One of the cases #SCOTUS could add to its docket as early as today is DHS v. Thuraissigiam, which raises whether the Constitution’s Suspension Clause (which protects a detainee’s right to judicial review) applies to undocumented immigrants _in_ the U.S.:
supremecourt.gov/docket/docketf…
supremecourt.gov/docket/docketf…
This is, potentially, a hugely important case for the constitutional rights of undocumented immigrants—and one of the issues on which there may be real daylight between Justice Kennedy (who in 2008 was the fifth vote to apply the Clause to #GTMO detainees) and Justice Kavanaugh.
And a cert grant is likely; there’s a clear circuit split between the Third Circuit (which held that the Suspension Clause does _not_ apply to undocumented immigrants subject to expedited removal in 2016), and the Ninth Circuit, which reached the opposite conclusion in this case.
Here’s my 2016 @just_security post on the Third Circuit’s ruling—and why, in my view, it’s impossible to reconcile with #SCOTUS’s 2008 decision in Boumediene (holding that even non-citizen terrorism suspects detained at #GTMO are protected by the Clause):
justsecurity.org/32597/circuit-…
justsecurity.org/32597/circuit-…
