Mullin v. Doe · ¶4
Court of Appeals for the District of Columbia Circuit. (a) Title 8 U. S. C. § 1254a(b)(5)(A) provides that “[t]here is no judicial review of any determination of the [Secretary of Homeland Security] with respect to the designation, or termination or extension of a designation, of a foreign state.” The term “determination” may mean either an individual decision or the process leading to a decision. Under either understanding, § 1254a(b)(5)(A) bars all of respondents' non-constitutional claims. Further, the phrase “with respect to” “generally has a broadening effect, ensuring that the scope of a provision covers not only its subject but also matters relating to that subject.” Patel v. Gar land, 596 U. S. 328, 339 (internal quotation marks omitted). Pp. 338–340. (b) Respondents and the courts below offer no sound theories to overcome the plain meaning of the judicial-review bar. Pp.…Read in context ›
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