeas to review detention and removal orders may remain a viable option only for a few more days.

Specifics about the possible limits on judicial review can be found at http://www.unrealidea.org/lccr.pdf

In addition to any actions you might take to protect your individual clients' interests, please also act now to try to protect their interests globally: Contact your members of Congress now, by calling 202-224-3121 or by emailing through Contact Congress at http://capwiz.com/aila2/mail/oneclick_compose/?alertid=7313861. There is still a chance to defeat this horrific legislation!

Posted by VisaLawyer at April 25, 2005 04:04 PM


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