Kucana v. Holder
Whether a decision by the Board of Immigration Appeals denying a motion for reconsideration in an asylum case is subject to judicial review.
Congress amended the immigration laws in 1996 to provide that certain immigration orders are not subject to judicial review. The issue in this case is whether the denial of a motion for reconsideration in an asylum proceeding is one of those non-reviewable orders. The Seventh Circuit said yes. The government has joined with the asylum applicant in arguing that the Seventh Circuit was wrong. The ACLU’s amicus brief also argues that the Seventh Circuit misconstrued the relevant jurisdictional statutes.