Immigration Rights issue image

Kucana v. Holder

Court Type: U.S. Supreme Court
Status: Closed (Judgment)
Last Update: July 20, 2009

What's at Stake

Whether a decision by the Board of Immigration Appeals denying a motion for reconsideration in an asylum case is subject to judicial review.

Summary

Congress amended the immigration laws in 1996 to provide that certain immigration orders are not subject to judicial review. The issue in this case is whether the denial of a motion for reconsideration in an asylum proceeding is one of those non-reviewable orders. The Seventh Circuit said yes. The government has joined with the asylum applicant in arguing that the Seventh Circuit was wrong. The ACLU’s amicus brief also argues that the Seventh Circuit misconstrued the relevant jurisdictional statutes.

Support our on-going ligitation and work in the courts Donate now

Learn more about the issues in this case