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Kucana v. Holder

Docket No.: 08-911
Certiorari Granted: Apr 27 2009
Argued: November 10, 2009
Decided: January 20, 2010

PartyNames: Agron Kucana v. Eric H. Holder, Jr., Attorney General
Petitioner: Agron Kucana
Respondent: Eric H. Holder, Jr., Attorney General

Court Below: United States Court of Appeals for the Seventh Circuit

Agron Kucana
v.
Eric H. Holder, Jr., Attorney General
Question Presented:

1. What is the scope of the jurisdictional stripping provision of 8 U.S.C. Section 1252(a)(2)(B)(ii) and whether the statute removes jurisdiction from federal courts to review rulings on motions to reopen by the Board of Immigration Appeals?

Question:

Does 8 U.S.C. § 1252(a)(2)(B)(ii) bar judicial review for both administrative decisions made discretionary by statute and those made discretionary by regulation?

Holding: reversed and remanded
Vote: 9-0
Read KUCANA V. HOLDER opinion (PDF)