Mullin v. Doe · ¶57

In attempting to limit §1254a(b)(5)(A) to substantive determinations, respondents and lower courts have relied not on the statutory text but on several of our decisions, chiefly McNary v. Haitian Refugee Center, Inc., 498 U. S. 479 (1991), and Bowen v. Michigan Academy of Family Physi cians, 476 U. S. 667 (1986). But they read far too much into those decisions. McNary concerned the Special Agricultural Farmworker amnesty program. A provision of the governing statute barred “review of a determination respecting an application for adjustment of status under” that program except in removal proceedings. §1160(e)(1) (1988 ed.) (emphasis added). Because this provision referred to “a single act,” i.e., a ruling on an individual application, the Court held that alien farmworkers’ broad claims about the procedures used in implementing the program could proceed. McNary, 498 U. S., at 492. Thus,…

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