This is a point of contention
in the Hinojosa et al. v. Horn
et al. petition for writ of
certiorari to the U.S. Supreme
Court – does “may” actually
mean “must”?
Habeas corpus, like the APA, is a “remedy of last
resort” and, like the APA, only provides for a limited
review of the agency action. Section 1503(a) is the
most straightforward remedy (foreclosed to people
outside the U.S.) that allows for judicial review of the
question of citizenship.
(c) Application for admission to United States under certificate of identity;
revision of determination
A person who has been issued a certificate
of identity under the provisions of
subsection (b), and while in possession
thereof, may apply for admission to the
United States at any port of entry, and
shall be subject to all the provisions of this
chapter relating to the conduct of
proceedings involving aliens seeking
admission to the United States. A final
determination by the Attorney General
This provision means that
even people who have been
recognized as Americans for
their entire lives have to
apply as foreigners to enter
their own country.
This requirement subjects the person
to administrative detention, potentially
far away from the port of entry, their
family members and local counsel if
they have a representation.
that any such person is not entitled to
admission to the United States shall be
subject to review by any court of
competent jurisdiction in habeas corpus
proceedings and not otherwise. Any
person described in this section who is
finally denied admission to the United
States shall be subject to all the provisions
of this chapter relating to aliens seeking
admission to the United States.616
It is unclear:
• If section 1503 (b) and (c) preclude a claim
under the APA
• If an individual is required to exhaust all of the
steps in order to seek habeas relief
• If so, whether these requirements represent an
“adequate” remedy for the purposes of
precluding a cause of action under the APA
• If federal habeas relief is sought without
application for admission at a port of entry,
whether the person is “in custody” for the
purposes of the habeas statute (28 U.S.C. § 2241)
III. Denial and revocation of documentation of U.S. citizenship
141
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