This Practice Advisory helps immigration attorneys who file petitions for review to challenge removal orders in the circuit courts.
The advisory addresses the Supreme Court’s decision in Guerrero-Lasprilla v. Barr. In that case, the Court held that 8 U.S.C. § 1252(a)(2)(D), which preserves review over “constitutional claims or questions of law” in petitions for review of a removal order before the federal courts of appeals, provides for review of the application of a legal standard to undisputed facts.
The advisory addresses the holding and rationale of the Court’s decision, the decision’s implications for judicial review in other contexts, and next steps for practitioners with cases impacted by the Court’s decision.
