Document Type
Brief
Publication Date
2-25-2004
Abstract
This case addresses the due process rights of aliens in the United States who have been detained indefinitely pending final removal, because the United States is unable to deport them. Amici curiae are 24 professors of constitutional law, immigration law, foreign relations law, American legal history and federal courts at law schools in the United States. Amici have expertise in the constitutional law of the United States relating to foreign relations, immigration, and due process, and many have written about the due process principles raised by this case. The professional interest of amici is in ensuring that the Court is fully and accurately informed of the circumstances giving rise to the "entry fiction" that aliens in the United States are unprotected by the Due Process Clause in some narrow contexts, and the extent to which that doctrine has become fundamentally irreconcilable with this Court's constitutional jurisprudence. Specifically, amici urge the Court not to reaffirm the decision in Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206 (1953), and urge the Court to hold that the removal power of the government, particularly when that power results in the indefinite detention of aliens with lengthy contacts with the United States, is meaningfully limited by the requirements of due process.
Recommended Citation
Caminker, Evan, "Benitez v. Wallis: Brief of Law Professors as Amici Curiae in Support of Petitioner" (2004). Appellate Briefs. 15.
https://repository.law.umich.edu/briefs/15
Comments
Amicus: Aleinikoff, Professor T. Alexander; Black, Professor Barbara Aronstein; Bosniak, Professor Linda S.; Boswell, Professor Richard A.; Caminker, Professor Evan H.; Churgin, Professor Michael J.; Cleveland, Professor Sarah H.; Damrosch, Professor Lori Fisler; Sager, Lawrence G.; Spiro, Professor Peter J.; Taylo, Professor Margaret H.; Weisselberg, Professor Charles D.; Wishnie, Professor Michael J.; Fletcher, Professor George P.; Forbath, William E.; Franck, Professor Thomas M.; Gordon, Professor Robert W.; Henkin, Professor Louis; Kanstroom, Professor Daniel; Koh, Professor Harold Hongju; Legomsky, Professor Stephen H.; Levinson, Sanford V.; Motomura, Professor Hiroshi; Neuman, Professor Gerald L.