10th Circ. Nixes Court Review Limits In Illegal Reentry Case

Law360 (February 5, 2020, 8:17 PM EST) -- The Tenth Circuit has struck down a law that limits when foreign citizens who were quickly deported can challenge their removal orders during criminal cases, joining two other circuit courts to find that the statute strips foreigners of their due process rights.

In a precedential decision on Tuesday, a panel of judges found that the law, which bars people accused of illegally reentering the U.S. after being deported from contesting their fast-tracked, or expedited, removal orders at the criminal court, is unconstitutional.

The panel leaned on the U.S. Supreme Court’s 1987 ruling in U.S. v. Mendoza-Lopez, which held that there must...

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