A Short History of Habeas, AEDPA
, and the Debate A.
and the IIRIRA: Treating misdemeanors as felonies for immigration purposes; the legislative reform.
Although the case law predates AEDPA
, the dangers posed by, and the need for protection from, ghostwritten opinions in habeas cases are still present post-AEDPA.
"As part of AEDPA
, however, Congress adopted a one-year statute of limitations for the filing of fully-exhausted claims in a federal habeas petition and did not provide for the tolling of the limitations period while a habeas petition was pending in federal court.
But the logic of Baude's criticism may go further--that the Court should never grant certiorari in these cases because, on Baude's account, AEDPA
is statutory law while qualified immunity is simply made up.
(40) The legislative history of AEDPA
suggests, however, that Congress was attentive to the interests of victims of terrorism to the exclusion of considering the possible deleterious effects of the terrorism exception on foreign policy.
A direct appeal of a state conviction is part of the criminal case; federal habeas corpus cases are civil cases that collaterally challenge the criminal conviction.) This is particularly important where the issue is whether the federal court of appeals violated AEDPA
when it held that a state court unreasonably applied clearly established law.
when the act occurred" and "the claimant must afford the foreign state a reasonable opportunity to arbitrate the claim." (86) As will be discussed more fully below, (87) these restrictions suggest that, when drafting the AEDPA
, the United States was mindful of, and was attempting to limit, the potential for section 1605(A) claims to have negative consequences for its international relations.
Following the 1993 attack on the World Trade Center and the 1995 bombing of the Murrah Federal Building in Oklahoma City, AEDPA
was passed by Congress and signed into law by President Clinton.
Congress restricted the once extensive Writ of Habeas Corpus through the AEDPA
by imposing a statute of limitations "with a complexity that ensured most defendants would not be able to comply with the limit....
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.
En 1996, dos leyes en particular--la Ley de Reforma de Inmigracion Ilegal y Responsabilidad de Inmigrantes (conocida como IIRIRA) y la Ley Antiterrorismo y Efectiva de Pena de Muerte (conocida como AEDPA
)--transformaron la ley de inmigracion del pais estableciendo un enfoque cada vez mas restrictivo y punitivo que criminalizo a los inmigrantes de, al menos, dos maneras.