Guerrero-Lasprilla v. Barr Practice Pointer

Last Updated

April 21, 2020

In a major victory for noncitizens, the U.S. Supreme Court held in a 7-2 decision that the federal circuit courts have jurisdiction to review mixed questions of law and fact. In Guerrero-Lasprilla v. Barr, the Court addressed whether federal courts of appeals have jurisdiction to determine whether the litigants exercised due diligence in seeking to reopen removal proceedings. The Supreme Court found that determining whether undisputed facts met this legal standard was a mixed question of fact and law, permitting judicial review. CLINIC’s practice pointer discusses the Supreme Court decision and provides analysis of other circumstances where courts of appeals may not have jurisdiction.