Macias-Guerrero v. Barr

Summary

The Tenth Circuit dismissed a petition for review of an expedited removal order under 8 U.S.C. § 1225(b)(1), holding that 8 U.S.C. § 1252(a)(2)(A) strips jurisdiction over such orders and that § 1252(a)(2)(D) does not preserve review of constitutional or legal claims because it applies only to limitations under subparagraphs (B) or (C), not (A). The court also noted that the Supreme Court in *Dep't of Homeland Sec. v. Thuraissigiam* held that statutory limits on judicial review in expedited removal proceedings do not violate due process for aliens denied entry.

Holdings

1. The court lacks jurisdiction because 8 U.S.C. § 1252(a)(2)(A) bars review of expedited removal orders under § 1225(b)(1), and § 1252(a)(2)(D) does not apply to limitations imposed by subparagraph (A).

Questions Presented

1. Whether the Tenth Circuit has jurisdiction under 8 U.S.C. § 1252(a)(1) or (a)(2)(D) to review a petition for review of an expedited removal order issued under 8 U.S.C. § 1225(b)(1).

Disposition

dismissed