On January 20, 2010, the Supreme Court announced its decision in Kucana v. Holder. The case concerned whether 8 U.S.C. § 1252(a)(2)(B)(ii), which bars judicial review of discretionary actions of the Attorney General, applies to decisions of the Board of Immigration Appeals on motions to reopen a case. The Attorney General derives authority for these discretionary actions from "subchapter II of the Immigration and Nationality Act."
In a 9-0 decision delivered by Justice Ginsburg, the Court held that the statute's proscription of judicial review applies only to determinations made discretionary by statute and not to determinations declared discretionary by the Attorney General through regulation. Justice Alito filed a separate opinion; he concurred in the judgment.
To discuss the case, we have United States Military Academy at West Point Department of Social Sciences Professor Margaret D. Stock.