Bouarfa v. Mayorkas (9-0) "JUSTICE JACKSON delivered the opinion of the Court. A common feature of our Nation’s complex system of lawful immigration is mandatory statutory rules paired with discretionary exceptions. Executive Branch agencies implement...
Nakka v. USCIS Plaintiffs' counsel Brent Renison reports: "The Ninth Circuit has extended the Supreme Court’s interpretation of § 1252(a)(2)(B) in Patel v. Garland , 596 U.S. 328 (2022) to constitutional and collateral APA claims to rule that...
Ravi v. US "Starting in March 2018, Ravi Teja Tiyagurra paid thousands of dollars to the “University of Farmington” to enroll as a student, expecting to take classes. At the time of his enrollment, Mr. Ravi was unaware that the University was...
Jajati v. CBP "We have jurisdiction under 28 U.S.C. § 1291. We hold that § 701(a)(2) does not bar judicial review of Jajati’s APA claims. Although CBP has broad discretion to revoke SENTRI memberships, the APA itself recognizes that discretion...
Suate-Orellana v. Garland "Although the IJ and BIA addressed her argument that her NTA was deficient on the merits, the legal landscape has changed significantly since the BIA’s decision dismissing her appeal. See, e.g., Niz-Chavez v. Garland, 593...
Wilkinson v. Garland "This Court now holds that the application of the exceptional and extremely unusual hardship standard to a given set of facts is reviewable as a question of law under §1252(a)(2)(D). ... The hardship determination in this case was...
F.J.A.P. v. Garland "Based on the statutory language, structure, and context of § 1252, we conclude that a reinstated order of removal is not final for purposes of judicial review until the agency has completed withholding proceedings. Only when those...
On Tuesday, Nov. 28, 2023 the U.S. Supreme Court heard oral argument in the case of Wilkinson v. Garland. Issue: Whether an agency determination that a given set of established facts does not rise to the statutory standard of “exceptional and extremely unusual...