In an article published in Law360, Partner Mark Fleming discusses the last five years of SCOTUS decisions on the limits of federal appellate review of immigration agency decisions.
Excerpt: “The Bouarfa decision is the latest example of a deep engagement by the court in resolving circuit disagreements regarding jurisdiction to review agency decisions in the immigration space. Between 2020 and 2024, the court has averaged one such decision a year. And Bouarfa is a rare display of unanimity in this area. Most of these decisions have been divided, often sharply.”