No. of Recommendations: 4
....and that's what Thuraissigiam rejects. There was no deportation order by a judge, just a credible fear determination that was denied three times. The deportation determination is made by the asylum officer, not a judge. The individual does not get a removal hearing.
To clarify, since I think I've wound a bunch of disparate things together, the last review of the credible fear determination is made by an immigration judge - so that aspect of the process goes before a judge. But there's no removal hearing, and the removal order is the one issued by the administrative officer. The detainee doesn't get to have the "standard" removal hearing, just a review of the credible fear determination alone. And habeas is never available.
