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New Yale Scholarship: Case Comment: Ogbudimkpa v. Ashcroft
Posted by James Grimmelmann on Friday, August 13 @ 00:15:00 EDT Scholarship
Stephen I. Vladeck, Case Comment, Ogbudimkpa v. Ashcroft, Non-Self-Executing Treaties and the Suspension Clause After St. Cyr, 113 YALE L.J. 2007 (2004).

(Abstract prepared by James Grimmelmann)

In INS v. St. Cyr, the Supreme 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. Habeas has traditionally been available to allege violations of not only the Constitution and statutory law, but also of ratified treaties that are "self-executing" and statutes implementing ratified treaties that are not. The Third Circuit, in Ogbudimkpa v. Ashcroft, found the jurisdiction-stripping provisions of the Foreign Affairs Reform and Restructuring Act (FARRA) of 1998 to be materially similar to that which the St. Cyr Court had held to be insufficiently clear to foreclose habeas. FARRA implemented the United States’s treaty obligations under the non-self-executing Convention Against Torture. This Comment argues that after St. Cyr, courts are on shaky ground in barring the use of habeas to litigate claims under non-self-executing treaties, and that Ogbudimkpa, though not directly on point, suggests why.

 
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