No. 24-554

Conghua Yan v. Cynthia Favila Terry, et al.

Lower Court: Texas
Docketed: 2024-11-18
Status: Denied
Type: Paid
Relisted (2)
Tags: constitutional-privilege due-process habeas-corpus judicial-proceeding restraining-order writ-of-right
Key Terms:
ERISA DueProcess HabeasCorpus Privacy
Latest Conference: 2025-03-07 (distributed 2 times)
Question Presented (AI Summary)

Whether the Texas court's denial of a habeas corpus proceeding constitutes an unconstitutional suspension of the writ and violation of due process rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED This petition addresses the “privilege” and “suspension” provision under Article I: the Privilege of the Writ of Habeas Corpus shall not be suspended. Habeas corpus requires a separate proceeding ; , with its own cause number. Petitioner filed a writ of habeas corpus in the Texas district court to challenge a fraudulent restraining order—signed by a judge’s master without any pleadings, where no case was ™ pending before her. However, the court neither assigned _a_case number nor granted a_hearing, effectively denying Petitioner’s access to the judicial proceeding. The questions presented are: ; ; . 1. Whether Petitioner’s constitutional privilege of habeas corpus is effectively suspended in Texas. 2. Whether one party’s access to the Article I privilege of the writ of habeas corpus—a fundamental constitution guarantee—is subject to the discretion of the other party. ; . . 3. Whether it constitutes a Due Process violation —— if a citizen has no mechanism to challenge an order when their core rights are deprived.

Docket Entries

2025-03-10
Rehearing DENIED.
2025-02-19
DISTRIBUTED for Conference of 3/7/2025.
2025-02-05
2025-01-27
Petition DENIED.
2025-01-08
DISTRIBUTED for Conference of 1/24/2025.
2025-01-08
Letter of petitioner Conghua Yan received.
2024-11-05
Petition for a writ of certiorari filed. (Response due December 18, 2024)

Attorneys

Conghua Yan
Conghua Yan — Petitioner
Conghua Yan — Petitioner