Mullin v. Doe · ¶51

Under either of these definitions, §1254a(b)(5)(A) bars respondents’ non-constitutional claims. Each claim concerns a discrete decision made by the Secretary—for example, her decision to consult the State Department in a particular manner and her decision that country conditions in Syria and Haiti justified termination of their TPS designations. And all those steps were part of the process that led to her final decision to terminate these countries’ TPS designations. Indeed, the same result would follow if “determination” referred only to that final decision. In that event, all the preceding decisions would be “with respect to” that decision. So, under any dictionary definition of “determination,” the judicial-review bar applies to respondents’ non- constitutional claims.

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