No. of Recommendations: 3
As I understand that ruling, it says that once a person has been adjudicated, by a judge, to have no legitimate claim for asylum, no further proceeding is needed to actually deport him.
That's not entirely correct. It holds that habeas corpus is not available to challenge deportation - altogether - and that the individual does not get a standard removal hearing or judge-issued deportation order.
You had originally suggested that:
If a judge has not issued a deportation order for a person, they have a right to be represented and to appear before a judge before being deported.
....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.
