Habeas Corpus Archives - Jackson & Campbell, P.C.

26 Apr 2021 |

SCOTUS Opinion: Court Rejects Sex Offender’s Habeas Corpus Claim On Predicate State Conviction

After Sean Wright was convicted for sexual abuse in Alaska’s state courts, he failed to register his sex offender status in Tennessee when he moved there after his Alaskan prison sentence ended, in violation of federal law. During the federal proceedings, Wright filed a petition for a writ of habeas corpus in Alaska, arguing that his Sixth Amendment rights were ... Read More

TAGGED: Habeas Corpus, 18 U.S.C. sec. 2254, Alaska v. Wright

25 Jun 2020 |

SCOTUS Opinion: Court Upholds Limit on Habeas Corpus Review of Immigration Claim

An immigrant subject to expedited removal can argue for asylum based on a “credible fear of persecution” if they are returned to their country of origin, under the Illegal Immigration Reform and Immigrant Responsibility Act. However, the Act states that federal courts may not review a determination that an immigrant seeking asylum lacks such fear, pursuant to a writ of ... Read More

TAGGED: Illegal Immigration Reform and Immigrant Responsibility Act, Due Process Clause, Department of Homeland Security v. Thuraissigiam, Habeas Corpus, credible fear of prosecution, Suspension Clause