Mullin v. Doe · ¶127

The majority’s contrary conclusion rests on what it self- describes as a “very broad” view of the term “determination.” Ante, at 12. According to the majority, that term can “be used as a synonym for ‘decision’” or “to describe the chain of events leading up to a decision.” Ibid. So when the judicial-review bar refers to a “determination,” the majority posits, it means not only the actual determination of whether a country still qualifies for TPS, but also the “chain of events leading up to” that decision. Ibid. And the latter includes, the majority says, the statutorily required consultations—which (voila!) brings them within the judicial-review bar.

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