Supreme Court Says Habeas Corpus Still Alive  

The Supreme Court, in its St. Cyr and Calcano decisions, upholds the right of individuals to seek habeas review of final removal orders, even if the cases involve criminal convictions.

Following are the decisions:

Click here for INS v. St. Cyr (288 kb PDF file).

Click here for Calcano-Martinez v. INS (78 kb PDF file).

Brief Summary

The Supreme Court has upheld the right of individuals facing removal to seek review of final removal orders, even those involving noncitizens convicted of crimes, through habeas corpus. Notwithstanding the restrictions on judicial review enacted in AEDPA and IIRIRA, the Court held, the federal courts retain their habeas corpus jurisdiction under 28 U.S.C. 2241.

In addition, the Supreme Court also held that waivers of deportation under former INA section 212(c) remain available for noncitizens whose convictions were obtained through plea agreements before the passage of the AEDPA, and who, notwithstanding those convictions, would have been eligible for 212(c) relief at the time of their plea under the law in effect then. 

The Court issued these rulings in two companion cases, INS v. St. Cyr, No. 00-767 and Calcano-Martinez v. INS, 00-1011. The cases will have a wide-ranging impact, both for judicial review and for relief from removal and deportation.