Block on Trump's Asylum Ban Upheld by Supreme Court
In a petition for review of the BIA's denial of petitioner's motion to reopen his removal proceedings, the court of appeals' denial of the petition is reversed where 8 U.S.C. section 1252(a)(2)(B)'s proscription of judicial review applies only to Attorney General determinations made discretionary by statute, not to determinations declared discretionary by the Attorney General himself through regulation.
Argued November 10, 2009
Decided January 20, 2010
Opinion by Justice Ginsburg
Concurrence by Justice Alito