Pena v. Lynch

Petitioner, a native and citizen of El Salvador, petitioned for review of the IJ's affirmance of an asylum officer's negative credible fear determination. The court dismissed the petition for review based on lack of jurisdiction to review petitioner's challenge to his expedited removal proceedings pursuant to the jurisdiction-stripping provisions of 8 U.S.C. 1252(a)(2)(A). The court concluded that because the jurisdiction-stripping provisions of the statute retain some avenues of judicial review, limited though they may be, petitioner has not been unconstitutionally denied a judicial forum. View "Pena v. Lynch" on Justia Law