section] 1189, AEDPA
provides that the Secretary of State may designate an organization as an FTO if she finds: (1) it is foreign; (2) it is engaged in "terrorist activity" (4) or "terrorism," (5) or has the "capability and intent" to do so; and (3) "the terrorist activity or terrorism of the organization threatens the security of United States nationals or the national security of the United States.
To give an example of how some of the AEDPA
tolling provisions work: the AEDPA
's yearlong statute of limitations will toll while "a properly filed application for state post-conviction or other collateral review with respect to the pertinent judgment or claim is pending" before a state court.
The functionalist approach is essential to a strong attack on AEDPA
, a COA is a prerequisite to appeal the denial of a habeas petition.
Part focuses specifically on AEDPA
itself and the tolling standard
57) For example, one of the most litigated provisions of AEDPA
is [section] 2254(d)(1) which precludes habeas relief absent a showing that the state court's decision was "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court.
This process is consistent with the policies motivating AEDPA
has undermined and refused constitutional claims before they can be heard in federal court.
2) A recent study found that only one in 284 noncapital habeas cases result in some form of relief, down from around 1 percent before AEDPA
To treat section 2253(c)(3) as jurisdictional "would thwart Congress' intent" to eliminate delays in AEDPA
section] 2254(d)(2) relieves a federal court of AEDPA
deference when a state court makes an "unreasonable determination of the facts," it "does not repeal the command of [section] 2254(a) that habeas relief may be afforded to a state prisoner 'only on the ground that his custody violates federal law.
Es en 1995 cuando el volumen salta hasta casi 200,000 procesos cada ano, lo que coincide con los primeros anos de implementacion de la IIRIRA y la AEDPA