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In the last five years, the U.S. Supreme Court has decided several cases involving the limits on federal appellate review of immigration agency decisions, turning out an average of a decision per year.
The most recent of these, Bouarfa v. Mayorkas, was published Dec. 10 and shows the Supreme Court's continued willingness to limit judicial review of agency decisions in the immigration space.1 The court's engagement with this issue is likely to continue, and presents a notable counterpoint to the court's recent expansion of judicial review of agency decisions in other areas.
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Footnote
1. No. 23-583, 604 U.S. ___ (Dec. 10, 2024).
Originally Published by Law360, 27 January 2025
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