Facts of the Case
Between December 2020 and January 2021, Zackey Rahimi was involved in a series of violent incidents in Arlington, Texas, including multiple shootings and a hit-and-run. Rahimi was under a civil protective order for alleged assault against his ex-girlfriend, which explicitly prohibited him from possessing firearms. Police searched his home and found a rifle and a pistol, leading to Rahimi’s indictment for violating federal law 18 U.S.C. § 922(g)(8), which makes it unlawful for someone under a domestic violence restraining order to possess firearms. Rahimi moved to dismiss the indictment on constitutional grounds but was denied, as his argument was foreclosed by United States v. McGinnis, 956 F.3d 747 (5th Cir. 2020).
Rahimi pleaded guilty but continued his constitutional challenge on appeal. As the appeal was pending, the U.S. Supreme Court decided New York State Rifle & Pistol Association, Inc. v. Bruen, 579 U.S. __ (2022). Rahimi argued that Bruen overruled McGinnis and thus that § 922(g)(8) was unconstitutional, and the U.S. Court of Appeals for the Fifth Circuit agreed.
Questions
Does 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violate the Second Amendment?
Conclusions
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Today’s decision announces nothing more remarkable than the fact that this Court meant what it said in Guerrero-Lasprilla: Mixed questions of law and fact, even when they are primarily factual, fall within the statutory definition of “questions of law” in §1252(a)(2)(D) and are therefore reviewable. That holding does not render §1252(a)(2)’s jurisdiction-stripping provisions meaningless. As this Court said in Guerrero-Lasprilla and reiterated in Patel, those provisions still operate to exclude “agency fact-finding from review.” Guerrero-Lasprilla, 589 U. S., at 234–235; Patel, 596 U. S., at 339 (“[J]udicial review of factfinding is unavailable”). The facts underlying any determination on cancellation of removal therefore remain unreviewable. For instance, an IJ’s factfinding on credibility, the seriousness of a family member’s medical condition, or the level of financial support a noncitizen currently provides remain unreviewable. Only the question whether those established facts satisfy the statutory eligibility standard is subject to judicial review.[4] Because this mixed question is primarily factual, that review is deferential.
For these reasons, the Court reverses the Third Circuit’s “jurisdictional” decision, vacates its judgment, and remands the case for further proceedings consistent with this opinion.
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