Texas migrant law

Availability of Judicial Review Reaffirmed by U.S. Supreme Court

The U.S. Supreme Court recently revived an immigration case, overturning a decision by the Fifth Circuit and sending it back for reevaluation. Previously, the Fifth Circuit had dismissed a case involving relief from deportation, arguing that they couldn’t review discretionary decisions made by the Board of Immigration Appeals (BIA). However, the U.S. Supreme Court disagreed with this approach, saying that the Fifth Circuit did indeed have the authority to provide a judicial review of the case. They ruled that appellate courts can issue judgments before individuals exhaust all their administrative options. This decision aligns with a series of similar rulings made by the U.S. Supreme Court in recent months, reinforcing their position on this matter. This development is particularly significant because administrative agencies are currently facing long delays and processing times. Allowing judicial review without requiring full exhaustion of administrative remedies provides greater access to relief for those affected.

The U.S. Supreme Court’s decision to overturn the Fifth Circuit’s ruling is based on their prior decision in May, known as Santos-Zacaria v. Garland. Since that ruling, the U.S. Supreme Court has revived several similar cases that were previously dismissed due to the belief that individuals must first complete all administrative steps before judicial review.

The U.S. Supreme Court’s initial decision in Santos-Zacaria v. Garland and all subsequently revived cases are positive developments for individuals with cases waiting to be heard. Having access to judicial review without being required to exhaust all administrative remedies first is especially important for those facing long wait times.

If you have any questions about this Supreme Court decision or any other immigration-related issues, please don’t hesitate to contact us. We work with our clients every step of the way to help them maximize their odds of a successful outcome. See how we can help you, too.

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