Mullin v. Doe · ¶56

The most prominent theory is that §1254a(b)(5)(A) applies only to substantive claims, not those based on alleged procedural errors. 1 App. 10–11; 818 F. Supp. 3d, at 148; Brief for Respondents in No. 25–1083, pp. 30–31; Brief for Respondents in No. 25–1084, pp. 15–16. This argument finds no support in the language of §1254a(b)(5)(A) because a “determination” may concern procedural or substantive questions. Take Doe respondents’ argument that the Secretary inadequately consulted the State Department about conditions in Syria. In proceeding as she did, the Secretary, either personally or through her subordinates, made a series of procedural determinations: to communicate with the State Department by email, to send a terse and unspecific email, and to proceed to terminate Syria’s TPS designation after receiving a laconic answer.

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