This case presents two questions. The first is whether the Attorney General can expand the category of crimes that Congress has designated as a disqualification for asylum and witholding of removal. The second is whether courts have the power to review the purely legal question of whether the removal decision can be based solely on the crime committed or whether it must also consider the facts and circumstances surrounding the crime. The ACLU brief focuses on the latter question and argues that judicial review is consistent with the traditional role of habeas corpus and essential to ensure that government officials do not act beyond the scope of their lawful authority.