for Lazycis
Can you check to see if westlaw has red flagged Accardi case? LexisNexis has red flagged it indicating that it was superseded by statue as stated in LaGuerre v. Reno (7th circuit 1998). It reads:
"Until 1961, the mode of judicial review of deportation orders was by habeas corpus, or, after 1952, by declaratory judgment actions, in federal district courts. Shaughnessy v. Pedreiro, 349 U.S. 48, 99 L. Ed. 868, 75 S. Ct. 591 (1955); Accardi v. Shaughnessy, 347 U.S. 260, 267, 98 L. Ed. 681, 74 S. Ct. 499 (1954); Heikkila v. Barber, 345 U.S. 229, 97 L. Ed. 972, 73 S. Ct. 603 (1953). In 1961 Congress made review of such orders by the courts of appeals, without preliminary recourse to the district courts, the exclusive method of judicial review. Immigration and Nationality Act, § 106, 8 U.S.C. § 1105a (1994 ed.).
...
Thirty-five years later, 440(a) of the Antiterrorism and Effective Death Penalty Act amended section 106 to provide that a "final order of deportation against an alien who is deportable by reason of having committed a [drug] offense . . . shall not be subject to review by any court."
Do you think there is a way out by saying it is only limitted to deportation due to drug offenses?