Conghua Yan v. Cynthia Favila Terry, et al.
ERISA DueProcess HabeasCorpus Privacy
Whether the Texas court's denial of a habeas corpus proceeding constitutes an unconstitutional suspension of the writ and violation of due process rights
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.