"Castro v. Department of Homeland Security: Brief of Refugee and Human " by James C. Hathaway
 

Document Type

Brief

Publication Date

1-26-2017

Abstract

Amici are thirty-one organizations and scholars who study the implementation of U.S. immigration and asylum laws, advocate for greater asylum seeker protections, and represent indigent asylum claimants in expedited removal proceedings. Amici are well-positioned to describe noncitizens' experiences in expedited removal and how the processes designed to identify asylum seekers are implemented. In addition, amici have an interest in ensuring the fair and just application of immigration laws to individuals who fear return to their country of origin. A complete list of amici is contained in the Appendix.

In the two decades since Congress created the expedited removal process for noncitizens who seek entry to or have recently entered the United States, this Court has never reviewed those proceedings. Unlike regular removal proceedings, which afford noncitizens some protections, expedited removal features few, if any, safeguards-permitting the rapid removal of a noncitizen after a single encounter with a Customs & Border Protection ("CBP") officer.

In light of substantial evidence that the procedural and substantive protections Congress provided are frequently misapplied or altogether ignored, safeguarding Petitioners' access to habeas corpus is of exceptional importance. For that reason, this Court should grant certiorari and reverse the judgment of the Third Circuit.

Comments

Amicus: Advocates for Human Rights; American Immigration Council; Amnesty International; Catholic Charities Community Services, Archdiocese of New York; Center for Gender & Refugee Studies; Center for Social Justice, Seton Hall Law School; Center for Victims of Torture; Church World Service; Harvard Immigration and Refugee Clinical Program; HIAS, Inc.; HIAS Pennsylvania; Human Rights First; KIND, Inc.; National Immigrant Justice Center; University of California Davis School of Law Immigration Law Clinic; Women's Refugee Commission; Young Center for Immigrant Children's Rights at the University of Chicago; Benson, Professor Lenni B.; Sanchez, Benjamin Casper; Caplow, Professor Stacy; Gupta, Professor Anju; Harris, Professor Lindsay M.; Hathaway, Professor James C.; Nagda, Jennifer; Paoletti, Professor Sarah H.; Pistone, Professor Michele R.; Ruffer, Galya Ben-Arieh; Sharples, Professor Rebecca; Velez Martinez, Professor Sheila I.; Wadhia, Shoba Sivaprasad; Woltjen, Maria

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