回複：回複：印第安納大學無故開除中國學生！！！！！求助。

I agree with you generally except that I think he has a better argument under the 14th amendment, which does apply to both citizens and non-citizens. (In Rasul v. Bush, 542 U.S. 466, the Supreme Court held that the 640 non-Americans detained as enemy combatants at Guantanamo could use the writ of habeas corpus provided in 28 U.S.C. §2241 to contest the legality of their imprisonment.) The question then becomes this: did the school violated his due process right in this series of actions.
Here again I agree that his argument is at best a tenuous one. The Supreme Court has been confining due process cases to three categories: life, liberty and property and his case doesn't seem to trigger any of the these. However, if he has a good lawyer, things might be different and the school may be willing to settle.
On appealling the school's decisions, the critical issue here is whether the school's investigation has adjudicatory effect. Since he would probably end up in Fed. court if he sues, the school is likely to raise res judicada defense. If the school's investigation was conducted in a formal, judicial like way, its decisions may have claim or issue preclusion effect and thus bar him from litigate these issues again.
To sum up, I think he had a cause of action very early on, but unfortunately he messed things up and now it's too late.

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• 回複：回複：回複：印第安納大學無故開除中國學生！！！！！求助。 -單身老貓- ♂ (1174 bytes) () 11/17/2006 postreply 07:01:35