Kucana v. Holder, No. 08-911

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.

Read Kucana v. Holder, No. 08-911

Appellate Information

Argued November 10, 2009

Decided January 20, 2010

Judges

Opinion by Justice Ginsburg

Concurrence by Justice Alito