Conghua Yan v. Cynthia Favila Terry, et al.

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.