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AEDPA |
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202) Writing for a unanimous Court, Chief Justice Rehnquist emphasized that AEDPA did not force the constitutional question, because the statute had not completely ousted the Court's appellate jurisdiction, (203) and because it did not substantially constrain the scope of the writ as compared to what was available beforehand. Recent accounts of separated children as young as infants from their parents, many who are citizens of the United States, has raised constitutional concerns regarding the legalities of the two immigration laws, IIRIRA and AEDPA, in their ability to forcibly remove non-citizens without due process protections, the adjudication by an immigration judge, and prolonged incarceration without legal representation. Further, the successive petition rule in AEDPA goes to subject matter jurisdiction. |
AEDPA |
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