The Week in Federal Appellate Jurisdiction: November 7–13, 2021
Last week saw only one case of note.
In Guerrier v. Garland, the Ninth Circuit held that the Supreme Court’s decision in DHS v. Thuraissigiam abrogated the Ninth Circuit’s “colorable constitutional claim” exception to the limits on reviewing expedited removal orders.
8 U.S.C. § 1252 sharply limits appellate review of expedited removal (read: deportation) orders. The Ninth Circuit had allowed for a possible exception to those limits when a petitioner raises “colorable constitutional claim.” But Thuraissigiam held that due process does not require review of expedited removal orders beyond what the immigration laws provide. That holding, the Ninth Circuit concluded, abrogated any possible exception to the limits on appellate review. The court in Guerrier accordingly lacked jurisdiction to review the petitioner’s claim that his expedited removal violated due process.
Guerrier v. Garland, 2021 WL 5226070 (9th Cir. Nov. 9, 2021), available at the Ninth Circuit and Westlaw.
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