The U.S. Supreme Court recently revived an immigration case, vacating a Fifth Circuit ruling and sending it back for review. The Fifth Circuit had previously dismissed a deportation relief case on the basis that the court lacked authority to review discretionary decisions by the Board of Immigration Appeals (BIA). The U.S. Supreme Court disagreed, finding that the Fifth Circuit was allowed to provide a judicial review of the case because appellate courts have the authority to issue rulings before administrative options are exhausted. This ruling is part of a string of similar decisions over the past few months, reaffirming the U.S. Supreme Court’s position on this issue. This is great news, as the administrative agencies continue to suffer from extreme backlogs and lengthy processing times. The availability of judicial review, without having to first exhaust all administrative options, provides greater access to relief for affected parties.

The U.S. Supreme Court’s decision to vacate the Fifth Circuit’s ruling is based on the Court’s previous ruling in May that the Immigration and Nationality Act does not limit the circuit courts’ authority to hear challenges to BIA decisions. The case in May was called Santos-Zacaria v. Garland. Since it came down, the U.S. Supreme Court has revived several similar cases that were previously dismissed on the basis that an individual must exhaust all administrative remedies first. In Santos-Zacaria v. Garland, the Court reviewed a Fifth Circuit decision rejecting a Guatemalan transgender woman’s request for waiver of removal, on the basis the BIA had inappropriately decided her case based on their own fact-finding, rather than the immigration judge’s fact-finding. The Court ultimately held that Section 1252(d)(1) of the INA, which governs judicial review of orders of removal, is not jurisdictional. This means it does not limit a circuit court’s power to hear a case.

The U.S. Supreme Court’s original decision in Santos-Zacaria v. Garland, and all subsequently revived cases since it came down, is positive news for those facing deportation. Access to judicial review, without having to exhaust all administrative remedies first, is especially important for those with such high-stake cases.

If you have questions about these developments or any other immigration-related inquiry, please contact us. We actively monitor ongoing updates to U.S. immigration policy to ensure our clients get the right advice

BIA Judicial Review supreme court