Mullin v. Doe · ¶125

The statute does no such thing. Its judicial-review bar applies not to everything the Secretary does under the law, but only to her “determination” “with respect to the designation, or termination or extension of a designation, of a foreign state.” 8 U. S. C. §1254a(b)(5)(A). To preclude review of those determinations is of course to insulate critical matters from judicial scrutiny. Suppose the Secretary determines that a country no longer qualifies for a TPS designation even though the record shows the opposite—that country conditions are as dire as ever. Under the statute, no court may second-guess that determination. But still, the review bar has limits. It does nothing to stop courts from reviewing things other than the Secretary’s “determination[s]” concerning TPS designations. Ibid. And those other things include the procedural steps the Secretary must undertake prior to making…

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