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Department of Homeland Security v. Thuraissigiam | 140 S.Ct. 1959 (2020)
When immigration officials ordered expedited removal of a man, he took the unorthodox approach of seeking a writ of habeas corpus in Department of Homeland Security versus Thuraissigiam.
Sri Lankan national Vijayakumar Thuraissigiam crossed into the U S. The Border Patrol stopped him near the border, discovered he didn’t have an entry document, and detained him for expedited removal.
Thuraissigiam said he feared returning to Sri Lanka because he’d been abducted and beaten by some men. Thuraissigiam confirmed he wasn’t fearful of persecution based on any of the classes of people asylum protects.
The officer believed Thuraissigiam but denied Thuraissigiam’s asylum claim because he didn’t fear persecution based on membership in a group that asylum protects. The officer’s supervisor and an immigration judge agreed. The judge sent Thuraissigiam’s case to the Department of Homeland Security so Thuraissigiam could be removed.
Thuraissigiam petitioned for a writ of habeas corpus in federal court, alleging fear persecution due to his political views and Tamil ethnicity. Thuraissigiam wanted the court to give him a new chance to seek asylum but didn’t ask to be released from custody. The court dismissed because it didn’t have the authority to review the expedited-removal order. The Ninth Circuit cited the Suspension Clause and reversed. The Supreme Court granted cert.
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