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