Mullin v. Doe · ¶60

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, the decision turned on the specific wording of the provision at issue. It did not adopt the broad principle that the term “determination” applies only to substantive matters.

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