On Thursday, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit found that asylum seekers at the U.S.-Mexico border who fail their initial threshold of showing a “credible fear” of persecution in their home countries are entitled to a judicial appeal before they can be deported. The decision could severely undermine the Trump Administration’s efforts at securing the border and expeditiously deporting frivolous would-be aslyees in California and Arizona, which are both border states under the jurisdiction of the Ninth Circuit.
The Ninth Circuit looked back at cases dating to the 1700s, determining that under review procedures set by the U.S. Supreme Court in a 2008 case known as Boumediene and by legal precedent set in several immigration cases dating back to the 1950s, Thuraissigiam should be covered by the suspension clause [of tbe U.S. Constitution] because he was arrested in the United States, according to the opinion.
The court went on to hold that a procedure that would not allow the California court to review the immigration judge’s determination in Thuraissigiam’s case would be unconstitutional, according to Thursday’s opinion.
“We … reject the government’s contention that because, in its view, Thuraissigiam lacks due process rights, there are no rights for the suspension clause to protect,” the opinion read. “Boumediene foreclosed that argument by holding that, whether or not due process was satisfied, the suspension clause might require more.” – READ MORE