| Non-Self-Executing Treaties and the Suspension Clause After St. Cyr |
| 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." |