What is the scope of section 1252(e)(2) of the Immigration and Customs Enforcement Act, which, if any, limits judicial review to "whether or not the petitioner is an alien"?

MultiRegion, United States of America

The following excerpt is from Guerrier v. Garland, 20-70115 (9th Cir. 2021):

In turn, subsection (e) limits judicial review to three issues: "'whether the petitioner is an alien'; 'whether the petitioner was ordered removed' under an expedited removal order; and whether the petitioner can prove that he or she has lawful status in the United States as an asylee, refugee, or permanent resident." Id. (quoting 8 U.S.C. 1252(e)(2)) (citing DHS v. Thuraissigiam, 140 S.Ct. 1959, 1963-64 (2020)). These issues "must be raised in habeas corpus proceedings." Id.

Other Questions


What is the scope of judicial review of a decision made by the Federal Environmental Protection Agency against a request by the Sierra Club for a judicial review? (MultiRegion, United States of America)
Does the Immigration Judge have a duty to determine whether an alien is eligible for suspension of deportation under section 1254 of the Immigration Regulation? (MultiRegion, United States of America)
Does section 1252(a)(2)(C) of Title 8 of the Immigration and Customs Code allow the INS to review a removal order based on the conviction of an alien convicted of a similar crime? (MultiRegion, United States of America)
Does section 212(c) of the Immigration and Customs Act, section 1182(c), section 212 of the Civil Code, apply in the context of deportation proceedings? (MultiRegion, United States of America)
Does Section 241(f) of the Immigration and Naturalization Service Act apply to aliens who gain entry as a result of fraud in obtaining immigrant visas or fraud upon being inspected as immigrants at the point of entry? (MultiRegion, United States of America)
Can direct substitution be used as a judicial review power under the law of judicial review? (Canada (Federal), Canada)
What is the scope of a section 2(2) of the Human Rights Act, section 3(4) and section 4(5) of The Queen’s Speech to the House of Representatives on the issue of same sex discrimination? (Canada (Federal), Canada)
Is a judicial review application directed against a negative PRRA decision moot where the Applicant for judicial review has been removed from or voluntarily left Canada? (Canada (Federal), Canada)
Is a criminal conviction final for purposes of immigration review if the alien has exhausted or waived direct appellate review? (MultiRegion, United States of America)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.