Judicial Review Available for Denial of International Transfer
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Related legal case
Wong v. Warden, FCI Raybook
The plaintiff complained that he was denied a transfer to a Canadian prison under the Convention on the Transfer of Sentenced Persons based on his race or nationality or on his exercise of protected rights. The government argued that there is no judicial review of the Department of Justice's actions under the Convention. At 149: "It is well-established that judicial review exists over allegations of constitutional violations even when the agency decisions underlying the allegations are discretionary." See: Wong v. Warden, FCI Raybook, 171 F.3d 148 (2d Cir. 1999).