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Non-Self-Executing Treaties and the Suspension Clause After St. Cyr |
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Stephen I. Vladeck [View as PDF]
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113 Yale L.J. 2007 (2004)
Ogbudimkpa v. Ashcroft, 342 F.3d 207 (3d Cir. 2003).
In INS v. St. Cyr, the Supreme Court rejected Congress's attempt to
foreclose judicial review in various provisions of the Antiterrorism and
Effective Death Penalty Act (AEDPA) of 1996 and the Illegal Immigration
Reform and Immigrant Responsibility Act (IIRIRA) of 1996. The St. Cyr
Court held that Congress must be extraordinarily explicit whenever it
intends for legislation to strip courts of the jurisdiction to hear any class of
habeas petitions, including the deportation-related claims that AEDPA and
IIRIRA sought to restrict. Such a "superclear" statement, the Court
concluded, was needed to avoid the potential constitutional problem posed
by the Suspension Clause, which bars foreclosure of habeas "unless when
in Cases of Rebellion or Invasion the public Safety may require it."
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