Speech #850273035

It may be noted that some years ago the Supreme Court held in effect that for an alien seeking admission to the United States. due process of law is whatever procedure the Congress determines shall be available. No one can question the fairness of making habeas corpus available as the sole method of judicial review. There have been arguments by lawyers for aliens that the established judicial principle of res judicata does not apply to court actions determining the validity of deportation cases. As a result. the questions which have been determined and which could have been determined in such cases are tried over and over again. Some cases have been in litigation for more than 10 years. Apparently. there is no limit under existing law. and there is not even a requirement in existing law that a judge to whom an alien makes application for relief from a deportation order shall be informed that there was a previous determination of the case. If for no other reason than to protect the judiciary against unscrupulous aliens. some changes in this respect are required. The bill provides that an order of deportation or of exclusion shall not be reviewed if the alien has not exhausted his administrative remedies. Every petition for review or for habeas corpus must state whether the validity of the administrative order has been upheld in prior judicial proceedings and if so. where and when. The bill also declares that no petition for review or for habeas corpus shall be entertained if the validity of the adminstrative order has been previously upheld unless the court finds that the petition presents grounds which could not have been presented in the prior proceeding. or unless the court finds that the prior proceeding gave an inadequate or ineffective remedy.