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Judicial Review

INS v. St. Cyr 一 The Suspension Clause of the Constitution, which protects the privilege of the habeas corpus writ, requires some judicial intervention in deportation cases. Habeas courts have answered questions of law in challenges to executive interpretations of immigration law and questions of law arising in the discretionary relief context.

Papageorgiou v. Gonzales 一 The REAL ID Act permits all foreign nationals, including those with criminal convictions, to obtain review of constitutional claims and questions of law upon filing a petition for review of a final removal order with an appropriate court of appeals. However, due process challenges to summary BIA affirmances of removal orders lack merit.

Enwonwu v. Chertoff 一 By adjusting the jurisdiction of the lower federal courts, Congress can effectively strip disfavored classes from full access to justice and thereby restrict or extinguish individual rights and liberties.