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Keywords

jurisdictionappealmotionjudicial reviewliens

appealliens

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Guerrero-Lasprilla v. Barr

Facts

Pedro Pablo Guerrero-Lasprilla and Ruben Ovalles, both aliens who committed drug crimes, were ordered removed from the United States. After their removal orders became final, they sought to reopen their proceedings, arguing that the 90-day time limit for filing a motion to reopen should be equitably tolled due to their due diligence. The Board of Immigration Appeals denied their requests, stating they failed to demonstrate the requisite due diligence. The Fifth Circuit denied their appeals, claiming it lacked jurisdiction to review the factual claims regarding due diligence.

The two petitioners before us, Pedro Pablo Guerrero-Lasprilla and Ruben Ovalles, are aliens who lived in the United States. Each committed a drug crime and consequently became removable.

Issue

Whether the phrase 'questions of law' in the Limited Review Provision, 8 U.S.C. 1252(a)(2)(D), includes the application of a legal standard to undisputed or established facts.

The question that these two consolidated cases present is whether the phrase 'questions of law' in the Provision includes the application of a legal standard to undisputed or established facts.

Rule

The Limited Review Provision allows courts to consider only 'constitutional claims or questions of law' in immigration cases involving removal based on certain crimes.

The Limited Review Provision says that in such instances courts may consider only 'constitutional claims or questions of law.'

Analysis

The Court analyzed the statutory language and context, concluding that the term 'questions of law' encompasses the application of a legal standard to established facts. The Court emphasized that interpreting the provision to exclude mixed questions would effectively foreclose judicial review of the Board's determinations, which contradicts the presumption favoring judicial review of administrative actions.

We believe that it does. Nothing in that language precludes the conclusion that Congress used the term 'questions of law' to refer to the application of a legal standard to settled facts.

Conclusion

The Supreme Court vacated the judgment of the Fifth Circuit and remanded the case, holding that the court of appeals has jurisdiction to consider the petitioners' claims regarding equitable tolling.

We conclude that the phrase 'questions of law' does include this type of review, and the Court of Appeals was wrong to hold the contrary.

Who won?

Guerrero-Lasprilla and Ovalles prevailed because the Supreme Court found that the Fifth Circuit erred in its interpretation of the Limited Review Provision, allowing for judicial review of their claims.

We agreed to do so.

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